When does child support terminate in Mecklenburg County? Child support terminates in North Carolina when a child reaches eighteen years of age, except:
1. It stops sooner if the child is emancipated. 2. If a child is still in high school when the child reaches eighteen, child support payments continue until the child graduates, ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age twenty, whichever comes first, unless the Court, in it’s discretion, orders that child support payments at age eighteen or prior to high school graduation. If you have questions regarding child support or the termination of child support in Mecklenburg County, contact Adkins Law. We are located in Huntersville NC and serve the greater Charlotte area.
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In North Carolina, when you separate from your child’s other parent, there are a lot of things to consider and plan for. In most cases, it is best to have a consent order entered as to your child custody arrangement, and any child support obligations. A custody order is required to enforce any agreements as to child custody. In North Carolina, there are two kinds of child custody: legal child custody, and physical child custody. Legal child custody concerns decision making, and what parent is making such decisions as to where the minor child is attending school, what doctor and dental treatments the minor child will have, what religious practices the child will adhere to, and what extracurricular activities and events the child will participate in. Physical custody, on the other hand, concerns what parenting time each parent will spend with the minor children. Most cases involving child custody are resolved by direct negotiations with the opposing party, and the remainder are resolved through the process of mediation. Most jurisdictions require the parties to attend a mandatory mediation before they may present their child custody case in front of a judge. Mediation is often successful as it gives the parties the ability to maintain a sense of control in resolving and settling their matter. In the event your spouse or partner is unreasonable, and unwilling to settle, your case may be forced into litigation, where the judge determines a child custody arrangement dependent upon the best interests of the minor child. If you need to speak with a child custody attorney regarding a child custody matter, please contact Adkins Law. We are located in Huntersville NC and are happy to be of service. Filing for an absolute divorce in Mecklenburg County requires the following:
1. At least one party must have lived in North Carolina for at least six months prior to filing for divorce. 2. The parties must have lived separate and apart for at least one year and one day prior to filing for the divorce. 3. The plaintiff (the person who is filing the lawsuit) must be able to prove that he or she served the defendant (the person who is getting sued). This is usually done by mail or sheriff. Once I file for divorce, how long does it take? Although it may be possible to process a divorce in a matter of days (if both parties agree to expedite and appear in person before a judge), once the plaintiff files for divorce, it takes anywhere from three to four months on average for the divorce to be finalized. Do I have to go to court? No, in an uncontested divorce in Mecklenburg County, neither party is required to go to court. You may select to appear in court to expedite the divorce process, or you may have your attorney handle the entire matter for you. How much will this cost me? Court costs for filing a divorce in Mecklenburg County are $225.00. There is also a $20.00 fee for the hearing to occur, $10.00 fee if you wish to resume your maiden name, and approximately $10.00 to $30.00 fee to serve the other party (if they do not wish to accept service). If you need representation in filing a divorce in Mecklenburg County, contact Adkins Law. In most cases, we can get all required information over the phone, have you verify and sign the filing documents, and process the divorce without the necessity of you having to meet in person or go to court. If you are contemplating separation and divorce, and need to speak with an experienced family law attorney, contact Adkins Law. We are located in Huntersville NC, and serve the greater Charlotte NC area. Undeniably, many families in the US experience serious domestic problems that often necessitate legal interventions. Just like other states of the US, North Carolina (NC) too has its unique laws, under the North Carolina General Statutes (NCGS), that govern all the family matters and that are applicable across its respective regions including Mecklenburg County and all the regions within such counties such as Cornelius, Davidson, and Huntersville in Mecklenburg County. As such, it is crucial for all persons residing within NC, particularly in Mecklenburg County to know the fundamentals of family law in NC likely to affect them such as separation and divorce, alimony, child support, and child custody.
