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June 2017 Archives

Children of divorce benefit from co-parenting

A divorced North Carolina father striving to gain custody of a child or visitation rights could promote the effort by emphasizing the importance of both parents in a child's life. Traditionally, family courts have given physical custody to mothers in the vast majority of cases according to data from the U.S. Census Bureau. Attitudes are shifting, however, as over 50 international studies have consistently shown that children have better lives when their parents share custody.

Rules for tax-deductible alimony payments

When North Carolina couples get a divorce, one person may be obligated to pay alimony. Usually, the recipient must pay taxes on the alimony while the payer can deduct it from taxes. However, there are several provisions that must be in place before this deduction will be allowed. The people must be in separate households, the payment must be one that does not continue after the death of the recipient and the agreement must not specify that the alimony is not deductible or taxable. In 2017, the U.S. Tax Court also found that if the amount claimed as alimony is not specifically mentioned in the legal divorce or separation agreement, it cannot be deducted.

Steps to getting custody of a brother or sister

A North Carolina resident who wishes to adopt a sibling in the event of the parents' death should talk to the parents about this wish. The parents may agree to name the person as the child's guardian in the will. In any other circumstances, a person might face a custody battle to become a sibling's guardian. If the parents die, other family members might want custody of the child as well. If the parents are alive, the court will be reluctant to take the child away from biological parents.

Determining child support outside of the courtroom

When North Carolina parents of minor children decide to end their marriage, the issue of child support will most likely need to be addressed. The state has statutory guidelines that courts will use when determining the amount of support that a noncustodial parent will be ordered to pay. However, parents can choose other methods to establish the amount.

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