Ability to modify alimony depends on several factors. If your agreement provides that your alimony order is “nonmodifiable,” then you may not have it modified. Also, if no award of alimony was made before or in the divorce decree and you do not have a claim for alimony pending, you will not be entitled to…
If your former spouse is not paying child support, you may take action to enforce your court order either with the help of your lawyer or the assistance of a child support attorney. Unlike a private attorney, you do not pay for the services of a child support attorney. Visit the website for the North…
In North Carolina each parent has equal rights to custody of the children until an order is entered setting up the parent’s respective rights to custody and parenting time. Unless your children are at risk for being harmed by your spouse, your children should maintain regular contact with the other parent. If your children are…
Keep the following in mind to be a good witness on your own behalf: Tell the truth. While this may not always be comfortable, it is critical if you want your testimony to be believed by the judge. Listen carefully to the complete question before thinking of your answer. Wait to consider your answer until…
Credit card debt will be divided as a part of the overall division of the marital property and debts. Just as in the division of property, the court considers what is equitable, or fair, in your case. If your spouse has exclusively used a credit card for purposes that did not benefit the family, such…
Property classification is a key factor in equitable distribution in North Carolina. To determine whether an asset is classified as marital or separate, you must look at how the property was earned or acquired. Separate property is property acquired before the marriage or from the labor of either spouse after the parties separated. If the…
Absolutely. Witnesses are critical in every custody case. At a temporary hearing, a witness is more likely to provide testimony by affidavit, which is a written, sworn statement. At a trial for the final determination of custody, you and the other parent will each have an opportunity to have witnesses give live testimony on your…
Temporary support is money paid by one spouse to the other for the support of a spouse or a child. It is paid sometime after the divorce petition is filed and continues until a permanent child support order is entered by the court or until your case is dismissed. If you are in need of…
A mediation is an informal legal proceeding that is facilitated by a mediator, a neutral third party. The mediator’s sole goal is to help both sides of a dispute reach a mutually agreed upon settlement. The mediator will not tell you what to do, will not act as a judge, and has no authority to…
Temporary hearings are held to determine such matters as who remains in the house while your divorce is pending, temporary custody, and temporary support. The procedure for your hearing can vary depending upon the county in which your case was filed, the judge to which the case is assigned, and whether temporary custody is disputed.…