Charlotte Divorce Lawyer Blog

Child Support Lawyers in Charlotte, North Carolina :: Unpaid Child Support Bills Add Up Into the Billions

Published on: November 27, 2012 | On behalf of Arnold & Smith, PLLC

According to the federal Office of Child Support Enforcement, $108 billion in back payments for child support was owed to custodial parents in 2009. The problem is huge nationally and incredibly important in terms of each individual family. If child support payments are not paid, it can result in seriously dire financial straits for the custodial parent, the vast majority of whom (82%) are mothers.

Another downside is that the unpaid bills end up getting picked up by the taxpayers. CNNMoney reports that taxpayers pay nearly half of that total because the children are forced to go on public assistance. Unfortunately, 41% of households headed by single women are below the poverty line, and without the child support payments the family can fall into terribly dire straits.

The Office of Child Support Enforcement’s statistics also reveal that the problem is not as widespread as many people may think. Instead, numbers show that 11% of the debtors owe 54% of the money. The problem is that so few people are causing society, and their families, a lot of pain. The money is crucial in poor families especially where those funds can be used to provide necessary things for children including eye and dental care, clothing and even food.

Child Custody Lawyers Monroe; Union County; North Carolina :: What Does a Guardian Ad Litem Do in a North Carolina Divorce?

Published on: November 22, 2012 | On behalf of Arnold & Smith, PLLC

Guardians ad litem are people that have been appointed by the court to represent “the best interests of the child” in court proceedings. In family court, guardians are appointed in contested custody and visitation cases, and cases where abuse or neglect has been alleged. Though guardians can be directly appointed by judges, in many contested custody and visitation cases the guardian is selected by the parties’ attorneys.

In these contentious custody cases the guardian is paid for by the parties. Though the guardian ad litem is typically an attorney, this is not always the case as anyone who meets the requirements can be a guardian in such cases.

The guardian’s role is a bit of a mixture of investigator and advocate. Some guardians will tend towards one side and not the other; it depends on the circumstances of the case and the temperament of the individual guardian. Some are zealous advocates for the children while others act as reporters, documenting behavior and recording interactions between parents and child.

The guardian who acts as an investigator will try to develop a strong factual understanding of the life of the parents and child. Guardians are empowered to interview the parents and the children, observing them on multiple occasions and even conducting surprise home visits. The guardian can then present the court with information that a judge would want to know when making a decision concerning custody and visitation. The guardian who behaves more like an advocate can have more of a viewpoint, deciding which situation is a better fit for the child and attempting to influence the court to support this view.

Even the most balanced guardians can invariably influence judges in their final reports. A guardian whose final report that says the children are doing fabulously well with the mother or that the father is an alcoholic carries a lot of weight with judges and can ultimately be determinative. Such reports let the court know what’s going on so that they can make a recommendation as to custody.

Equitable Distribution and Property Division Lawyers in Charlotte, Mecklenburg County, NC :: Divorces Frequently Deal With Debt More than Assets

Published on: November 20, 2012 | On behalf of Arnold & Smith, PLLC

Legal experts say there have been changes in the way couples end marriages in North Carolina and all over the country thanks to the prolonged economic downturn. Divorces before the recent recession tended to revolve around a division of marital assets. Following the economic downturn, couples began to spend more time dealing with splitting liabilities than their shared assets.

Debt has played an increasingly prominent role not only in the divorce process, but sadly, into the calculation concerning whether divorce is even financially feasible. Many couples facing hard times and mountains of debt have had to give a lot of thought to whether they can survive without the benefit of a second income. Underwater mortgages and employment trouble has meant that some couples must enter bankruptcy before they can begin to consider a divorce.

Jointly held debt does not simply evaporate after divorce, even if bills are reassigned in court to one party. Spouses remain on the hook for any joint obligations including shared credit cards, mortgages and tax debts. Though North Carolina’s equitable distribution laws strive to divide marital debts and assets fairly during divorce, these divisions are not necessarily equal.

Though there has been some good news in the form of American families working to reduce their levels of household debt, the recession caused quite a bit of financial pain. The Federal Reserve reported that the small drop in debt burdens for the average American family corresponded with a 38% decline in net worth. The Survey of Consumer Finances reported the average net worth among families in the U.S. fell from just over $126,000 in 2007 to below $78,000 by 2010.

Prenuptial Agreement Lawyers in Charlotte, Mecklenburg County, NC :: Bizarre Prenuptial Agreement Terms

Published on: November 1, 2012 | On behalf of Arnold & Smith, PLLC

When it comes to drafting a prenuptial agreement, outlining each partner’s expectations can be a healthy move to protecting your future and ensuring that your particular concerns are addressed. Heading into a marriage fully informed about each party’s assets and what will happen in the event that the marriage ends in divorce allows both parties to move forward with a complete understanding of what is expected of them. Though prenups are generally great things that serve a useful purpose, one recent article in the New York Post revealed some of the entertaining and downright bizarre demands that some people insert in their prenups.

