Sleeping With the Fishes

By Lisa LeFante 

Let’s face it, being a lawyer is hard. Being a family lawyer is even harder. We all know that lawyers get a bad rap . . . What do you call 1,000 lawyers at the bottom of the sea? . . . A good start! Family lawyers get an even worse rap . . . our clients blame us for their moral lapses (no, I did not tell you to sleep with your neighbor when I said you could go on vacation) and our opposing parties call us the devil incarnate and file lawsuits against us. Read more

Hot Ticket Alert – 2022 Family Law Fall CLE Program

Meredith Parker is a white woman with shoulder-length golden brown hair She is wearing a blue shirt, black jacket and silver necklace, and she is pictured smiling and standing against a grey background.By Meredith Parker

Are you looking to broaden your knowledge of family law?

Are you in need of CLE hours?

Have you missed the excitement of attending a fun-filled, in-person CLE with your favorite family law colleagues?

If you answered “yes” to any of these questions, you’re in luck – registration for the 2022 Family Law Fall CLE Program is happening now! Here’s what you have to look forward to (in addition to seeing all of your favorite family law friends):

Assumptions and Presumptions and Suppositions, Oh My! 2022 Family Law Fall Program
September 9, 2022 – Hilton Charlotte Uptown Hotel

We encounter assumptions, presumptions, and suppositions nearly every day in the practice of family law. Some of these are set out in statutes, some are derived from case law, and some come from local practice or personal experience. Read more

2022 is not “2020, Too”

ByKetan Soni is a man with dark hair and brown eyes. He is pictured in a black-and-white photo, wearing a white shirt and a dark suit jacket. He appears smiling and has a black background behind him. Ketan Soni

Thanks for reading this post and for allowing me to be your Chair this year. Don’t sit on me too hard, please! Our esteemed and more likeable Vice Chair is Jill Jackson.

If you’d rather not go through this entire post, there is a tl;dr version at the bottom.

After reading this post, ask yourself:

“What’s stopping me from contributing to the success of our section?”

Read more

Specialist Series: Fourth Installment

Ketan Soni

Ketan Soni

Carolynn Krueger-Andes

Carolyn Krueger-Andes

By Ketan Soni and Carolyn “Lynn” Krueger-Andes

Being Special(ist)

Here are the high level results from our last post, as far as frequently missed questions:

1. Which of the following are acceptable in moving forward with an absolute divorce? (select all that apply) 3 / 22

2. What prior names may a woman resume upon obtaining an Absolute Divorce? (select all that apply) 2 / 22

3. Which of the following are the effects of an Absolute Divorce? 10 / 22

Read more

Case Law Update: Barus v. Coffey (Failure to State a Claim, Child Support)

By Rebecca Watts 

Barus v. Coffey, January 4, 2022, Court of Appeals of North Carolina, Rule 12(b)(6) and custody modification

The trial court entered a permanent order in 2014 that awarded primary custody to father during the school year and shared custody during the summer months. This order also determined that each party should be financially responsible for the children while in his or her respective care and that the parties should bear equal responsibility for uninsured medical expenses, but that neither would pay support to the other. In 2017, father filed a motion to modify custody, medical coverage, and child support. The trial court heard the 2017 motions in 2018. In May 2019, the court entered its order regarding modification of custody, contempt, and attorney fees. Although the 2019 order in its caption did not mention child support, the body of the order itself indicated that the trial court was also addressing father’s motion to modify child support and in the decree of that order, the trial court denied the motions to modify the 2014 order in any way.

Read more

Specialist Series: Round Three

Ketan Soni

Ketan Soni

Carolynn Krueger-Andes

Carolyn Krueger-Andes

By Ketan Soni and Carolyn “Lynn” Krueger-Andes

Being Special(ist)

Here are the results from our last post (51 responses):

Question # % Correct Answers

1

34%

2

84%

3

46.9%

4

16% (YES, 16%)

5

12%

6

44.9%

7

58%

8

68%

9

67.3%

10

72%

Read more

Wadsworth v. Wadsworth (Security For Child Support, Alimony)

By Rebecca Watts 

Wadsworth v. Wadsworth, Court of Appeals of North Carolina, December 21, 2021 (Security For Child Support, Alimony)

The trial court entered a child support and alimony order. The order established a $1,900.00 a month, 20-year term alimony obligation; a prospective monthly child support obligation; and an $18,026.75 child support arrearage. The court ordered husband to maintain a life insurance policy with a $550,000.00 death benefit – the purpose being to secure the $18,026.75 child support arrearage and the $456,000.00 in alimony that would be paid over the total alimony term. Husband appealed.

Read more

Case Law Update: Hirschler v. Hirschler (Civil and Criminal Contempt)

By Rebecca Watts 

Hirschler v. Hirschler, Court of Appeals of North Carolina, December 21, 2021 (Civil and Criminal Contempt)

A custody order granted primary custody to mother and visitation to father, including visitation from June 1 through July 10 each year in Florida. When the parties’ daughter was 16, she informed her parents that she did not want to return to mother at the end of father’s summer visitation period. Father encouraged the child to return but would not forcibly put the child in the car and drive her back to Charlotte.  Mother traveled to Florida to talk with the child about coming home. After that discussion, mother acquiesced to the child’s request that she continue to stay in Florida with father. Mother later changed her mind and filed a criminal contempt motion against father. The allegations in her motion spoke only to criminal contempt and in her prayer for relief she asked only for criminal contempt. A show cause order was entered, directing father to appear and show cause why he should not be held in criminal contempt. At the start of the contempt hearing, attorneys for both sides confirmed with the judge that this was to be a criminal contempt hearing and that mother was seeking only criminal contempt. Father exercised his right not to testify in the criminal contempt proceeding.

Read more

Divorce From Bed and Board: Multiple Choice

Ketan Soni

Ketan Soni

Carolynn Krueger-Andes

Carolyn Krueger-Andes

By Ketan Soni and Carolyn Krueger-Andes

Being Special(ist)

Here are the results from our last post (22 responses):

 

Question # % Correct Answers

1

41%

2

47%

3

28.6%

4

38%

5

33%

6

28.6%

7

76.2%

8

23.8%

9

90.5%

10

81%

Read more

2022 Family Law Intensive: Expert Level Information

Meredith Parker

Meredith Parker

Ryan Schultz

Ryan Schultz

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 your spot for the program.

Read more