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What You Need to Know About North Carolina Child Support

  1. Understanding Child Support in North Carolina
  2. How Is North Carolina Child Support Calculated?
  3. Are Child Support Payments Fixed Forever?
  4. How Can I Stop Child Support Payments? Is There a “Secret”?
  5. Contact Myers Law Firm for Help With Child Support

Understanding Child Support in North Carolina

When a marriage ends in North Carolina, or when unmarried people who have a child separate, both parents are responsible for providing support to their child or children.

However, the court generally assumes that the parent who has sole or primary physical custody of the child (the “custodial parent”) is paying child support “by default” — meaning that the custodial parent is most likely spending the required amount of financial support directly on the child as long as that parent is providing adequate day-to-day care.

The parent that the child or children spend less time with than the other parent (referred to in child support terminology as “non-custodial”), on the other hand, must usually pay child support in the form of cash, check, electronic payments, or income withholding under a structure determined either by the court or by mutual agreement between the parents. These monthly payments will usually continue until the child turns 18 and has graduated from high school, whichever is later, but in no event past age 20.

If you’re currently going through a divorce or you need to modify existing child support, you should contact the attorneys at Myers Law Firm right away. We have years of experience working with clients who are going through difficult times, and we’ll treat you with compassion and understanding as we fight to protect your rights during any family law negotiations and legal proceedings.

How Is North Carolina Child Support Calculated?

A father braiding his daughter's hair

In most cases, a court in North Carolina will set child support according to a strict mathematical calculation established in the North Carolina Child Support Guidelines. This calculation takes several different factors into account, including:

  • The parents’ gross monthly incomes
  • Pre-existing child support obligations or other dependent children for whom either parent is responsible
  • Any work-related daycare or childcare expenses paid by the parents
  • Health insurance premiums paid by either parent for the child
  • “Extraordinary expenses” paid on behalf of a child, which can include things like expenses for visitation-related travel or private school tuition

However, you and your attorney can argue for a change from the guidelines — either for more or less support — if you can establish that the guidelines don’t apply to your situation or aren’t reasonable because of your unique set of circumstances. For example, necessary expenses or a child’s special education needs might provide a valid reason for the court to set support at a different amount than described by the guidelines.

In addition, as of January 2023, the basic child support schedule established in the guideline doesn’t apply if you and your separated spouse’s combined gross income is more than $480,000 per year ($40,000 per month). In these cases, the court will exercise its judgment and set support at an amount that meets the child’s reasonable needs.

Local court rules establish how you’ll need to prove your income and the child’s monthly needs and expenses for child support purposes. In Mecklenburg County, both parents must file a financial affidavit using a specific form.

Mecklenburg County also requires additional documentation to verify the figures in the financial affidavit, such as pay stubs, bank statements, tax returns, and receipts, so you should start saving any documentation of your income and expenses if you’re going through divorce proceedings or think that divorce may be a possibility.

RELATED: How Does Alimony Work In North Carolina?

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Are Child Support Payments Fixed Forever?

A parent meeting with a child support attorney

Regardless of how child support is initially set, the court always has the authority to modify the current child support order based on a Motion for Modification that can be filed by either parent.

If the court established the amount of child support by order in your case, you and your attorney will need to produce evidence of a substantial change in circumstances to successfully petition for a child support modification.

For example, if the child’s needs have changed and created an increased burden, or if either parent’s financial situation changed significantly, a judge might decide to modify the amount of court-ordered child support. Under the North Carolina Child Support Guidelines, the passage of three years and a 15% or more change in the amount of support is considered a substantial change.

If you and your former spouse established the amount of support through a mutual agreement, though, the court may decide to change the amount of support in this situation even without a change in circumstances.

However, the court will start with the presumption that the amount you agreed to is fair, and you and your attorney have the burden to produce evidence which shows that the amount of support in the agreement is unreasonable.

This means that if you agreed to a child support amount that turned out not to be fair and reasonable, you should contact an experienced attorney right away. They may be able to show the court that your current agreement doesn’t meet your child’s needs and help you successfully petition for a change.

RELATED VIDEO: What Do My North Carolina Child Support Payments Cover?

How Can I Stop Child Support Payments? Is There a “Secret”?