Noteworthy, separation and divorce (NCGS § 50) are two different concepts under North Carolina’s family law statutes. A legal separation does not end one’s marriage. Instead, a legal separation lets the parties remain married but live separately. Marital misconduct may come into play here if a party wants to file an action for a forced legal separation. However, for an action for a forced legal separation (divorce from bed and board) to succeed, the complainant must provide evidence establishing that the spouse was at fault including cruelty, adultery, and indignities, etc. Significantly, although one can legally separate at whatever time, the parties must have been physically separated for a minimum period of one (1) year to succeed in a no-fault divorce. As such, one must meet the legal definition of “separation” to file a divorce case. Merely living in different rooms of the same house or living in separate houses but maintaining the appearance of a relationship does not qualify as a legal separation under the state’s law. If the couple reconciles, the separation period terminates. Additionally, another option other than separation exists, though rarely pursued. Here, the law allows a partner to file for divorce after being lawfully separated for three (3) years and believes that the other partner suffers from untreatable lunacy. Alimony, child support, and child custody are also NC family law issues. According to NCGS § 50-16.3A, alimony is the act of paying for the upkeep and maintenance of a partner, either through a lump-sum or on an ongoing basis provided by the supporting spouse to the dependent spouse. In Mecklenburg County, forinstance, the general rule is that a dependent spouse is the one earning less income, though the NCGS contains sixteen factors (NCGS § 50-16.3A) that guide the court in making such a determination. When it comes to child custody in NC, the most common reference usually made is “the best interest of the child.” Here, the judge (not a jury) hears the evidence presented before the court and decides how the parents, either jointly or individually, will share time with the children and make decisions impacting the lives of the children. Often, the court appoints joint physical custody of the children to the parents. Sometimes the court will award one parent as having main physical custody while the other having ancillary physical custody accompanied with a visitation schedule. One parent is usually ordered to pay the other parent child support. Such support is usually assessed using the North Carolina Child Support Guidelines, especially if the combined yearly income of the two prior to taxation amounts to $300,00.00 or less (though also dependent on the custodial schedule), and such a support lasts until the child turns 18 years and graduates high school, or the child is lawfully emancipated. If you need to speak with an experienced family law attorney, contact Adkins Law. Domestic violence is far more common than we know. It is a problem that affects people regardless of race, gender, sexuality or socioeconomic status. If you or someone you love is being abused, it is important to come forward to seek help.
What is Domestic Violence? Domestic violence is causing, or attempting to cause, bodily injury to the victim. It can also be placing the victim in fear of imminent, serious bodily injury. This may include continued harassment if it causes severe emotional distress. It is important to remember that domestic violence can only occur between people who have a current or former relationship. This includes spouses, household members, parent/ child or boyfriend/ girlfriend. What to do if you are a victim of domestic violence Your safety is the biggest priority—get yourself to safety and call 911. If you do not have a safe place, you can seek help at a shelter. From there, you have the option of seeking a restraining order and/ or filing criminal charges. Criminal charges are recommended because the criminal system has some procedures in place that the civil system does not, like probation and violent offender programs. If the abuser is found guilty at trial, then the terms and conditions of his or her sentence depend on various factors including what crimes the abuser has committed against you and prior offenses How does domestic violence effect custody and child support? It is rare for those issues to be handled in the civil domestic violence process of getting a restraining order. Many judges prefer that issues of child support and custody be handled in a separate action. You will need to file a separate complaint seeking custody and child support. What about alimony and property division? The judge in your domestic violence can only deal with these issues on a very limited basis, such as addressing temporary distribution of vehicles and the home. Many judges prefer that these issues be handled in a separate action. You will need to file a separate complaint alimony and equitable division. Domestic violence proceedings can be confusing and time consuming, especially when dealing with other family law issues. Contact Adkins Law today to set up a consultation and decide your next steps. Adkins Law specializes in Family Law and is prepared to help you! Contact us today to set up a consultation with one of our attorney's.
1) How long do we have to be separated before we can file for divorce?
