On October 20, 2009 the North Carolina Court of Appeals dismissed a father’s appeal of an Order modifying child support because it was interlocutory. The trial court entered its Order modifying child support which required the parties to submit (within 20 days) to the court an affidavit detailing the golf…
Articles Posted in Child Support
Lack of Financial Stability Contributes to Divorce
According to an article entitled Five Ways to Save Your Marriage published last week by CNBC, positive financial behavior contributes greatly to the long-term stability of marital relationships. Certainly, this does not come as a surprise to married couples in Charlotte working through these tough economic times. Conversely, and also…
Imputation of Income in Calculation of Child Support Considered by North Carolina Court of Appeals
The majority of child support cases in Charlotte are determined using the North Carolina child support guidelines. This is essentially a formula which takes into account a number of basic factors in determining the appropriate amount of child support. One of the most important variables in the child support formula…
Self Support Reserve Addressed in Child Support Calculation by North Carolina Court of Appeals
The North Carolina Child Support Guidelines provide for a self support reserve. Meaning that, for parents who have an income below a certain threshhold, the formula works differently. On the chart of incomes in the child support guidelines, those with incomes below that threshhold will fall into the “shaded area.”…
Mecklenburg County Working to Take Over Child Support Enforcement
As we have discussed here previously (Mecklenburg County Child Support Cases Affected? Some North Carolina Counties Scrambling for Planned Child Support Enforcement Takeover), North Carolina will no longer bear the responsibility for enforcing child support obligations. Mecklenburg County is one of the counties which currently relies on the state for…
Grappling with Bankruptcies in Divorce
According to the Charlotte Observer and the Associated Press, bankruptcy filings in 2009 numbered 1.4 million and are up 32% nationwide. These tough economic times cannot help but make divorce cases, which can be very difficult when times are good, all the more difficult to manage, settle and take to…
Child Support Modification during this Recession
Although families are certainly feeling the impact of a recent downward turn in the economy, nationwide trends indicate that those parents who are paying child support are being hit the hardest. In most cases in North Carolina, child support is calculated using a formula. One of the most important variables…
“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?
As we have discussed here before (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody), more working mothers are losing custody of their children. With these bad economic times, it is reasonable to anticipate that more and more people, moms and dads alike, are falling behind…
Mecklenburg County Scrambling for Planned Child Support Enforcement Takeover
Recently, North Carolina’s Department of Health and Human Services’ Division of Social Services announced that the state will no longer be responsible for collecting child support payments from delinquent parties. In most North Carolina cases, child support is calculated according to the Child Support Guidelines. In the past, child support…
In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody
A very common misconception regarding child custody stems from a real legal doctrine that was recognized by courts in the not-so-distant past: the tender years presumption. Under this judicial doctrine, a child of a “tender age” – typically, seven years old or younger – is presumed to need to stay…