Close-up of a person signing a check for child support

One popular internet article about child support (which was not written by an attorney) is titled “Stop Paying Child Support: The Secret You Need to Know” This title is very misleading. There is no “secret” that will let you avoid child support payments. Trying to find a workaround or shortcut to stop paying court-ordered child support can lead to financial and even criminal consequences. The law treats the child support obligation as one of the most important obligations a parent has and will enforce the requirement to provide support for a child.

If the court has set child support and ordered you to make payments, you must make those payments. Stopping child support payments while a court order for child support is still in place can lead to extremely serious trouble.

If you don’t pay child support as ordered by the court, you could face serious consequences that might include:

  • Wage garnishment
  • Debt collection
  • Negative items on your credit report
  • Liens on your property and eventual seizure of property
  • Suspension of your driver’s license, recreational licenses, and professional licenses
  • Fines and penalties
  • Being arrested, held in jail, and sentenced to prison

In certain situations, it is possible to petition the court to terminate your child support obligation so you can cease child support payments or terminate child support withholding. Those situations include:

  • You can prove the child is not biologically related to you
  • Your child turned 18 and graduated from high school
  • Your child reaches the age of 20 (even if they are still in high school)
  • Your child enlisted in the military and is not a full-time student
  • Your child no longer lives with the parent who receives the child support payments
  • The child for whom support is ordered lives with you most of the time
  • You got back together with the parent who receives support and the two of you are now living together
  • The other parent agrees to stop the child support payments
  • Your child gets married
  • Your child was deported
  • A court legally emancipated your child
  • Your child dies

Even in the situations listed, you must pay child support until you successfully petition to terminate the child support order. You should never stop making child support payments if a court order for child support is still in place.

RELATED: 7 Mistakes That Can Hurt Your Child Custody Case

Contact Myers Law Firm for Help With Child Support

At Myers Law Firm, we understand that the end of a marriage or relationship is never an easy time for either party, so we approach every case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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When and How Can I Modify Child Support in North Carolina?

  1. Separation Agreement or Consent Order
  2. Child Support Overview
  3. Seven Common Reasons Parents Request a Child Support Modification
  4. A Family Law Attorney Can Help You Modify Child Support – Here’sHow
  5. Need to Modify Your Child Support Payments in North Carolina? Myers Law Firm Is Here to Help

Separation Agreement or Consent Order

When a couple divorces, the non-custodial parent makes ongoing, court-ordered payments to the parent who has custody of the child. These payments help cover the child’s reasonable needs and expenses. The parties work out a child support payment amount in a separation agreement or consent order, or the court orders an amount after a trial. 

Child Support Overview

In North Carolina, the courts determine the amount of child support based on a formula that looks at three primary factors: 

  1. The gross monthly income of both parents
  2. The custody schedule
  3. The number of children  

If a party wishes to modify a child support order, they can file a motion with the court at any time. However, understanding the conditions that qualify for filing a child support modification are important, and we’ll discuss seven common scenarios in this article. 

In addition, the child support modification process is complex, so we’ll also explain why you should consider hiring an attorney and how Myers Law Firm can help you and your loved ones with a child support case.

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Seven Common Reasons Parents Request a Child Support Modification 

To start the process, if you’re trying to increase or decrease child support, you must provide enough evidence to justify the change. 

If child support is part of a marital settlement agreement, the court can modify the child support order if the court finds that the amount in the agreement is unreasonable. However, if the child support order is based on a court order, the child support amount can’t be changed unless you prove that there has been a substantial change in circumstances.

RELATED: What to Do When the Other Parent Won’t Pay Child Support

What counts as a “substantial change”? Below are seven common scenarios that may qualify for a child support modification. 

1. The passage of three years since the entry of the prior order and a 15% or more change in the amount of child support 

In North Carolina, courts use a set of legal guidelines called the North Carolina Child Support Guidelines to set child support. If your existing order is at least three years old, and if an application of the Guidelines to your current situation would change your child support by 15% or more, this is considered an automatic substantial change of circumstances. 

2. Your child’s needs suddenly change 

If your child unexpectedly needs additional care for a medical or educational reason, this could be grounds to increase child support. On the other hand, a child no longer requiring daycare services could lower the amount of child support owed. If your child’s needs suddenly change for some reason, it may be time to reassess child support payments. 

3. A significant involuntary decrease in a parent’s income, even if the child’s needs have not changed

A loss of a job or mandatory reduction in hours at work can be a good reason to reevaluate child support payments. 

