Category: Family Law

Recent North Carolina Legislation Affecting Family Law and Divorce – Part 2

This is Part 2 of a recent article that I wrote for the NCAJ Trial Briefs magazine regarding recent laws passed by the North Carolina General Assembly which affect family law and divorce issues.

Foster Care Children’s Bill of Rights

The General Assembly passed a bill entitled “Foster Care Children’s Bill of Rights” which became law on July 23, 2013.  The new law amends N.C.G.S. § 131D-10.1 to insert a list of 11 goals with regards to foster care that are designed to make the quality of life better for foster children.   The bill states that violations of the new law do not create a cause of action against the State, the NC Department of Health and Human Services, or any person providing foster care.

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Recent North Carolina Legislation Affecting Family Law and Divorce – Part 1

This is Part 1 of a recent article that I wrote regarding recent laws passed by the North Carolina General Assembly which affect family law and divorce issues.  Part 2 will be coming soon.

The recent legislative session of the North Carolina General Assembly was notable for many reasons and brought a lot of attention to the State of North Carolina.  While one high profile bill that was passed in the area of family law garnered a good bit of national attention, there were several others that could significantly impact family law practitioners.  The following is a summary of new laws that were enacted during the long session of the 2013 General Assembly that may impact you in your representation of domestic clients.

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Recent North Carolina Court of Appeals Decisions Regarding Family Law

Barker v Barker – Civil Contempt

Defendant/Father appealed from an order finding him in contempt for failure to comply with a consent order directing him to pay a portion of his child’s college tuition and expenses. The order was affirmed by the North Carolina Court of Appeals. The parties signed a consent order on August 20, 2003, which resolved all of the issues between them regarding child custody, child support, equitable distribution and spousal support. The issue pertinent to the appeal was the parties’ agreement regarding payment of tuition costs and expenses for college. Father agreed to pay 90% and Mother agreed to pay 10% of the tuition, room and board costs of the children’s college education, as long as the “diligently applied themselves to the pursuit of education.”

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