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Family Law Archives

Requirements for deducting alimony payments

North Carolina estranged couples who have concerns about how a divorce may affect their tax obligations should be aware of a decision by the United States Tax Court. The ruling established that simply giving money to an ex-spouse does not meet the criteria for an alimony deduction. It must be included in a legal separation or divorce agreement.

Child support agreements

North Carolina parents who are divorcing will likely have to deal with the issue of child support during the proceedings. They can choose to work with one another and come to an agreement, take part in alternative dispute resolution proceedings or litigate the issue with the judge making the final determination.

Responsibility for support of the child of an under-18 parent

Parents of children under the age of 18 in North Carolina might wonder who is financially responsible for the child of their minor child. If both the child's mother and father are under the age of 18 and they are not emancipated, the primary responsibility for child support is shared among the child's grandparents.

Retroactive child support is sometimes possible

Some parents in North Carolina may wonder if they can ask for back child support for their children when the other parents have not contributed financially to their care. It is possible to request that courts order back child support, but the parents will need to be prepared to provide proof to the court about why it should be ordered.

How the DPPA may help a parent collect child support

The Deadbeat Parent's Punishment Act is one way that parents in North Carolina and throughout the country may pursue another parent who is not paying child support. The federal law, which was put into place in 1998, is designed to punish parents who have left the state in an attempt to avoid paying child support. A parent prosecuted under the DPPA must have not paid support in over a year and must owe more than $5,000 or must not have paid support in over two years and owe more than $10,000.

Alternatives to disinheriting a child

The decision to disinherit your child is not one that should be made lightly. On the contrary, doing so may have permanent and considerable consequences, so it is important that you carefully weigh the pros and cons of disinheritance before making the official decision to move forward.

Paternal involvement and child support debt

U.S. non-custodial parents paid in excess of $32 billion in child support during the 2015 fiscal year through the federal Office of Child Support Enforcement. These amounts were applied to the expenses incurred by custodial parents in North Carolina and around the country for caring for and raising their children. Typically, parents who do not have primary physical custody are ordered by courts to make these payments. There are many fathers in the United States who do not live with their children. The results of a study indicate that those who owe back child support tend to see their children less, have children with multiple people and work fewer weeks a year.

Trump chooses to allow Obama's child support order to stand

North Carolina is among the 36 states to have passed laws that allow for the reduction of child support orders of noncustodial parents who are incarcerated, but spending time behind bars is considered voluntary unemployment in many parts of the country. Barack Obama addressed this issue during his last month in office, and his regulation, which went into effect on his last day of office, has yet to be reversed or suspended by his successor.

Stay-at-home moms need a postnuptial agreement

While a prenuptial agreement is intended to determine whether you or your partner have rights to certain assets in the event the marriage ends, the postnuptial agreement does the same but with one key difference. A postnuptial agreement is created after your marriage has already taken place, and this type of document is growing in popularity in America, particularly among stay-at-home moms. Here are key reasons why.

Child support rule changes for prisoners

North Carolina is one of 36 states that allow child support orders to be reduced when noncustodial parents are sent to prison, but incarcerated parents are considered to be voluntarily unemployed in many parts of the country. Financial obligations can add up quickly when prison inmates have no realistic way to make payments, and a 2010 study into the problem ordered by the Obama administration found that 29,000 federal prisoners owed an average of almost $24,000 in unpaid child support.