4. A voluntary reduction in a parent’s income and a child’s needs decreasing 

If one parent takes a lower paying job, quits, gets fired, chooses to take fewer hours, or otherwise reduces their income by choice, this is not grounds for changing child support unless the child’s needs have also decreased at the same time. In situations like this, the parent requesting a change must show: 

  • A reduced ability to pay 
  • That the decrease in income was not due to bad faith 
  • That the child’s needs have also decreased 

If you can’t prove all these circumstances, you probably won’t succeed in trying to modify your child support agreement. 

5. Your child begins receiving public assistance  

Receiving public assistance creates a debt to the State of North Carolina, which makes the State an interested party with standing to request a modification in child support payments. 

6. A change in the physical custody of a child 

If you’re the parent requesting the modification and your child moves in or out of your home, this may count as a significant change in circumstances. 

7. The end of a parent’s obligation for one or more of the children who are included in the child support order 

In the case of multiple children, when one child is no longer eligible for support (for example, when he or she turns 18), a request to modify the payment amount for the remaining children is valid. 

Not all changes in income count as a substantial change in circumstances, though. Here are some common situations that do not provide grounds for a child support modification: 

  • A Chapter 11 petition for bankruptcy 
  • An increase in a parent’s financial responsibility for children who aren’t part of the child support agreement in question 
  • A substantial voluntary decrease in the income of either parent 
  • A substantial increase in the custodial parent’s income 

A Family Law Attorney Can Help You Modify Child Support—Here’s How 

Modifications to child support look deceptively easy. In theory, all you need to do is file a form and appear in court. 

In reality, the process can be complicated and challenging. For example: 

  • You’ll have to provide proof of a substantial change in circumstances. 
  • You and the other parent may disagree, and the other parent may fight tooth and nail — possibly with help from a lawyer — against your attempt to modify child support. 
  • The child support modification process can be time-consuming; in fact, sometimes it can last as long as the original child support case.  

Because of these potential complications, you may want to consider hiring an attorney to act as your advocate in the child support modification process. An experienced and dedicated family law attorney will help navigate the legal complexities, save you time and frustration, and stand up for your rights in court. 

Need to Modify Your Child Support Payments in North Carolina? Myers Law Firm Is Here to Help 

At Myers Law Firm, we know that child support disputes are hard on everyone involved. If you need to modify your child support payments, the experienced family law attorneys of Myers Law Firm are ready to stand up for you and protect your rights.  

We understand that child support is a complicated and important issue to you, so we’ll move quickly to learn about your situation and find a legal solution that meets your unique needs. To schedule your initial consultation today, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or contact us using our online contact form. 

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Stay Safe: 9 Tips for Driving Through Mountains, Hills, and Remote Areas

  1. Spotaneous Getaway or Extended Vacation
  2. 9 Tips to Prepare You for a Scenic Drive?
  3. What If You’ve Gotten Into a Crash?
  4. Myers Law Firm: Helping Car Accident Victims

Spotaneous Getaway or Extended Vacation

As the weather warms, a spontaneous getaway or extended vacation to the mountains of North Carolina can offer a wonderful way to relieve some stress for residents in Charlotte and Mecklenburg County. While our state offers beautiful views and limitless natural experiences on famous roads like the Blue Ridge Parkway and the Cherohala Skyway, clear weather and road conditions can become unpredictable in high elevations and remote areas, and car accidents in these areas can prove especially dangerous.

To help you stay safe during your travels through North Carolina’s diverse terrain, we’ve put together nine helpful tips that can reduce your risk for a crash while driving through mountainous or hilly areas.

9 Tips to Prepare You for a Scenic Drive

Before your upcoming travels, consider the following tips:

  1. Give your car a tune-up.
    Before a trip through mountainous terrain, especially after the cold months of winter, your car may need extra attention. Ensure the vehicle’s brake and transmission fluids are filled. Check that the brakes, heating and cooling, windshield wipers, battery performance, and exhaust systems are working properly. Also make sure the tires are inflated and a spare is on standby. Your car should be in optimal condition, as unexpected events, terrain, and weather may put a more demanding load on your vehicle.
  2. Fill up.
    Many people don’t realize that climbing steep grades requires more fuel than the typical drive. Couple that with the fact that gas stations and cell phone service could be sparse in mountainous areas and you have a recipe for a breakdown. Many mountain roads have minimal shoulders and little visibility ahead, so running out of gas could place you at serious risk of being hit by another driver. Avoid this scenario by filling your car up completely before a scenic mountain drive.
  3. Be ready for emergencies.
    Sudden inclement weather or a damaging car accident could leave you stranded for several hours in rural mountain areas. Before you depart, tell a friend or family member where you’re heading and when you plan to arrive just in case, and ensure you pack extra food, water, clothing, first aid, and tools to fix any minor troubles in case roadside assistance isn’t available.
  4. Use brakes cautiously.
    Continuous braking down steep grades can quickly overwork your brakes. When using brakes on declines, use the tap method (quick, light taps on the brake pedal) to keep them cool. Pay attention to speed signs, and anticipate steep, hairpin turns by braking before you take the plunge. By braking before turns, you shift the forces to the back of the car instead of the front, which offers greater control and the ability to more easily coast through snaking roads.RELATED: Distraction Seems To Be Causing The Rise In U.S. Traffic Deaths
  5. Downshift before extreme downgrades.
    For even better performance on steep topography, downshift into a lower gear. This will limit stress on your vehicle’s engine and brakes and help you control your speed. Make sure that you do this before you begin going downhill, as switching gears during a steep grade can be dangerous.
  6. Watch your temperature gauge.
    While you’re ascending, keep an eye on the engine temperature gauge and try to keep it in the safe zone. If you see it rising above the acceptable level, turn off the air conditioner and go lighter on the accelerator — or pull over where it’s safe and take in the view while your engine cools down for a bit.
  7. Stay alert and on your side of the road.
    Although it’s tempting to look at the breathtaking scenery while driving, stay focused on keeping an even distance between the yellow lines. Even the briefest moment of distraction can cause drifting, which could encroach onto oncoming traffic’s space and cause a crash.Use roadside pullouts for scenery stops, and whenever traffic behind you exceeds two or three vehicles, allow them to pass at the next legal pullout. Remember that uphill traffic has the right of way, and watch for hairpin turns, steep cliffs, and other unexpected shifts in terrain.
  8. Use your headlights.
    Dusk, dawn, rain, snow, fog, and night driving require headlights. When in doubt, use your headlamps to make yourself as visible as possible to oncoming traffic and cars in front of and behind you. Don’t forget to check that your car’s headlights are in good working order and free of debris or obstructions before you get on the road.
  9. Map out your trip beforehand — literally.
    Relying on your smartphone’s GPS app or your Garmin-type device may get you wherever you need to go without a hitch in urban areas, but these apps and devices tend to struggle in remote areas where small side roads may not be mapped completely or accurately. To avoid a wrong turn, plot out your trip on an old-fashioned paper map before you depart; even if your smartphone handles the job just fine, you’ll feel better knowing you have a backup on hand.

For help planning a scenic drive that can take you through some of North Carolina’s most beautiful landscapes, visit the State’s official “Scenic Byways and Drives” page at VisitNC.com: https://www.visitnc.com/scenic-byways-drives.

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What If You’ve Gotten Into a Crash?

Even the most prepared drivers can end up in a life-threatening situation, especially when another person’s negligence enters the equation. If you’re in a crash, you should assess everyone’s condition and contact the police right away. We’ve written about the most important steps after a car accident before, and these steps can help you just as well in mountainous areas. However, after taking care of the essentials, you may need to take a few additional steps if you crash in the mountains or other remote areas.

For example, although it may take a long time for them to arrive, contact roadside assistance to either tow or analyze your car’s condition; driving a damaged vehicle on steep terrain can be extremely dangerous. If you’ve crashed in an area without cellular service and you’re confident in the integrity of your vehicle, you can drive cautiously to the nearest designated roadside pullout and seek assistance. If inclement weather is a factor, stay sheltered in your car as long as it’s in a safe location. If your car is unsafe, dress for the weather in your emergency gear, walk toward the nearest pullout, and seek immediate assistance.

Crashes on mountain roads tend to be even more dangerous than most auto accidents due to the limited visibility ahead, and one crash can lead to another if someone is driving too fast to see the stopped cars from the original accident. Exercise extreme caution after a collision, and if you must get out of your vehicle, avoid standing in the road at all costs.

Myers Law Firm: Helping Car Accident Victims

Whether your crash was caused by another driver or a road hazard, it’s critical to call an attorney in the case of an auto accident while traveling. Poor road conditions, improper signage, and any number of other factors could have caused or complicated your car wreck, but only an experienced personal injury attorney has the training and expertise to investigate your case, assess fault, and determine the best course of action. If someone else is at fault for your damaged vehicle or injuries, you deserve justice and compensation for your losses, and the team at Myers Law Firm is here to help.

