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September 2016 Archives

Child support and why it is ordered

Some people in North Carolina have the misguided notion that single parents receive too much in child support. Following a divorce or child custody dispute, the parents can either agree to a specific monthly amount or let the court decide for them. When a case is left to the courts, a judge will determine the amount of child support to order.

Property division in a North Carolina divorce

North Carolina law provides for the equitable distribution of marital property when a couple gets a divorce divorced. The court divides property into three categories for purposes of property division. Marital property includes real and personal property acquired by either or both spouses during the course of the marriage. Separate property includes real and personal property acquired by a spouse either before the marriage began or by gift, devise or descent during the marriage. Divisible property includes some passive income and other types of property that don't strictly fit the definitions of the other categories.

Video: FAQ: One Year Separation in North Carolina | Hardin Law Firm PLLC

Media accounts of celebrity divorces may give the impression that the process is as simple as filing a document with the court. In North Carolina, however, the no-fault divorce statute does not work that way.

A father's legitimization of a child in North Carolina

In North Carolina, an unmarried putative father will not have custodial rights to his child unless he establishes his paternity. Paternity may be established through a legal process called legitimation. After a man has established that he is the father of a child, he may then seek to enforce his legal rights.

What should be considered when making a parenting plan?

It's not a chess game, but all too often, a divorce turns into a series of strategic maneuvers, with each person trying to gain an advantage over the other. And if children are involved, they can become pawns in the game. Understandably, during a divorce, emotions are running high, feelings are hurt, and each parent is trying to protect his/her own interests. But checkmate - "winning" - should never be the ultimate goal. The best interests of your children should always come first.

Could shared parenting laws benefit North Carolina families?

By early September, numerous states had enacted laws designed to redefine the way their family courts made custody determinations. While these new rules vary by state, the majority seem to encourage some form of shared parenting wherein both parents take part in child-rearing responsibilities. Some laws prohibit judges from basing their custody rulings on factors like how old a child is or whether a parent's gender. Others shift their focus to promoting parenting time in general. Proponents believe that such arrangements might ultimately reduce the occurrence of children becoming estranged from one of their parents and help improve a child's welfare.

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