Valentine’s Day is fast approaching, and with it you simply can’t escape the messages of love that are everywhere. While many find this holiday to be fun and exciting, for those who are newly single, it can be hurtful and upsetting. Continue reading →
In this post, we will discuss Icenhour v. Icenhour and how the North Carolina Court of Appeals confirmed a critical principle for all North Carolina alimony modification cases.
We will explain why a change in income alone might not be sufficient to justify modifying the existing alimony amount, and that the party requesting the change bears the strict evidentiary burden to support their position if they want the court to rule in their favor.
In Gallagher-Masonis v. Masonis, 911 S.E.2d 125 (N.C. Ct. App. 2024), the North Carolina Court of Appeals addressed an important question in family law: When can a court review and modify a binding arbitration award involving property division, alimony, and child support? This decision highlights how the North Carolina Family Law Arbitration Act (NCFLAA) interacts with parties’ written agreements and clarifies the extent of judicial oversight in family law arbitration. Continue reading →
The holidays are a season of giving. We shop for our children, cook up incredible feasts to share with loved ones, decorate our homes to spread joy, and often make end-of-year contributions to our favorite charities. But in the hustle and bustle that comes with December, it’s easy to overlook some of the most vulnerable members of our North Carolina community: the animals in our local shelters. Continue reading →
Historically, the husband was considered to be the breadwinner of the household. Even when women began working outside the home, husbands typically earned more money. Since alimony is largely based on the income and earning capacity of spouses, the most common arrangement was for men to pay support to their ex-wives. Not only was this typical of the time, but some states also had alimony laws that only applied to men. Continue reading →
The income of each spouse is the most significant factor when calculating alimony obligations, but there are many factors that can complicate spousal support figures. Continue reading →
For unmarried parents, deciding which parent claims the child on their taxes is a common discussion point around the beginning of each year. Some divorce decrees or custody orders include stipulations for which parent can claim the child, but this is not always the case. If you do not have a court-ordered agreement, determining who qualifies for the earned income tax credit is crucial to ensure compliance with federal law. Continue reading →
After you file a divorce complaint in North Carolina, you must serve your spouse with the complaint and the summons. There are somewhat complex requirements for how a spouse must be served with these legal documents. You cannot hand the divorce complaint and summons to your spouse personally; with limited exceptions, you must use one of the following methods:
If mailing the complaint and summons, you may use the United States Postal Service, UPS, or FedEx. You must file proof of service with the court to show your spouse received the documents. Continue reading →
The end of a marriage can be devastating, no matter the circumstances, and it takes time to process the loss. Holidays like Valentine’s Day can be difficult, especially if it’s the first one after a divorce. It may be painful, but you can learn to navigate the different emotions you’re sure to feel. Here are a few ways you can shift your focus and view Valentine’s Day as a way to love and value yourself because you are truly worth loving. Continue reading →
There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the dismissal of your appeal. Two critical elements of North Carolina’s 30-day timeframe to file a civil appeal are when the clock starts counting down and what notification requirements exist. Continue reading →
North Carolina Divorce Lawyers Blog