If you are not receiving child support, or if your ex has stopped making child support payments, and you need to speak with a family law attorney, contact Adkins Law. We have locations in Huntersville and south Charlotte.
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The North Carolina Court of Appeals addressed the issue of retroactive child support in the case of Loosvelt v. Brown, on July 15, 2014. Mr. Loosvelt, brought a lawsuit against Ms. Brown for child custody and to establish child support obligation. Ms. Brown then brought counterclaims including one for retroactive child support. The trial court awarded over $7,000 per month in child support along with around $40,000 in retroactive child support including in excess of $5,000 in pre-birth nursery expenses and maternity clothes. The Court of Appeals addressed the issue retroactive child support and clarified the law on the expenses that can be recovered before a child’s birth. The court held that "as the legal obligation arises when the child is born, expenses incurred prior to the child's birth cannot be considered as retroactive child support. The only exception to this is in the North Carolina General Statute §49-15 which allows for "medical expenses incident to the pregnancy and birth of the child." Furthermore, a parent may seek retroactive child support for child support prior to filing the complaint. The Statute of Limitations does limit (NCGS § 1-52(2)) limits a parent to know no more than three years of retroactive support. The parent seeking retroactive child support must present evidence of past expenditures made on behalf of the child that were reasonably necessary. If you are filing an action for child support, be sure to talk with an attorney about making a claim of retroactive child support. At Adkins Law, we believe in providing top-notch, quality legal services at affordable prices. If you need to speak with an attorney regarding a family law matter, traffic citation or issue, or for your estate planning needs, contact Adkins Law to arrange a consultation. Adkins Law has offices in Huntersville and Ballantyne for your convenience. Contact Adkins Law for all your family law, estate planning, and traffic-related legal issues. Adkins Law has locations in Huntersville and Ballantyne for your convenience.
Need to speak with a family law attorney? Contact Adkins Law. Adkins Law provides legal representation for family law matters such as separation, divorce, child custody, child support, equitable distribution, and spousal support. We have locations in Huntersville and Ballantyne for your convenience. Adkins Law PLLC focuses primarily on family law matters such as separation, divorce, equitable distribution, alimony, post-separation support, child custody, and child support. We have locations in Huntersville and Ballantyne for your convenience. Please contact us if you need to arrange a consultation. Need to speak with a family law attorney in Huntersville? Contact Adkins Law. Our practice focusing primarily on family law matters such as separation, divorce, child custody, child support, and the division of marital property and debt. We have offices in Huntersville and Ballantyne for your convenience. In North Carolina, to legally separate from your spouse, you must reside in different residences with the intent to live separate and apart from one another. The date of separation starts when one spouse moves out, and no paperwork is required to be filed to establish the legal separation. It is beneficial, if both spouses are willing, to enter into a separation agreement outlining the terms of the split. A separation agreement, also known as a separation agreement and property settlement, is a contract between spouses that determines how marital property and debt will be divided, spousal support, and also may address child custody and child support. If spouses are able to agree upon these issues amicably, this is the most cordial and cost-effective way to establish the terms of a divorce. Once you have been separated from your spouse for a year and a day, you may file for divorce, thus terminating the marital relationship. When you file for divorce, if you have executed a separation agreement, you may choose to incorporate the separation agreement into the divorce judgment, making the separation agreement a court order and enforceable by the power of contempt. You may, on the other hand, elect to not incorporate the separation agreement, keep it private, and have it remain enforceable by breach of contract. If you are considering separating from your spouse, it is important to understand your rights and the divorce process. Contact Adkins Law to arrange a consultation with a family law attorney. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. |
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