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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
By Kristin Kelly Broyles It’s National Celebrate Pro Bono Month! That’s right . . . you heard it here: it’s time to get your pro bono “on” if you haven’t already this year. Should every month be pro bono month? Absolutely! October is particularly great . . . why? Well, the leaves are changing, hot […]
By Rebecca Watts Angarita v. Edwards, North Carolina Court of Appeals, August 3, 2021 (50C No Contact Order) Plaintiff and defendant are neighbors. Over a period of several months, defendant engaged in a pattern of verbally aggressive behavior toward plaintiff and plaintiff’s family. Defendant accused plaintiff of breaking into her house, put a sign in […]
By Rebecca Watts Nielson v. Schmoke, North Carolina Court of Appeals, August 3, 2021 (Enforcement of Foreign Judgments) Pursuant to a Michigan divorce judgment, entered in December 2003, and a supplemental judgment, entered in October 2009, husband was to pay to wife a total of $1,323,096.31. In 2013, pursuant to the Uniform Enforcement of Foreign […]