Articles Tagged with Child Support

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

If your former spouse stops paying court ordered child support it can create a lot of problems. You may depend on that money to pay bills and suddenly having that stream of money disappear can leave you scrambling. Thankfully, you have ways to extract the money owed from your spouse. There are many ways of doing this, but a common one is to pursue a wage garnishment. To find out more about how wage garnishment works in North Carolina, keep reading.

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”

Last week, celebrity chef and restaurateur Giada De Laurentiis finalized her divorce from ex-husband Todd Thompson, and the divorce is going to be costly for De Laurentiis.  The pair, who separated last year after 11 years of marriage, will share custody of their seven-year-old daughter, Jade Marie.  De Laurentiis initially posted news of the divorce on her website in December, writing that their “focus on the future and overwhelming desire for [the] family’s happiness” gave them the strength to “move forward on separate, yet always connected paths.”

Board Certified Family Law Specialist Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

A Duke University researcher who set out to test whether the adage that unmarried parents are most receptive to the idea of getting married in the “magic moment” right after a child’s birth was true found out the post-birth magic lasts longer than a moment.

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

The State of Massachusetts is considering a change to its custody laws that would end “an imbalance in the courts that favors mothers over fathers,” according to the Salem News.

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”

 

Remorse is, perhaps, the most difficult of human emotions. Anyone who has passed through the crucible of divorce may know what it means to contend with remorse, or to contend with “what could have been.”

Old couple Charlotte Divorce Lawyer North Carolina Family Law AttorneySadly, many divorces leave a trail of broken hearts. These include the hearts of children, who are often unwitting, innocent victims of a broken marriage.

Adult children of divorced or divorcing parents are not immune to these feelings. To an adult child whose parents have been married for decades, the concept of divorce—at least applied to one’s own parents—may seem foreign. What’s more, because adult children tend to move away from their parents’ home, they may miss signs of marital trouble displayed behind closed doors.

Ellen Huerta, who writes about romantic breakups on her website Mend, recalls that since her parents’ marriage had survived her own childhood and young adulthood, she just assumed it would last forever—or until death did them part.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does a “No-Fault’ divorce mean in NC?”

 

About one-half of American marriages end in divorce.

Department of commerce Charlotte Divorce Lawyer North Carolina Child custody AttorneyMarriage counselors have been preaching that prevailing wisdom to couples for decades. People who have been through a messy divorce may point to the statistic with a disillusioned “I told you so” attitude. Divorce attorneys and other professionals who often deal with the most contentious divorces may feel even more disillusionment.

Researchers, however, can put their feelings aside and study the raw data. As consumers, as human beings and as professionals working in family law matters, we rely on the data and upon the work of researchers studying the data for a portrait of what marriage and divorce look like in the United States.

For a variety of reasons, our ability to rely on accurate data may be disappearing.

For years, researchers in the family-law field have relied on statistics compiled by the United States Government in its American Community Survey. It is the ground zero, so to speak, for researchers interested in marriage and divorce trends across different age groups, ethnicities and cultures within the United States.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

 

The Huffington Post has identified what it describes as “a narrow group of smart, rational and reasonable individuals” who will join the flood of people all over the country starting the New Year by ending their marital relationships. It is, after all, the busiest time of year for divorce lawyers; however, these “smart, rational and reasonable” individuals will not be joining the flood of phone calls to divorce lawyers’ offices.

Document Review Charlotte Family Law Attorney North Carolina Divorce LawyerDiane L. Danois, J.D., says smart people don’t need divorce lawyers. First, she argues, much of family law is form-based, and most of the forms are available online at no cost. Even samples of Separation Agreements, Property Agreements and Custody Agreements can be found online and tailored—by “smart, rational and reasonable” individuals—to fit an individual couple’s needs.

