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Family Law Archives

High number of wage garnishments for child support

Some North Carolina parents who are not receiving the child support they are supposed to get may turn to the court system for help. This could result in the parent who is not paying support being the subject of a wage garnishment. A study by the ADP Research Institute found that about 7 percent of workers throughout the country had had their wages garnished in 2016, and the most common reasons were unpaid child support closely followed by consumer and student loans and back taxes. More than 70 percent of workers with wage garnishments were men, and a significant majority of those garnishments were for unpaid child support.

Divorce assets aren't always what they seem to be

When couples living in North Carolina decide to end their marriages, property division is often a primary consideration. In many cases, the spouses genuinely want a fair and equitable settlement but may not fully understand the value of all of their assets. This can sometimes lead to mistakes during negotiations.

The importance of DNA testing

In an ideal world, every child born in North Carolina has two parents committed to nurturing and supporting that child. However, there are circumstances in which there is some question over a child's paternity and the father's obligation to provide support. As a result, one or both parents may decide to request DNA testing.

Women, finances and divorce

North Carolina women may find themselves in an unexpected financial situation after a divorce. According to a report issued by the U.S. Government Accountability Office in 2012, the household income for women dropped an average of 41 percent after their marriage ended, which is almost twice the income loss experienced by men. A significant reason women tend not to fare as well as men after a divorce is that women tend to earn less of an income than men. According to the Bureau of Labor Statistics, the average weekly earnings for women are 82 cents for every dollar men take home. The inequality in pay can be even greater when factors such as types of jobs or certain ethnic backgrounds are taken into account.

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.

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