One good example is an agreement that stipulated that there be no piano playing while the husband was in the home. Another said that the wife was not allowed to cut her hair. One New York City divorce attorney said that she’d worked on cases where the parties inserted language about living in a smoke-free household. Another of her clients insisted that a paragraph be added that said the parties agreed to go to the Rice Diet Program facility every year and another that banned TV from the house.

One agreement laid out a penalty system for personal infractions. For instance, if the husband behaved rudely toward his in-laws, a payment of $10,000 was required. In yet another case, one husband whose first wife was morbidly obese insisted that his second wife agree to terms that said if her weight ever exceeded 170 pounds, she would forfeit her $10,000 allowance. Given that what’s good for the goose is good for the gander, the wife had language added that said if the husband’s weight exceeded 240 pounds he would pay the wife an additional $10,000.

Child Custody Lawyers in Charlotte, Mecklenburg County, North Carolina :: Custody Fight Revolves Around Whether Woman is Mom or Merely Surrogate

Published on: October 30, 2012 | On behalf of Arnold & Smith, PLLC

As many people realize, whether you’re part of a traditional marriage, in a same-sex relationship or a single person who has always wanted a kid, there are now many more options than there used to be for raising children. One option that has been utilized by those who have had trouble conceiving is in vitro fertilization. However, a recent child custody and surrogacy case that’s grabbed national headlines might have some couples questioning the process and raise concerns for those that have used it in the past.

The case involves a 48-year-old single woman who wanted a child. She found a male friend who was also interested in having a kid and they concocted a plan that would allow them to have a child together, platonically. The male friend agreed to pay for in vitro using his sperm and a donor egg that the woman would then carry to term. Everything went smoothly and the woman gave birth to healthy twins over the summer. Almost the moment after she had given birth the problems started. Apparently the man had different intentions than those discussed with his friend. A social worker appeared in the hospital room to discuss the “surrogacy situation,” a phrase that shocked the woman who believed she was the children’s mother.

The woman says that her friend, whom she only then realized was gay, had evidently been planning to raise the children with his male partner, not the woman who had carried them. While the woman was still hospitalized recovering from the birth, her friend had filed a lawsuit claiming that because the woman had no genetic ties to the children she should be stripped of any custody or visitation rights.

Right now the woman is allowed to see her children only two hours a day, six days a week. However, the battle is not over. The woman feels like her children that she worked so hard to have were stolen from her and her custody fight continues.

Child Custody Lawyers in Charlotte, Mecklenburg County, NC :: Can your spouse prevent you from divorcing in North Carolina?

Published on: October 25, 2012 | On behalf of Arnold & Smith, PLLC

Thankfully, many divorcing couples are on the same page about wanting to get a divorce. The fights or problems communicating have been obvious to both parties for a while and the decision to divorce was a long time coming. However, there are times when the parties aren’t in such perfect agreement.

Sometimes one spouse wants the divorce and the other spouse does not, other times one spouse is caught by surprise, unaware that there were ever any issues. In these situations, the spouse who does not want the divorce may stall or refuse to do anything to keep the divorce moving toward a resolution. This can be extremely frustrating for the person seeking the divorce because it means more time and money spent on the process.

In all North Carolina divorces, the first step after filing the Complaint for Absolute Divorce is that the respondent must be formally served with a copy of the Complaint. In many amicable divorces, the person who files the Complaint (petitioner) can simply give their spouse (the respondent) a copy as an alternative to being personally served with the divorce papers by a sheriff or private process server.

If the respondent refuses to cooperate, however, he or she will have to be personally served. If the respondent goes out of their way to evade service, the petitioner will likely have to use a private process server, who will request additional information about the respondent’s schedule and whereabouts before tracking them down. This option is more expensive than having the sheriff do the service, but has a better chance of success.

If your spouse desperately does not want the divorce they may refuse to attend mediation sessions or a settlement conference. If that’s the case, the petitioner will have to request a final hearing to obtain a Final Decree of Divorce. As long as the respondent is properly notified of the hearing date, the court can grant the divorce, even if the respondent chooses not to attend.

Divorce Lawyers Concord, Cabarrus County, North Carolina :: How to Negotiate During a North Carolina Divorce

Published on: October 23, 2012 | On behalf of Arnold & Smith, PLLC

Without a doubt, one of the most difficult things to do during a divorce is to negotiate the terms and conditions that will govern your life: custody, marital property settlement, alimony, child support, visitation, etc.

Negotiations are something many couples likely have no experience with and it’s important to know that there is no right way to handle the process. Each negotiation depends on the peculiar quirks of the couple involved. They can take place face to face or through lawyers or mediators. They can be difficult and emotion or calm and rational.

One bit of advice that many experienced Concord North Carolina family law attorneys know is that negotiations move along much more smoothly when both spouses are at the same place emotionally. That means, when both the husband and wife each accept that the marriage is over and that moving on is the best option for everyone.