You can file for divorce “if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six (6) months.” 2) How long will the whole process take once the complaint is filed? It depends. When the plaintiff files a complaint for absolute divorce, a defendant is entitled to 30 days to respond. If a defendant fails to respond to the complaint within 30 or 60 days if applicable, the plaintiff is entitled to proceed with their claim for absolute divorce. 3) What if I am in the military and live out of state? Can the divorce still be filed in NC? Yes! As long as there is one party that resides in North Carolina for a minimum of six months. The divorce will have to be filed in the county the resident resides in. 5) Is spousal support available while divorce is pending in court? It is up to the court to order that one spouse provide support to the other during the pending stages of the divorce. 6) When is it considered abandonment by a spouse? Abandonment occurs when a spouse intentionally moves out of the martial home with the intent to remain permanently apart without the consent of the other spouse. 7) Is your spouse entitled to alimony if they cheated? No! A spouse that is found dependent by the court is not entitled to alimony if they have had sexual relations with another person that is not their spouse at any time prior to the date of separation. 8) What if my spouse does not agree to the divorce, can I still move forward with the divorce complaint? You can obtain a divorce decree whether your spouse agrees with it or not. There are just two requirements: you and your spouse have to have been separated for one-year and one of you has to have been a resident of North Carolina for 6-months prior to the filing of the divorce. Adkins Law specializes in Family Law and is prepared to help you with your divorce. We understand you may have more questions before you proceed with a divorce that is why we offer consultations. Give our office a call to schedule your consultation. Misconception #1:
Trusts are only for people with a high net worth! Trusts can be set up to serve a variety of purposes and aren't only for "rich people". The most common type of trust is a living or revocable trust. A revocable trust is set up so that it can be modified during ones lifetime. Misconception #2: Trusts are Expensive to Setup! Each state and attorney has its own prices when it comes to trusts. Contact attorneys in your area to get an idea of the cost. Generally attorneys have packages that include more than just a trust. Adkins Law specializes in Estate Planning and would be happy to help you! Misconception #3: You no longer in control of assets held in a trust! With a revocable or living trust, you maintain complete control over all assets in the trust during your lifetime. Keep in mind, like most estate planning issues, credit protections vary and you should always work with an estate planning attorney to understand all your options. Misconception #4: Trusts are only for cash or financial securities! Trusts can be set up to hold a variety of assets: -Real estate -Art -Privately held interests in a business Just to name a few! The primary benefit of putting an asset in a revocable trust is to ensure the assets are distributed according to your wishes. Misconception #5: After I set up a trust, my assets will automatically flow as planned! This may be true in some instances, however, this is not automatic and you must be careful not to contradict the terms of the trust. Once the trust is set up, retitle assets in the name of the trust. Misconception #6: I don't need a trust if I have a will! Having a will in place is a great first step into estate planning. But, having a will does not mean your assets are completely secure. Wills can be contested, there is no guarantee that what you want to happen actually will happen if it is just outlined in your will. Misconception #7: It is generally a good idea to name a family member or friend as a trustee! People often name relatives or family members as their executor of their estate and trustees on a trust. Sometimes this can create a strain on your family dynamics. Acting as trustee and/or executor or a trust and estate can be a large amount of work. You can always consider appointing an third party or corporate trustee to manage the assets and execute the wishes of your trust. My doing this it may alleviate the burden of appointing a family member and instead help in assigning a "neutral" party to act as trustee. Misconception #8: Trusts can be set up to benefit a charity, business organization, or even a pet. Sometimes it is possible to assign percentages of your trust assets to a organization or charity of your choice. It is recommended you work with an attorney who may be able to assist in establishing the kind of trust that best fits to your needs for your family, maybe even your pets. Trusts can be powerful and can accomplish a wide range of goals. They can be very difficult and sometimes hard to understand, That is why Adkins Law is here for you! We specialize in Estate Planning and we can work with your family in creating and drafting the Trust Document or Estate Package that best fits your needs for your family. Give our office a call to set up your FREE consultation. Adkins Law is prepared to plan and
help your family with an Estate Plan! Having a basic estate plan is essential to ensure that your family is cared for after you are no longer here, and your finances are distributed in the way that you desire. This plays a significant role in reducing stress and frustration for your loved ones in the event of your incapacitation or death. Contact us today to schedule your FREE consultation! |
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