As for property division, Danois says, financial affidavits guide couples through the steps of disclosing and labeling assets and liabilities. Smart people can figure out what martial property is, presumably. The assumption Ms. Danois appears to make, however, is that parties to marital relationships all have sharing, cooperative attitudes. Many people end up in my office, however, because of their spouses’ uncooperative and—at times—abusive and controlling attitudes. They need advocates to stand up for them because they feel intimidated by a spouse and by the legal system.

Of course, uncooperative, controlling, manipulative spouses would likely not fit under Ms. Danois’ definition of “smart, rational and reasonable” individuals, so perhaps the couples in need of divorce lawyers—by asserting the opposite of the premise—are those which feature at least one spouse who is uncooperative, or not “smart.”

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

 

Holidays are all about tradition, and as Heather Gray writes for Yahoo Parenting, divorced dads can get the feeling over the holidays that “traditions don’t really exist” for them anymore.

Dad with children Charlotte Family Law Attorney North Carolina Divorce LawyerIf what a divorced dad has in mind for a happy, fulfilling holiday doesn’t square up with reality, the first step towards making a happy holiday a reality is becoming clear about exactly what a divorced dad wants. One may not—due to opposition from an ex-wife, due to legal agreements or other circumstances—be able to get everything one wants, but it is important to begin with a clear picture of what one believes happiness must include.

The worst that can happen is an ex will say no. The ex has Christmas with the kids. It’s in the custody order, that’s it.

But that’s not it, and if relations are generally amicable between a divorced dad and his ex, perhaps there is room for compromise. Maybe there is something a divorced dad can offer in return for holiday time with children. Perhaps on an upcoming weekend the children can remain with their mother instead of spending the weekend with their father, as is their custom.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

 

An organization of 6,500 divorce lawyers, mediators and therapists in England has released the results of a survey showing the effects of divorce on children, and the results have staggered even industry insiders who have long bemoaned the negative effects family separations have on young members.

Crying Child Charlotte Mecklenburg Divorce Lawyer North Carolina Child Custody AttorneyThe group’s director, Jo Edwards, told Yahoo Parenting that children suffer most when parents engage in angry fighting in front of them. Edwards said the effects of confrontations can be seen almost immediately, with poor test scores, the onset of eating disorders, and behavioral problems. In the long term, divorces can affect students’ performance on standardized tests, can cause children to experiment with drugs, and can affect the ability of children to develop healthy, rewarding relationships and friendships.

Edwards said that the key for parents who are going through a divorce is to not engage in conflict in the presence of children. Almost a third of children surveyed confirmed that one parent tried to turn the child against the other parent, in order to gain a leg up in the divorce proceedings. A quarter of children respondents told surveyors that one or both of their parents had tried to involve them in their marital disputes. Another quarter of respondents did not even know one or both of their parents had new romantic partners until they found out on social media.

The United Kingdom-based organization that conducted the survey—named Resolution—styles itself as promoting non-confrontational divorces and other family conflicts. The non-confrontational approach, the group believes, is a key to ensuring a divorce does not leave children with long-lasting scars.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

 

Experts have been studying—and lamenting—the effects of divorce on children for decades.

Sad Child Charlotte Mecklenburg Divorce Attorney North Carolina Family Law LawyerNow a Los Angeles-based psychologist is warning parents—particularly those whose children are experiencing or have recently experienced a traumatic event such as a parental divorce—to keep a sharp eye out for behavioral changes in children that may warrant enrollment in therapy.

Psychologist Jeanette Raymond told Yahoo that children are not always keen to share their emotions with their parents, particularly when their parents may be seen as the cause of upset emotions.

Parents, on the other hand, seem to be just as keen on discerning their children’s emotional condition. The bottom line from Ms. Raymond is “Your gut instinct about your child is usually right.” If you suspect your child is not taking a divorce or parental split well, you may need to consider therapeutic treatment for your child.

Not every child is the same, and the circumstances that inform each child’s emotional well-being vary dramatically depending on a child’s age and surroundings, however Raymond identified a number of warning signs for parents to watch out for when going through a divorce.

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