At Myers Law Firm, we provide aggressive and efficient advocacy for auto accident victims in Mecklenburg County. We offer free initial consultations for all personal injury cases so we can discuss your unique situation and provide you with candid advice about your best course of action. Please complete our online form or call 888-376-2889 to meet our team and discuss your legal options at no risk to you.

References

Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Schedule Your Consultation Now!

Type of Case (Select One)(Required)
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How to Obtain an Absolute Divorce in Mecklenburg County

  1. Absolute Divorce
  2. The Procedures for Obtaining an Absolute Divorce
  3. Contact Myers Law Firm If You Need Help with a Family Law Matter

Absolute Divorce

We frequently hear in the news that celebrities have “filed for divorce” right after they separate, which gives people the impression that a divorce is as simple as waking up one day and deciding you’re finished being married. The law in North Carolina, however, doesn’t quite work this way.

(more…)

What’s Yours and What’s Ours: Property Division in North Carolina

  1. Property After Divorce
  2. Is North Carolina a Community Property State?
  3. Sorting It All Out: Three Classification for Property
  4. The Property Division Process
  5. Myers Law Firm Is Here to Help You With Divorce

Property After Divorce

No one gets married expecting to later divorce, which means that they usually don’t give much thought to who owns what property in the marriage unless a divorce becomes inevitable. When the unfortunate happens and the prospect of separation begins to loom, the process of sorting out the tangle of shared property can suddenly seem frustrating and even overwhelming.

In these situations, learning about the legal principles courts use to divide marital property during a divorce can clear up some of the confusion and help you understand what to expect. To help, we’ve composed a quick guide to the legal logic behind property division during a divorce.

(more…)

Sharing the Road: Basic Bicycle Safety Laws in North Carolina

  1. Bicycle Accident Death
  2. In North Carolina, Bicycle Are Considered Vehicles
  3. Receive Proper Education
  4. Myers Law Firm: Advocating for Cyclists and Bicycle Accident Victims

Bicycle Accident Death

The National Highway Traffic Safety Administration (NHTSA) reports that on average, two people are killed daily in the United States in bicycle-vehicle crashes, totaling upward of 700 deaths per year. With North Carolina being a popular bike-friendly state for cycling enthusiasts, state residents in both urban and rural areas need to educate themselves about the state’s biking laws and policies.

(more…)

What North Carolina Same-Sex Couples Need to Know About Family Law

  1. Same-Sex Marriage
  2. Does Long-Term Cohabitation Matter When Same-Sex Couples Divorce?
  3. Other Family Law Considerations for Same-Sex Couples
  4. Myers Law Firm Is Here to Help with Your Family Law Issues

Same-Sex Marriage

Last June, the Supreme Court legalized same-sex marriage in all 50 states in the landmark Obergefell v. Hodges decision. While gay couples in North Carolina had already won their right to marry after the 2014 U.S. District Court ruling in General Synod of the United Church of Christ v. Cooper, the decision in Obergefell still made a massive impact in our state and everywhere else — same-sex couples can now marry anytime, anywhere, and in any state without worrying that their marriage won’t be recognized elsewhere due to differing state laws regarding gay marriage.

While Obergefell stripped away the complicated patchwork of state statutes on same-sex marriage, it has created a whole new host of legal concerns for same-sex couples, especially those who marry and then later decide to divorce. Since a full legal marriage has only been an option for gay couples in North Carolina for about two years (and less in some other states), these couples may not have had time to familiarize themselves with some of the family law issues that now apply to them.

Below, we’ve outlined the basic facts about some of the most important issues facing gay couples in North Carolina.

Does Long-Term Cohabitation Matter When Same-Sex Couples Divorce?

Some of the most memorable images and stories that circulated in the media following the legalization of same-sex marriage in North Carolina — and later across the country at large — came from gay couples who had been engaged in long-term domestic partnerships that functioned much like a traditional marriage, lacking only the legal sanction of a marriage certificate. For example, the Charlotte Observer highlighted the story of Cathy Fry and Joanne Marinaro, a lesbian couple who had been together for 28 years and drove to the courthouse for a marriage license on the first day after the 2014 ruling in North Carolina.

