While marital property is generally divided in equal amounts between the spouses by North Carolina courts, an unequal division is sometimes granted. There is a presumption in North Carolina that an equal distribution is equitable. If a judge finds otherwise, there must be specific findings of fact to support his or her division. The 12 statutory factors (§ 50-20) that influence whether or not...
In the equitable distribution process in North Carolina, four steps must be taken. First, the assets and debts must be identified. Second, the assets and debts must be classified as either separate, marital or divisible. Third, assets and debts must be valued. The fourth and final step is to fairly distribute the assets between the spouses. Property is classified as being either separate...
If there is a trust issue or acrimony with your ex-spouse, you may want to take immediate steps to protect your property from theft or concealment before distribution. You may be well advised to withdraw and secure at least half your bank or other cash assets to safe-guard your interests. You can also have your lawyer obtain a court injunction to prevent any wrong-doing by your ex-spouse...
If you and your ex-spouse have not worked out how your property will be divided in a separation agreement, the alternative option is to file a lawsuit and have your property divided by the Court. This process is known as the “Equitable Distribution of Marital Assets.” In a private separation agreement, you and your ex-spouse may divide your property however you wish. If you do not have a...
The paying parent may petition the court for a modification of his or her child support payment. For the court to grant a modification, you must prove that a substantial change in your circumstances – or the circumstances of your ex-spouse or child – must have occurred since your last support order became effective. There is a presumption that a support order over three years old is subject...
When the paying parent fails to make his or her child support payments, the ex-spouse can file a legal action to have them found in contempt of court. The North Carolina courts and Child Support Enforcement Agency take the matter of child support non-payment seriously. A judge will force the non-paying parent to pay the amount owed and may order penalties such as wage garnishment, tax refund...
After the amount of the child support payments has been determined and the payment dates and method of payment established, it is essential that the payments be made on time. For convenience, payments can be set up to coincide with the paying parent’s payday whether it is weekly, monthly or at other intervals. If the paying parent fails to make payments on time, he or she can be subjected to...
Child Support amounts are calculated using the statutory tables found in the North Carolina Child Support Guidelines. In some situations, the guidelines are not appropriate so support amounts are determined through an analysis of the needs of the child. The state guidelines apply to parents who have a combined annual gross income of $300,000 or less. If their combined annual income is more than...
Parents are required by North Carolina law to financially support their children. Their obligation does not end until their children are 18 years old or have graduated from high school, whichever occurs last. If a child is not mentally or physically able to support himself or herself, the parents may be required to continue with financial support. When a couple separates or divorces, each parent...
Grandparents have only limited rights to visitation or custody in North Carolina. Generally, grandparent’s time with their grandchildren is derivative of the time the children spend with their parents – in other words, the grandparents visit with their grandchildren only during the time the grandparents are visiting with their grandchildren’s parents. In regard to custody, grandparents are...
