Timing, as they say, is everything, and if you are appealing an Order in North Carolina, this is particularly true. Slaughter v. Slaughter, No. COA16-1153 was decided by the North Carolina Court of Appeals on July 18, 2017. While there were multiple issues on appeal, the issue that sticks out is the timing and issues allowed on cross-appeal. Continue reading →
“To Pay or Not to Pay” (New v. New)
At the heart of many family law related disputes lie arguably the most difficult decisions regarding the children and their futures. At times it may seem unlikely that individuals in the midst of a divorce will ever agree on anything; fortunately, ensuring that any children involved receive a quality education is usually a top priority for everyone. Setting aside differences for what is in the children’s best interest saves not only time but may also preserve important financial resources that may be reallocated to ensuring the children’s futures are preserved. Continue reading →
Child support – College issues and IRS questions
Dear Carolyn,
My daughter just graduated from high school, and she is college bound. Her father and I divorced three years ago. Her father paid child support, but I understand child support is ending now as she is already 18. I thought her father would surely pay (or at least help) with college, and he told me last night that he was not helping with college. What can I do? Our divorce agreement says NOTHING about college.
~ College Help Needed
Ask Carolyn: Guns, Children and Custody
Dear Carolyn,
Now that summer is almost over and school will be starting back, I am reflecting on the summer trip with my two children, who are 9 and 11. Their mother and I are divorced, and I am trying to make summer memories with them that will last a lifetime. This summer we ventured to the West Coast to see the sites. While in Flagstaff, Arizona, we saw advertisements for a place called “Bullets and Burgers” in Arizona. That reminded me of the headlines about a nine-year-old girl from New Jersey, who killed her Uzi instructor in a place like this. I am just curious if this could happen in North Carolina. What are the North Carolina laws on this? Do we have places like “Bullets and Burgers” in North Carolina? My ex is dating a guy who owns a lot of guns. Could he take my children to such a place?
~ Curious and Concerned Continue reading →
Visitation Troublemakers
Dear Carolyn,
Visitation exchanges are almost always awful for my eight-year-old when the exchange is not at school. I am a Father with fifty-percent custody. I have Mondays and Tuesdays overnight. My ex has Wednesdays and Thursdays overnight. We alternate weekends. Continue reading →
Letting the Child decide is more complicated than you may think
Dear Carolyn,
I am in a custody battle with my ex-husband. My nine-year-old wants to live with me. Can my nine-year-old simply tell the judge this, and then we are done with this mess? I have heard a child can talk to the judge in “chambers,” but I am not sure what this means. Continue reading →
Owning a Business can be tricky in a divorce
Dear Carolyn,
I am involved in an equitable distribution case and I have a closely-held business in the Triad, which was started by my father. He still owns the majority of the business. Eight years ago, my father gave me twenty-five percent of the business. I separated from my husband eight months ago. What can I expect in my divorce case related to my closely held business? How do we go about getting a appraiser to appraise the business? Can he get any of my stock in the family business?
Funeral Expenses from the Estate
Dear Carolyn,
My wife and I have been married almost two years. Recently, and unfortunately, her grandmother passed away. Her grandmother had no immediate means to pay for funeral and burial services. The costs were paid by my wife and me on our credit card. The family has considerable land assets in Guilford County, but it is in her grandmother’s and multiple siblings’ name. My wife will inherit a portion of her grandmother’s land (split with my wife’s uncle). No one in the family has the means to buy us out, and, as is often the case, there is no reachable agreement by the family to divide the land. Is there any way to sell off some or all of what my wife is entitled to help reimburse us for the costs of the funeral and burial services? Continue reading →
Custody Evaluations Explained
Dear Carolyn,
The court has just ordered me to participate in a child custody evaluation with a local psychologist. My children are seven and thirteen. I am a concerned Father, and the Mother has a new boyfriend that is “no good”. This new boyfriend is terrible around my children, and he is even spending the night with the Mother while the children are there. I disapprove of this. I also think the boyfriend is drinking and driving with the children in the vehicle.
What is a child custody evaluation? Continue reading →
In the Dark on Taxes?
Dear Carolyn,
I think my husband and I may be getting separated and divorced, and I am concerned about our 2016 tax return, which has not been filed yet. The tax return is under an extension. My husband has a small business in Greensboro, and I have no idea if he reports all of the income in the business. I have heard that I can be responsible if I sign the return. He never gives me a copy. Do you have any thoughts on this issue? Do I have to worry?
~ Worried and in the Dark Continue reading →