Charlotte Divorce Lawyer Blog

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.

Charlotte Divorce Cases are Affected by Changing Gender Roles

Published on: January 30, 2010 | On behalf of Arnold & Smith, PLLC

As previously discussed here (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody , “Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do? and Men Marrying (and Divorcing) Wealthier Women?), American households are experiencing a gender role reversal with regard to levels of marital income.

This so called “rise of wives” has sparked a debate regarding whether financially successful women are a threat to traditional marriage roles. However, as recently reported by The New York Times, evidence shows that the shift within marriages has had a positive effect on marital stability and has contributed to lower divorce rates.

Statistics indicate that the more financial independence and education a woman attains, the more likely she is to stay married, as the end result is a marriage that is more balanced and equitable to both spouses.

Mecklenburg County Working to Take Over Child Support Enforcement

Published on: January 23, 2010 | On behalf of Arnold & Smith, PLLC

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 child support enforcement. The Charlotte Observer reports that Mecklenburg County is evaluating various options for taking over the responsibility for enforcement of its child support cases. Starting July 1, 2010 Mecklenburg County and 27 other counties must take over the enforcement of child support payments for the cases pending in their respective counties.

The issue comes up again for the County commissioners again on Wednesday. Thus far, the evaluations have focused primarily on whether to privatize the service. The lowest bid thus far from a private contractor was $600,000.00. The cost for implementing the program utilizing a consultant and county staff would cost approximatley $1.5 million dollars. Some appear to be in favor of hiring a private company to handle the child support enforcement for at least the first two years while others question whether a private company can be as effective as the current system.

Men Marrying (and Divorcing) Wealthier Women?

Published on: January 19, 2010 | On behalf of Arnold & Smith, PLLC

As reported by CNNMoney.com according to a recent study released by the Pew Research Center, the traditional financial roles in American homes are changing. This study of married households suggests that 22% of men were making less money than their wives in 2007.

Comparatively, only 4% of men made less money than their wives in 1970. The report largely attributes this dramatic shift in marital income to a similar shift in education patterns. More women than ever before are pursuing an education in order to work outside the home.

A recent New York Times’ article discussed this new role reversal and its effect on modern marriages and the selection of marriage partners.

Grappling with Bankruptcies in Divorce

Published on: January 17, 2010 | On behalf of Arnold & Smith, PLLC

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 trial. When real estate prices were up and properties could be liquidated easily,

it was often just a matter of deciding how much of the equity each spouse would receive. Times have changed.

Child Support Modification during this Recession

Published on: January 15, 2010 | On behalf of Arnold & Smith, PLLC

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 in the calculation is the income of each of the parents. Because the amount of support a non-custodial parent is required to pay is usually based on his or her income, a nationwide 10% unemployment rate has made it a near impossibility for many supporting parents to meet their children’s needs.

In North Carolina, child support orders are never final. Child custody and child support orders can always be modified in the case of a substantial change in circumstances affecting the wellbeing of the child – this can include changes in the paying parent’s financial situation. Often, existing child support orders can be modified when a substantial change in circumstances has occurred that renders the non-custodial parent unable to continue to pay the original amount owed. If a parent voluntarily modifies his or her earning capacity, such as in the case of taking a lower paying job, courts are sometimes hesitant to modify child support obligations. However, in the case of a parent who finds his or herself suddenly unemployed and are seeking new employment in good faith, child support obligations can often be modified.

Can GPS Monitoring help Protect North Carolina Domestic Violence Victims?

Published on: January 11, 2010 | On behalf of Arnold & Smith, PLLC

A recent New York Times article discussed a modern trend emerging to protect victims of domestic violence: electronic monitoring of convicted domestic abusers and stalkers.

Over a dozen states are now using Global Positioning System (GPS) technology to keep tabs on those accused of domestic violence. North Carolina has yet to introduce GPS monitoring technology, and according to the University of North Carolina at Chapel Hill School of Government, it also does not appear that the North Carolina legislature will introduce a bill of this nature in the upcoming year. Kentucky is the most recent state to introduce a bill this week that will introduce GPS monitoring as a way to prevent the accused from coming into future contact with their alleged victims.

Colorado’s Electronic Monitoring Resource Center, which gathers the GPS tracking data, reports that about 5,000 domestic abusers are currently being tracked nationwide.

View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Winter 2010

Published on: January 1, 2010 | On behalf of Arnold & Smith, PLLC

In this issue we take a look at “virtual visitation” – the ways in which technology is facilitating visitation despite great distances in child custody cases. We also address they ways in which asset valuation has become more difficult in equitable distribution cases during these economic times.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Winter 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER WINTER 2010

Charlotte, North Carolina Family Law Lawyers and Court Address Confidentiality Provisions

Published on: December 19, 2009 | On behalf of Arnold & Smith, PLLC

It stands to reason that separating and divorcing couples may not want every intimate detail of their marriage, separation and divorce to be a matter of public record.

They will sometimes incorporate confidentiality provisions into their Separation and Property Settlement Agreements. Unfortunately, this may or may not be something that a person involved in a contested issue can control and the Courts may not enforce such provisions. Mecklenburg County Family Court recently addressed this issue in the case of NASCAR chairman Brian France.

The Charlotte Observer and WCNC-TV sought to unseal the France court file. The file was previously sealed by another Mecklenburg County Family Court Judge. The news outlets argued that the file had been wrongly sealed.

“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?

Published on: December 11, 2009 | On behalf of Arnold & Smith, PLLC

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 in their child support payments.

The term “Deadbeat Dad” has been in common circulation for years, what about “Deadbeat Mom?”

While the label “Deadbeat” might be fun to throw around about the other parent, especially when a parent is in dire need of the past due child support and is angry, it is my view that most people want to do the right thing and want to take care of their children financially.