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Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020)

In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We all have heard stories of how even the most kind and gentle ones can fly off the leash in a fit of madness. But our state limits liability for dog attacks to certain exceptions. Mims v. Parker is a case that addresses some of the liabilities. Continue reading →

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Suppose you are separated or divorced, or you have recently retired or been placed on disability, and are the parent of a minor child. If you receive dependent benefits through Social Security or the Veterans Administration, your child support obligation may be reduced or eliminated, provided you are not behind or delinquent on your current court-ordered payments. Continue reading →

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 Horner v. Horner, No. COA19-632 (unpublished)

 

An alimony claim in North Carolina requires one spouse to be a dependent spouse and the other spouse to be a supporting spouse. A dependent spouse, as defined by statute, is a spouse who is “actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse” (N.C.G.S. § 50-16.1A). It is important to remember that in North Carolina a claim for alimony must be pending when a Judgment of Absolute Divorce is entered. If an alimony claim is not pending when a Judgment of Absolute Divorce is entered, the claimant is barred from bringing the claim in the future.

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Gyger v. Clement, ___ N.C. ___ (August 2020) (31PA19)

In North Carolina, foreign orders for child support can be registered in this state, allowing our courts to enforce the orders. It is extremely helpful to register a foreign order in the state if the party you are seeking relief from resides here. Sometimes, the plaintiff in these actions is not a state resident. Other times, they may not even be a US resident. Below, we examine a case about how testimony can be given when a witness to a child support action is in another country. Continue reading →

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Spicer v. Spicer, 607 S.E2d 678 (2005)

North Carolina child support cases are mostly handled by guidelines that set a presumption on what each parent can pay after considering income, some expenses, and percentage of physical custody. But the guidelines are not the final word in child support. Certain income levels move the case out of the guideline range. And in other cases, a parent may request a deviation from the guidelines. In those cases, the Court must consider four things: 1) what the presumptive award would be under the guideline; 2) what the reasonable needs for the children are and how much can each parent afford to pay; 3) whether the presumptive award would meet or exceed the reasonable needs of the child when considering the parent’s ability to pay; and 4) make findings of fact on whether the Court decides to deviate or not. Continue reading →

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Tuel v. Tuel, 840 S.E.2d 917 (2020).

After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Improvement to quality of life is only one of the factors that must be taken into account when making the determination. If custody litigation arises, then the Court must review any factor that has bearing on the best interests of the children. These can be complicated cases (as can be seen below), and the parent seeking custody needs to demonstrate that relocating the children to another state best serves the development and growth of the children. Continue reading →

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With the COVID-19 pandemic forcing more and more families together for extended periods and creating increases in stress in the family setting, it is no surprise that there has been a rise in domestic violence and tension between partners. Continue reading →

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The blame for divorce rates being higher than ever may lie with the coronavirus pandemic.  Many lawyers are reporting that the weeks leading up to the holidays have been hectic for them.  According to one report, courts have handled a much higher number of divorce filings than usual. Typically, the weeks before a holiday are quiet, as many couples do not wish to disturb family traditions, which generally include traveling and visits with extended family.  However, with traveling and large family gatherings strongly discouraged this year, couples are opting not to wait until the start of the new year to cut ties.

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Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

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On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020.  Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic.  With in-person court proceedings grinding to a halt, many divorced and separated parents are finding themselves in uncharted territory in terms of co-parenting.  As a result, many parents have taken matters into their own hands and are beginning to make day-by-day decisions regarding what is best for their children in these situations.

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