Charlotte Divorce Lawyer Blog

Mecklenburg County Scrambling for Planned Child Support Enforcement Takeover

Published on: November 29, 2009 | On behalf of Arnold & Smith, PLLC

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 enforcement has always been a function of the state; however, North Carolina counties must assume responsibilities for collecting payments beginning July 1, 2010. The state will save approximately $4 million annually by cutting the enforcement program, which now serves 28 of 100 counties in North Carolina.

The North Carolina Congress established the Child Support Enforcement program in 1975 in order to ensure that parents are taking responsibility for the financial support of their children.

Child Support Enforcement agents work to locate non-custodial parents, establish paternity if necessary, and petition the court to order the payment of child support. Until now, the enforcement of a court order for child support has been the responsibility of the state. Under the new law, NC counties must present a plan to assume that job by January 1, 2010 – a deadline that is quickly approaching for some financially-strapped counties. Preliminary planning indicates that some NC counties plan to place the program under their local Department of Social Services’ umbrella.

For Charlotte Women, Cancer can mean Separation, Divorce and Lawyers

Published on: November 27, 2009 | On behalf of Arnold & Smith, PLLC

Any married couple who has been faced with a life-threatening illness knows that the stress resulting from the diagnosis and subsequent treatment puts the couple at great risk for marital discord. However, a recent study demonstrates that marriages are six times more likely to end in divorce when the spouse affected is the wife.

This study, conducted by researchers specializing in oncology, indicates that female gender is a very strong predictor of partner abandonment in patients who face serious medical diagnoses. Those conducting the study on cancer patients found that about 12% of the patients in the study inevitably separated or divorced. However, with regard to the gender of the patient, the study indicated that 21% of women faced divorce after the diagnosis, as compared to only 3% of men.

Perhaps most unnervingly, the study also demonstrated that when these marriages end in divorce or separation, the patient’s quality of care and quality of life were negatively impacted. Specifically, patients who no longer have spousal support are much more likely to end therapy or become disinterested in trying new cancer treatments.

In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody

Published on: November 23, 2009 | On behalf of Arnold & Smith, PLLC

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 in the custody of his or her mother, who is presumed to be the most fit parent to raise such an impressionable young child. Since 1994, there are no longer any states in the nation who recognize the tender years presumption; however, most states have replaced this standard with the primary caretaker presumption. The primary caretaker presumption relies on the assumption that whichever parent has been the primary caretaker before the divorce should be awarded custody of the child. This standard is presumed to be in accordance with the child’s best interest, as a custody award to a non-caretaker could be disruptive for the child. Child custody presumptions are favored by states as a preliminary method of informing parties about the likely outcome of the case, as the presumptions are only applied by the court when the custody battle is between two equally fit parents.

Seemingly, the primary caretaker standard feeds into the common misbelief that women are always awarded custody of their child over their deserving husbands’ protests. However, according to a recent study published in Working Mother Magazine, the custodial trend is shifting. In this difficult economy, men are experiencing a higher rate of layoffs – and subsequently, an increase in time spent as the primary child caregiver. Perhaps surprisingly, this study showed that fathers are awarded custody in court at least 50% of the time, a statistic that has doubled over the past decade. Although these statistics are certainly indicative of a much-needed increase in equality in custody determinations, the equally as fit parent who is not awarded custody of his or her child may wonder if the benefit of being the primary breadwinner outweighs the potential risk of losing primary custody.

Whether it comes as the result of shifting social views regarding equal parenting, or as the direct effect of an ill economy, we can certainly expect to see a continual increase in the number of men who are awarded primary or joint custody of their children.

View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Fall 2009

Published on: November 20, 2009 | On behalf of Arnold & Smith, PLLC

In this issue we address how Facebook or Twitter can impact a divorce case. We also discuss developments relating to whether divorcing spouses can access the other’s Yahoo or Hotmail email accounts. We also consider whether and to what extent separating and divorcing couples can agree to keep things confidential.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Fall 2009:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER FALL 2009