The Probate Process for Small Estates in North Carolina

North Carolina’s small estate laws provide for a simplified procedure of obtaining property for heirs when the total value of the estate is below a certain threshold. Heirs will not have to go before a judge in these cases, and they can get the property they are entitled to just by filing out an affidavit. (more…)

Which Parent is Responsible for a Child’s Medical Expenses After a Divorce?

A child’s medical expenses are an important item that should be included in all discussions of child support. As with other aspects of a divorce, it is preferable for the parties to come to a mutual agreement on the issue of the child’s medical expenses. If the parties can’t agree, a judge can order either (more…)

When to Use Wage Garnishment to Enforce a Child Support Order

Non-custodial parents are often required to pay child support in North Carolina. When these payments aren’t made, the custodial parent has the option of getting a court order for a wage garnishment from the custodial parent to enforce the child support obligation. However, many cases now require the use of automatic income withholding orders in (more…)

How Marital Reconciliation Can Affect Your Divorce

Sometimes spouses decide to separate, only to later move back in together and continue their marriage. This is known as marital reconciliation or resumption of marriage. While it may result in a happy ending if the resumption of marriage is successful, it’s important to understand the legal significance of a marital reconciliation, especially if you (more…)

Why You Should Get a Separation Agreement

North Carolina law requires married couples to live separate and apart for one year before they can file for divorce. While you cannot file for a divorce until this time period has elapsed, there are many issues you can resolve while separated using a separation agreement. A separation agreement can make the divorce process much (more…)

Changed Circumstances Could Require a Child Support Modification

Once you’ve been ordered to pay child support, that obligation generally continues every month until the child turns 18 or graduates from high school. However, sometimes your financial circumstances might suddenly change, making it difficult to support yourself and meet your child support obligations. Maybe you lost your job or were involved in an accident (more…)

How is Child Support Calculated in North and South Carolina?

Both North and South Carolina have general child support guidelines that are used to calculate how much child support a non-custodial parent must pay. These guidelines are generally followed unless there are special circumstances that warrant a deviation from the guidelines. These factors are the most important considerations when calculating child support payments: child custody (more…)

How Imputed Income Affects Child Support Payments in North Carolina

North Carolina has legal guidelines used to calculate a parent’s child support payments. These guidelines create a rebuttable presumption of the amount of a child support a parent must pay. A court will only deviate from these guidelines upon a showing that the child’s needs are not being met or a parent’s ability to pay (more…)

How Marital Misconduct Impacts Your Divorce

It seems natural that if one spouse has committed bad acts that caused a marriage to fail, they should not be rewarded for that behavior with alimony payments. In North Carolina, marital misconduct is an important factor in determining an alimony award, and it can cause a complete denial of alimony in some cases, depending (more…)

What Property Can You Protect from Distribution During a Divorce?

North Carolina law provides for an equitable division of marital property. § 50-20. During a divorce, the court will attempt to divide certain property fairly between your and your former spouse. However, some of your property will be protected from distribution. You will also avoid a judge’s decision regarding property distribution entirely by coming to (more…)