Charlotte Divorce Lawyer Blog

Living Together Before Marriage Doesn’t Mean Divorce

Published on: March 12, 2010 | On behalf of Arnold & Smith, PLLC

As reported by the New York Daily News, living together before marriage doesn’t significantly raise likelihood of divorce. A new report from the National Center for Health Statistics, based on the National Survey of Family Growth, indicates that living together before marriage doesn’t necessarily increase the risk of divorce. However, those who get engaged or married before cohabitating are still slightly more likely to stay together.

Although traditional beliefs and past studies posit the importance of waiting to cohabitate, this new study indicates that approximately 55% of couples who cohabitate before marriage last for an entire decade of marriage. Conversely, 65% of couples who waited to cohabitate until they were engaged or married lasted for 10 years.

However, the authors of the study stress that its not cohabitation that is key – it’s the nature of the commitment. Couples who choose to cohabitate either premaritally or postmaritally are most likely to make it last when they enter into cohabitation with a clear vision for their committed future together.

In Child Abuse Matters, North Carolina Court of Appeals Considers the Responsible Individuals List

Published on: March 10, 2010 | On behalf of Arnold & Smith, PLLC

As reported by the Jacksonville Daily News (Judges Say Abuse List Challenge Not Good Enough), last week, the North Carolina Court of Appeals ruled unanimously that the state’s procedures in place for a person to challenge their addition to the “Responsible Individuals List” violates the state constitution by denying due process rights. In the future, those suspected by social services of child abuse must have the chance to defend themselves before they are placed on the list.

The Responsible Individuals List is kept by the North Carolina Department of Health and Human Services, which can provide information from the list to day care centers, adult care homes, or adoption agencies in order to evaluate whether a person is fit to be an adoptive parent or child card provider. The list is also designed to be a complement to other information, such as background checks, although it is not available to the public. Now, an individual under consideration for placement on the list must be given notice and an opportunity to be heard before being placed on the list.

The case at issue, In the Matter of: W.B.M, involved a man who was placed on the list after his county department of social services determined that sexual abuse allegations against him were verified. He challenged the constitutionality of the list after he discovered that he was placed on it. He has been on the list for three years, although he denies abusing his child and has never been charged with a crime. The case could potentially be appealed to the North Carolina Supreme Court.

Social Networking and Divorce in Charlotte, North Carolina

Published on: March 7, 2010 | On behalf of Arnold & Smith, PLLC

The recent rise in popularity of social networking websites has redefined the definition of privacy for many users. Unfortunately, as recently reported by Time Magazine in two different articles (Facebook and Divorce: Airing the Dirty Laundry and Five Facebook No-Nos for Divorcing Couples), social networking sites are also contributing to a rise in difficult and costly divorce litigation.

Sites such as Facebook and Twitter, which were originally intended to facilitate networking connections, are quickly becoming forums for publicly airing personal business. Divorcing couples who are in the midst of litigation should be exceedingly cautious regarding the type of information they post to their personal networking pages.

As discussed on law.com (Web Search Serve as Litigation Tool), in any lawsuit, the collection of information on an opposing party is highly important. Photographs, in particular, can have very serious consequences in divorce and child custody litigation. Attorneys on both sides of the litigation can use electronic discovery to yield helpful photographic evidence that may be admitted to reflect on the credibility or lifestyle of a party or witness.

Modification of Child Support Appeal Dismissed as Interlocutory by North Carolina Court of Appeals

Published on: February 28, 2010 | On behalf of Arnold & Smith, PLLC

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 related expenses incurred for the children. It would seem that the parties expended significant sums of money on golf which the trial court wished to consider in rendering its final Order.

The North Carolina Court of Appeals held that, because the Order modifying child custody did not fully dispose of the case, that the Order was interlocutory and not subject to appeal.

Lack of Financial Stability Contributes to Divorce

Published on: February 20, 2010 | On behalf of Arnold & Smith, PLLC

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 not surprisingly, according to reports by the National Marriage Project at University of Virginia, the negative effects of poor money management are one of the leading causes of divorce. Couples who do not manage their money well and contribute to savings together are more likely to accumulate marital and individual debt, which puts a great deal of stress on a marriage.

The National Marriage Project’s 2009 State of Our Unions report indicates that debt accumulation contributes to a sense of financial unease, which in turn increases a couple’s likelihood of fighting over both financial and non-financial matters.

Imputation of Income in Calculation of Child Support Considered by North Carolina Court of Appeals

Published on: February 16, 2010 | On behalf of Arnold & Smith, PLLC

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 is the income of both of the parents. So, what happens when one of the parents intentionally reduces their income? The trial court may impute income to that parent for purposes of calculating child support.