In cases where one party has been blindsided by the divorce, lots of anger can result. The surprised party can try to stall, unnecessarily dragging their feet in an attempt to get the other spouse to reconsider. Negotiating with such a spouse is usually pointless as unreasonable demands are often made and a fair settlement gets nowhere. It’s for this reason that many couples find it a good idea to wait for some period of time so that everyone has a chance to cool down and come to grips with reality before beginning a serious negotiation.

Divorce Lawyers Monroe, Union County, North Carolina :: The Importance of Discovery in a North Carolina Divorce

Published on: October 18, 2012 | On behalf of Arnold & Smith, PLLC

Many couples facing a divorce wonder why the time and expense associated with discovery is necessary. They figure that they know what the other spouse’s assets are; after all, you watched them buy the stuff in the first place. They think they understand the value of all the retirement and bank accounts because they’ve had conversations about them. Many people believe their spouse would not or could not hide any important information so why go through the trouble at all? The problem is, what you don’t know can hurt you in this instance, which is why the discovery process is so important.

Discovery is the legal process meant to extract information from the opposing party in a lawsuit. Gathering facts early on in litigation may actually help minimize costs in the long run by narrowing the issues that need to be addressed at trial or in settlement negotiations. Discovery involves numerous approaches, including: Interrogatories, Requests for Production of Documents, depositions (both written and oral), physical and mental examinations, Requests for Admission, and others. The most important and most commonly used discovery methods are Interrogatories, Requests for Production of Documents, and Requests for Admissions.

Interrogatories are questions posed to the opposing party. In North Carolina, a party may send up to 50 Interrogatories to the opposing party. The opposing party is required to answer the Interrogatories under oath which is meant to increase the likelihood that the information provided will be truthful. If the party who receives the interrogatories refuses to answer, the court is able to impose sanctions.

Requests for Production of Documents (RPDs) are exactly what they sound like. An attorney makes formal requests for documents in the other party’s possession. If the party refuses to release requested documents that can also lead to sanctions by the court. Unlike interrogatories, there is no limit to the number of requests that can be made.

Admissions are statements presented to the other party. The opposing party is asked to admit or deny the truth of certain matters. Admissions are very powerful and help attorneys narrow down the number of issues that are really in contention between the parties. Another important bit of information about Admissions are that if the other party does not answer a request in a timely manner, the request can be deemed admitted.

Divorce Lawyers Statesville, North Carolina :: The Trouble With Dual Citizenship in North Carolina Divorce

Published on: October 16, 2012 | On behalf of Arnold & Smith, PLLC

What could be worse than divorce? Perhaps the prospect of dueling divorces spread across the globe. Red tape, bureaucracy, money, cultural differences, travel are just some of the many problems faced by Americans facing a divorce in a second country.

While this may seem like a problem that affects only a small group, the fact is many may one day encounter such a predicament. If you’re a dual citizen, you or your spouse has been living abroad, you married a citizen of another country or your spouse fled the country with the kids, you too might have to go through the legal system of another country to obtain a divorce.

Given the increasing interconnectedness of the world, this is a problem that is affecting more and more people. Parental kidnappings make the headlines regularly and more and more parents are willing to fight to get the kids back in the U.S.

If you are facing a possible foreign divorce the first question to content with is where will it be easiest for you to get a divorce? Just because you or your spouse is American, that does not meant that you can file in the U.S., especially if you live abroad. The issue is not where you were born, but where you are currently living that determines which court has jurisdiction.

Though exceptions abound, a good rule of thumb is that divorce is easier to manage in the U.S. and Europe as laws tend to value fairness and equality between the parties. Laws in the Middle East and parts of Africa can be especially hard on women, making it almost impossible for mother’s to gain custody of the kids. Even this conversation about where you will divorce relies on the assumption that you and your spouse agree about where to file. If you don’t, the process becomes a race as whoever files first determines where the divorce will take place.

Child Custody Lawyers in Charlotte, North Carolina :: New HBO Documentary Allows Kids to Give Advice About Divorce

Published on: October 11, 2012 | On behalf of Arnold & Smith, PLLC

It’s pretty easy for one adult to share advice with another on how to handle your divorce. But for many parents, the divorce process is so full of concerns unique to their family that tips from well-meaning friends, family members and colleagues can easily go in one ear and out the other. A new documentary film aims to grab the attention of these parents by reminding them that kids have some good ideas, too.

One of the most stressful aspects of divorce is child custody. Deciding where your kids will live and when they’ll see their other parent greatly impacts them, but they are often not consulted in any of the decision-making. Parents can inadvertently make the divorce even more overwhelming by throwing a lot of changes their child’s way and expecting them to simply go along with everything, new living arrangements, rules, routines and all, without giving them any input in their future. According to the kids in the new documentary, that’s not fair. The HBO movie, “Don’t Divorce Me! Kids’ Rules for Parents on Divorce,” debuted last month and will be repeated several more times.

One girl in the movie says that parents should instead give their kids some time to process changes and then listen to what they say in response, no matter if those opinions conflict with your own plans. By working together you may be able to develop some new routines that work for everyone. One of the film’s participants described a system for making sure she has everything she needs for stays at her dad’s house.