Entries by FamilyLaw

2022 Family Law Intensive: Expert Level Information

By Meredith Parker and Ryan Schultz Introducing: Isn’t There an Expert for That? (2022 Family Law Intensive Program) Thursday and Friday, January 27-28, 2022 Attention all Family Law Specialists and Family Law Practitioners with 8+ years of practice! Your deadline to register for the 2022 Family Law Intensive Program is fast approaching – register today to secure […]

Are You Specialist Material?

By Ketan Soni and Carolyn Krueger-Andes Being Special(ist) We’re all busy all the time. Some of you have dreams of being special. Some of you have dreams of being a specialist. The hurdle to that dream is the nightmare of the specialist exam. We are here to help you add bunny ears and fuzzy slippers to […]

Mendez v. Mendez (Bad Faith Imputation)

By Ryan Schultz Mendez v. Mendez, Court of Appeals of North Carolina, December 21, 2021 Defendant sought a modification of child support, citing the changing needs of the children based on their involvement in new activities, including music lessons, fencing, and acting classes. Defendant also requested an award of attorney’s fees in the amount of […]

Prenatal Abandonment

By Jessica Wollum While my last post focused on pregnancy support, this post focuses on what occurs when fathers fail to provide support, or at least fail to meet the court’s support definitions. Under prenatal abandonment theory, birth fathers lose “parental rights to newborn[s] by neglecting parental responsibilities during” pregnancy.[1] However, this theory can be […]

The Limits on Pregnancy Support In North Carolina

By Jessica Wollum The financial and physical impacts of pregnancy disproportionately affect women, as biology makes it easier for men to evade their equal responsibility. However, laws that provide robust pregnancy support can make women and children more secure, while also ensuring more equitable pregnancy cost distributions. Regardless of whether pregnancy support is framed as […]

Equitable Distribution: Laws are Still Wrong, Says Ketan

By Ketan Soni All the divorce laws are still wrong. Nothing has changed in the past 90 days. Only two people responded to my last post, and both basically said “Ketan, you are right.” I’m 2-0. The softball issues are over. Remember, I’m trying to point out black holes in how things operate within our […]

Case Law Update: Waly v. Alkamary (UCCJEA)

By Rebecca Watts  Waly v. Alkamary, Court of Appeals of North Carolina, August 17, 2021 (UCCJEA) Father filed a custody action in North Carolina in July 2016. Then, mother relocated to New Jersey and father relocated to Florida. In October 2016, the North Carolina court entered a temporary custody and child support order in which […]

Case Law Update: Walter v. Walter (Contempt)

By Rebecca Watts  Walter v. Walter, Court of Appeals of North Carolina, August 17, 2021 (Contempt) The parties’ custody order provided, inter alia, that father would have “at least two non-consecutive weeks during each summer (school) vacation period of the minor children,” that father would give mother notice of his proposed summer time within five […]

Case Law Update: Mucha v. Wagner (DVPO, Personal Jurisdiction Over Defendant)

By Rebecca Watts  Mucha v. Wagner, Supreme Court of North Carolina, August 13, 2021 (DVPO, personal jurisdiction over defendant) Plaintiff and defendant were in a romantic relationship while plaintiff was in college in South Carolina and defendant lived in Connecticut. The relationship ended while plaintiff was still in South Carolina. Upon ending the relationship, plaintiff […]