Is Visitation Related to Child Support Payments?

The number of overnight visits you have with your child is one factor that can influence how much you pay in child support. However, there are many other factors that affect this amount. Factors Involved in Child Support Calculation North Carolina law considers several factors when calculating child support payments, including the following: The relative (more…)

How North Carolina Courts Decide Child Custody Cases

Trial judges have significant discretion to make decisions in child custody cases. There are some general guidelines that must be followed, but the judge has a lot of power and control of the entire process. Because a judge controls a child custody case, some parents avoid court altogether and come to a mutual agreement on (more…)

Explaining Joint vs. Sole Child Custody

The terms “joint custody” and “sole custody” can have different meanings in different contexts. There is no specific legal definition of either joint or sole custody. If you have a custody agreement or a child custody order from a court, you have to follow the terms of the agreement or order. For example, if one (more…)

How to Modify a Child Custody Order

A child custody order is a binding court judgment that is enforceable by the court’s contempt powers. If you want to modify your existing child custody order, you must request the modification and get court approval before making any changes to your custody arrangement. If you violate the custody order—even if you think you have (more…)

Do Kids Get to Choose Which Parent They Live With?

A child generally does not have the ability to choose which parent they get to live with in North Carolina. In some cases, the child may provide testimony that a judge can consider when making a custody decision, but the judge does not have to abide by the child’s wishes. Ultimately, the child’s parents, their (more…)

How to Negotiate a Custody Agreement

A custody agreement is a contract between you and your child’s other parent that spells out how you will share custody of your child. These contracts can be stand-alone documents or part of a separation agreement. Once both parties have agreed to a custody agreement, it can be submitted to the court for approval. There (more…)

Do You Need a Premarital Agreement?

While any soon-to-be-married couple could benefit from a premarital agreement, some couples need one more than others. These agreements allocate each spouses’ rights and obligations regarding property and other financial issues, both during the marriage and in the event of a divorce. One of the major benefits of a premarital agreement is peace of mind. (more…)

What to Include in Premarital Agreement

Premarital agreements—also called prenuptial agreements or “prenups”—can allow spouses to share important financial information and plan for their future. While prenups are often used to address the terms of a future divorce, they can also serve other purposes. Financial Matters Covered By Premarital Agreements Premarital agreements are primarily used to address the impact of a (more…)

Tips for Handling a Divorce with Kids

As difficult as divorce is for parents, it can be even harder on their children. Kids suddenly have to deal with new living situations and uncertainty about their future. Divorce will be a difficult time for children, but parents can take some steps to make the transition easier. As your going through a divorce, remember (more…)

What to Do if Your Ex Isn’t Complying with a Court Order

Court orders have a special enforcement action that doesn’t exist for regular contracts—they can be enforced by the court’s contempt powers. If your ex is not complying a custody order or another agreement approved by the court, you can file a motion for contempt to enforce the order. A finding of contempt can result in (more…)