But what happens when such couples later decide to divorce? Even though most news stories covering the legalization of same-sex marriage tended to focus on the “happily ever after” accounts, the reality is that gay couples face the same challenges as other couples when it comes to navigating difficulties in their finances, family structure, and personal lives. Do such couples, if they decide they need to separate, receive consideration under the law for the years of domestic partnership during which they had no legal option to marry?

The short answer is that, in North Carolina, a family court will consider a same-sex couple’s marriage to begin on the date they were legally married — regardless of any period of cohabitation leading up to that point. This means that same-sex couples who decide to divorce should prepare for the court to consider the actual date they were married as the date they began to accumulate marital property.

Same-sex couples in North Carolina may wonder whether they could have a common law marriage if they lived together and acted as a married couple for a long enough period of time. The simple answer is “no”; North Carolina isn’t a common law marriage state, although it will recognize common law marriages that were established in other states.

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Other Family Law Considerations for Same-Sex Couples

Besides wondering about the date their marriage begins for family law purposes, gay couples may want to know how federal law and state statutes in North Carolina will affect them in a divorce or other family law matter. Here are some of the most important things to note:

  • Same-sex couples in North Carolina should understand that when it comes to marital property, our state is an equitable distribution state (as opposed to a community property state). This means that the court will divide the couple’s assets “equitably” (which is not necessarily the same thing as “equally”) based on a number of different legal considerations. In general, equitable distribution states allow the judge in a family law case wide latitude to decide who gets what.
  • Same-sex couples who marry and then break up need to divorce if they want to finalize the end of their marriage. This may seem obvious, but prior to 2015, some gay couples could have faced a situation where they married in a state that allowed same-sex marriage and then moved to a state that didn’t recognize the validity of the marriage, thus making it difficult to obtain a divorce. Spouses need to understand that, absent a formal divorce, they are still legally married, and any assets or property that they accrued prior to separation is still part of the marital estate in the eyes of North Carolina law.
  • The new federal standard that allows same-sex couples to marry anywhere also means that gay couples are legally allowed to adopt a child together as a married couple, and any state will recognize the legal status of that adoption. If both parents legally adopt a child as a married couple, then they will generally retain their full parental rights in the event of a divorce and will have to come to a custody arrangement, either by mutual agreement or in court.

RELATED: Custody Battles May Play Out Differently for Same-Sex Couples in North Carolina

  • If only one parent in a same-sex marriage has status as a legal parent, whether due to a biological relationship with the child or a legal adoption, the other parent needs to understand that they may not have any legal rights as a parent in the event of a separation. This holds true even if they have been acting as a parent for practical purposes for a long period of time — unless they can prove to the court that the biological parent has acted in a manner inconsistent with their parental rights. For parents in a same-sex relationship who aren’t the biological father or mother of a child, only a formal legal adoption will confer status as a legal parent.

These are just a few of the issues that same-sex couples now have to navigate when it comes to family law; all of the different legal considerations that could come into play during a divorce or other family law matter are too numerous to list here. In general, if you’re in a same-sex relationship and are considering adoption or facing divorce, it’s critical that you consult with an experienced family law attorney who can explain your legal rights and options — and who can advocate for you based on an extensive knowledge of the law.

Myers Law Firm Is Here to Help with Your Family Law Issues

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every family law case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out the contact form on our website.

References

Gordon, M. (2014, October 10). Federal judge overturns NC same-sex marriage ban. The Charlotte Observer. Retrieved from http://www.charlotteobserver.com/news/local/article9200495.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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How Does Alimony Work in North Carolina?

  1. Spousal Support
  2. How the Court Determines Alimony
  3. How Long Does Alimony Last?
  4. Marital Misconduct and Alimony
  5. Myers Law Firm Can Help with Alimony

Spousal Support

When a marriage ends, the court commonly orders one spouse to provide financial support to the other for a period of time — sometimes even indefinitely. This mandatory payment to a former spouse is called “spousal support,” although the average person will probably recognize it by the more familiar term “alimony.”

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“Billed vs. Paid” Is Still Bad News for Injury Victims in North Carolina

  1. “Tort Reform in Action
  2. How Dollar Amounts Influence Jury Verdicts
  3. Contact Myers Law Firm if You’ve Been Injured

"Tort Reform" in Action

Although “tort reform” is a popular political talking point for many public officials — especially during an election year such as this one — few people really understand what proposed tort reform measures mean for actual personal injury victims when put into practice. One particular law that passed several years ago in North Carolina continues to exemplify how so-called “tort reform” measures can deny justice to injury victims.

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