This issue was recently before the North Carolina Court of Appeals in the case of Thomas vs. Thomas. The trial court imputed $4,000.00 per month of income to the father based upon his actual income (earning $975 per month working part time) in relation to his expenses and the fact that he was living off of, and significantly depleting, his investments in order to maintain his standard of living. The trial court found that the father would be unable to support himself and the children if his investments continued to decrease and that the father acted willfully and in bad faith in refusing to seek “gainful employment” to make up for his investment losses. The Court of Appeals upheld the trial court’s imputation of income to the father as proper.

Self Support Reserve Addressed in Child Support Calculation by North Carolina Court of Appeals

Published on: February 14, 2010 | On behalf of Arnold & Smith, PLLC

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.” of the chart. Under the guidelines, absent a deviation, the lowest monthly child support obligation that a parent can have is $50 per month.

In the recently decided case of Allen vs. Allen, the North Carolina Court of Appeals addressed a number of issues. One of the issues addressed in this case was the proper application of the self support reserve. In this case, the mother was ordered by the trial court to contribute toward the children’s private school tuition.

Ultimately, the North Carolina Court of Appeals upheld the trial court’s ruling and held that, while the mother’s income did fall within the shaded area and child care and health insurance premiums are therefore not included in the calculation, the mother’s obligation for the children’s extraordinary expenses is unaffected by her low income.

Modification of Alimony Addressed by North Carolina Court of Appeals

Published on: February 10, 2010 | On behalf of Arnold & Smith, PLLC

On September 19, 2009 the North Carolina Court of Appeals issued an unpublished opinion in Underwood vs. Underwood. This case dealt with modification of alimony. A Consent Order was entered resolving the parties’ claims for alimony and equitable distribution. The Consent Order provided that the alimony payments would cease upon the death of either party or the remarriage of the wife. The Consent Order made no mention of termination of alimony payments upon cohabitation.

Seven years later the husband filed a motion to modify or terminate the alimony payments based upon the wife’s cohabitation, the husband’s decrease in income and the wife’s increase in income. The trial court allowed the modification and the wife appealed.

The wife’s position was that the Consent Order was not modifiable because the alimony provisions were integrated with the property division terms. The Court of Appeals agreed, noting that the test is not whether the payments are labled as “alimony” but rather whether the support payments and the property settlement provisions constitute reciprocal consideration for each other. The Consent Order at issue in this case contained language expressly integrating those terms. So, the Court ruled that the alimony provisions of the Consent Order were not modifiable and ruled in the wife’s favor.

International Adoption in the Wake of the Tragedy in Haiti

Published on: February 6, 2010 | On behalf of Arnold & Smith, PLLC

In the aftermath of the tragic earthquake that ravaged the nation of Haiti this month, many Americans are seeking information on how they can aid in the international adoption of many newly orphaned Haitian children. For more information on the adoption process in the wake of Haitian relief efforts, visit the US Department of State’s website.

Several hundred Haitian orphans have already been brought into the Unites States in conjunction with current relief efforts. At present, new adoption applications for Haitian orphans are not being processed. Because the Haitian government must identify and register children who were orphaned by the earthquake, more time is needed to make these determinations and subsequent identifications. Inter-country adoption cannot take place during the current emergency phase, as the Haitian government has legitimate concerns with protecting their children from illegal adoptions, abduction, and child-trafficking.

Several hundred US families who were already advancing in the adoption process before the earthquake are being allowed to complete their adoptions. Prior to the earthquake, the adoption process for Haitian children took over two years, but now it is unclear how long future adoptions will take.

Does Charlotte have a High Rate of Divorce Cases?

Published on: February 3, 2010 | On behalf of Arnold & Smith, PLLC

According to a recent report from divorce360.com, Americans who live in the South are much more likely to get divorced than residents of the Northeast. This study, conducted by the Barna Group, reports that 27% of people who were married in the South get divorced, as compared to 19% of those in the Northeast. The Midwest also boasts a comparable 27% divorce rate, closely followed by a 26% rate in the West.

Although the results of this study may seem atypical to those Southerners who generally consider themselves to be more traditionally conservative, the National Marriage Project at the University of Virginia has an explanation. People who live in one area and do not move or relocate are much more likely to stay married over people who move, such as residents of the Midwest, the West, and the South.

One wonders whether there might be other explanations, or at least other factors, involved in these elevated divorce rates other than migratory trends. Does it make a difference at what age couples are married? Perhaps employment status or work conditions are impacting the divorce rates. Similarly, maybe there is an economic element which correlates to the higher divorce rates which relates to the economic and financial strength of the area. Family history and demographic trends may also play roles in the equation.