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Post-Separation support is temporary in nature, while alimony is typically longer in duration. Either party may move for post-separation support in North Carolina.
The court can consider:. Finally, the court may make an award of post-separation support if the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay. Alimony can be awarded in cases where a court in North Carolina finds that the moving party has met the burden of proof.
Alimony can be awarded for several years and possibly permanently.
That Alimony can be awarded upon a finding a that a party is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors. The relevant factors include, but are not limited to:. If the court finds that the dependent spouse participated in an act of illicit sexual behavior, during the marriage and prior to or on the date of separation, the court shall not award alimony.
If the court finds that the supporting spouse participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse.
Spouse may request a jury trial on the issue of marital misconduct.
Family Law is an area of law that focuses on family disputes and obligations. This includes issues such as child custody, child support, divorce, property division, spousal support, domestic violence, and adoption. This field of law is one of the most contentious and difficult areas of law to navigate, and it is important that you seek someone who is skilled and knowledgeable in this type of practice. Often times, the parties are able to resolve custody issues by agreement or in mediation. However, if a custody case goes to court, the judge will focus on what is in the best interests of the child in determining with whom your child will reside.
This forces the court to direct its attention primarily to you and your spouse, examining your conduct in the past and in present to determine how you will parent your child in the future. Any parent, relative, or other person, agency, organization, or institution claiming custody of a minor child may bring an action in court.
Filing a complaint, counterclaim, or motion in the cause in a prior pending action are the usual methods for putting custody before the court. Neither party to the divorce is required to claim their partner is at fault for the breakdown of marriage.
Can a parent refuse to allow visitation if child support is not paid?
Accordingly, the only requirement to receive a divorce in North Carolina is that you have been a resident of the state for at least six months preceding the filing of your Complaint, and that you have been separated from your spouse for at least 12 months. Separation occurs when one party leaves the marital residence. However, divorce is often accompanied by other issues including, but not limited to: child custody, child support, property division, and spousal support. For various reasons, parents often have to relocate.
As a result, custody disputes often occur and have to be resolved. Child relocation is a complex endeavor, and it is important to have a skilled advocate to assist you in this type of action. Property division in the state of North Carolina is referred to as equitable distribution.
At any time after the parties separate, either party may file an action for equitable distribution. A final equitable distribution judgment may be rendered either before or after the parties are divorced, at the discretion of a judge. If the judgment is being entered by consent, the parties themselves can stipulate to do so prior to the divorce.
There are many factors the courts consider during an equitable distribution matter. In North Carolina Property is classified as marital, separate or divisible.
Before any equitable distribution case goes to mediation or to Court, it will be necessary to identify and ascertain the values of all real and personal property, as well as debts acquired by the parties during the marriage. Further, it is important to consider the tax consequences to either party based upon the distribution of many assets. For most parties, child support is calculated pursuant to the North Carolin Support Guidelines.
In some cases, a party can seek to deviate from the guidelines. Further, if you are a business owner or an independent contractor, it is important to determine your accurate amount of gross income. In addition, child Support can be awarded retroactively, depending on certain circumstances. Permanent Orders for Child Custody can be modified.
The moving party must be able to show the court that it is in the best interest of the minor child or children to change the current custody arrangement. Similarly, a party seeking to modify a prior child support order must also show the Court that a substantial change in circumstances has occurred since the entry of the prior order such as a ificant change in the income of one or both the parties or a change in the needs of the child.
If both parents share custody does anyone pay child support?
Often times, these motions go hand in hand, as any change in custody would likely lead to the need to change a prior order on child support. Post Separation Support is temporary support awarded after the parties separate and paid by the supporting spouse to the dependent spouse. Unlike Alimony, post separation support is not fault-based and is only based upon the financial needs of the parties.
Alimony is a separate claim from post separation support and must be filed before your divorce is final. Unless otherwise resolved in mediation or by consent, the Court will determine how much alimony, if any, a party is entitled to after consideration of multiple factors. This is where fault comes in, and marital misconduct committed by either party is one of sixteen factors considered by the Court in an alimony case. It is important to hire a family law attorney with expertise in this area, whether you are making this claim or defending yourself against one.
Domestic Violence Protect Orders are commonly known as restraining orders. In North Carolina, you can file for a Domestic Violence Protective Order against a family member, a spouse or domestic partner, a current or former household member or a person you are dating or have dated. A judge can issue an ex parte temporary order that will go into immediate effect without the respondent having a chance to present evidence or testimony. This order usually lasts about 10 days, but will not go into effect until the respondent is served with a notification. A permanent domestic violence order requires a full court hearing where both you and the respondent have the chance to present evidence and testimony.
The person having the affair with your spouse does not have to know that your spouse is married to be found liable for criminal conversation.
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Alienation of Alienation is a tort lawsuit, involving a complaint brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. When a family law dispute clouds your future, you cannot afford anything less than strong and effective representation. At Johnson Law, we help people work to overcome family law problems. At Johnson Law, all we handle are family law cases.
Having an experienced family law attorney by your side to guide you through the complex legal system can ificantly reduce the tension and confusion. We will listen to your story and ask questions in order to learn about your ultimate goals.
Only by understanding where you would like to end up can we develop a legal strategy to help you get there.
The Law Office of Christopher Johnson is familiar and skilled in pursuing actions for modification of support and child custody. The court can consider: 1. Financial needs of the parties; 2.
Accustomed standard of living; 3. Employment income and recurring earnings; 4. Separate and martial debt service obligations; 5.
Divorce & child support modifications
Expenses reasonable necessary to support each of the parties; and, 6. Areas of Practice. Family Law Family Law is an area of law that focuses on family disputes and obligations. Child Custody and Visitation Often times, the parties are able to resolve custody issues by agreement or in mediation. Child Relocation For various reasons, parents often have to relocate. Marital Property Division Property division in the state of North Carolina is referred to as equitable distribution.
There were many complex challenges in my case and he was able to handle them. I would highly recommend this law office to any prospective client.
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Chris represented me in custody action. He and his staff worked hard for me and my children. He was well prepared and took no prisoners in court. I was thrilled with the outcome.
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