North Carolina Divorce Lawyers Blog

Articles Posted in Appellate

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Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing.

Can a trial court choose to modify a custody order even when neither parent has filed a motion to modify? Not generally, but a recent Court of Appeals case highlighted a specific scenario in which this might occur. Continue reading →

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Spousal support can be awarded in North Carolina divorces if the court determines that such payments are necessary for the maintenance of a lesser-earning or dependent spouse. The terms of support vary from case to case, but the court may award payments for a set or indefinite period of time. Continue reading →

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When awarding spousal support in North Carolina, courts must look at various factors to determine not just if support is appropriate but also how much to award and for how long. Continue reading →

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Jurisdiction is the authority of a particular court to hear and rule on a case, and it is a crucial part of any court proceeding. There are multiple types of jurisdiction, such as territorial and subject matter. Territorial jurisdiction refers to a court’s ability to hear cases relating to a certain geographic area. Subject matter jurisdiction determines a court’s authority to hear certain types of cases, like child custody and divorce.

While this may seem straightforward, jurisdiction can easily become a contested issue that can greatly impact the outcome of a case. Continue reading →

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North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations.

However, imputed income is sometimes calculated in select cases. Imputing income occurs when the court uses earning potential to calculate support amounts. Most often, courts impute income when one parent is underemployed or underearning and acts in bad faith to avoid paying support. Continue reading →

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Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Continue reading →

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In a divorce, assets and debts can be divided equally in North Carolina, but if either party requests equitable distribution, then there may also be an unequal division if that’s what the court deems fair. North Carolina courts can use a variety of entities to determine how to divide a couple’s property, including businesses owned by one of the spouses. Continue reading →

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In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. Continue reading →

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →

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Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways:

  • Initial child custody jurisdiction
  • Exclusive, continuing jurisdiction
  • Jurisdiction to modify determination
  • Temporary emergency jurisdiction

Jurisdiction can affect child custody, but support issues are also impacted by jurisdictional decisions. Continue reading →