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Articles Tagged with Child support

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Devine v. Devine, (No. COA19-913) (unpublished)

Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses of the parties going through divorce. In the case below, we discuss how one court, which presumably lacked business experience, incorrectly calculated a party’s income. Continue reading →

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All too often in the divorce process, couples become so focused on dividing marital assets, locating funds, and getting back at the spouse that has wronged them that their focus on the most critical part of their marriage gets overlooked. Children, the one part of the couple’s marriage that should be the central focus, get lost. Most people have heard that children are resilient, they bounce back quickly, and they adapt to change well. While all of those can be true, nothing in the equation of divorce is the fault of a child, and parents should remember that children have feelings too. Continue reading →

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By S. Dean Michaux, JD

Parental alienation syndrome is a psychological disorder that arises when one parent, whether consciously or unconsciously, engages in conduct that creates a divide between a child and a parent. Psychology Today lists many side effects that children suffer as a result of parental alienation, such as low self-esteem, lack of trust, depression, and substance abuse. Parental alienation often occurs in contentious custody or divorce suits where one parent carries ongoing animosity toward the other parent. Parental alienation may also occur through the actions of stepparents or other family members. Continue reading →

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By: Y Michael Yin, JD

In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court.

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Seeliger v. Comm’r, T.C. Memo. 2017‑175, 2017 WL 4012872 (2017)

 

(a) Facts: A husband and wife divorced in 2006.  The decree permitted the husband to take the dependency exemption for the child in odd-numbered years provided that he paid all court-ordered support.

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Carolyn Woodruff, J.D., C.P.A, C.V.A.

Dear Carolyn:

My ex and I share the children fifty-fifty.  We have three children.  I make approximately $25,000 more than the other parent.  I pay child support even though I have them half the time.  Our child support order says nothing about who gets the dependency exemptions, and I get in a fight with my ex every year over the dependency exemptions.  Who should get the three dependency exemptions?

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Dear Carolyn,

It is tax time.  I am divorced and have two children.  I pay $2000 per month in child support, and my ex (the mother) doesn’t even work.  She will not give me the dependency exemptions for the children.  The judge didn’t give them to me either.  They live with her and I visit every other weekend and half the holidays.  I am paying for the children, so why can’t I have the tax benefit?

Perturbed

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Dear Carolyn,

Prom is coming up, and my daughter is a senior.  I want her to have a nice dress for prom, but her father will not help pay for the dress.  I receive $622 per month child support pursuant to a child support order, and our daughter lives mostly with me.  Can I make him pay for at least part of the prom dress?  What can I do?  These dresses are expensive.

Prom Dress Poor

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Jennifer A. Crissman, Attorney

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 →

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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 →