Domestic Relations – Child Support Award – Calculation of Income
The trial court erred in calculating Father’s income, by including certain work-related child care expenses that were not supported by competent evidence in the child support calculation, and by failing […]
Domestic Relations – Fifth Amendment Right Against Self-Incrimination – Adjudication of Abuse and Neglect
The trial court did not err by allowing Mother to invoke her Fifth Amendment right against self-incrimination. The unchallenged findings of fact support the trial court’s conclusion of law that […]
Domestic Relations – Pataky Analysis – Unincorporated Separation Agreement
The court must recalculate the child support order to correct the double-counting of uninsured medical expenses and to clarify the allocation of therapy costs. The trial court’s order is affirmed […]
Domestic Relations – Intervenor’s Standing – Significant Change in Circumstances
Intervenor has standing to seek custody of K.B. under N.C.G.S. § 50-13.5(j). We affirmed the order in part, vacated the order in part, dismissed the appeal in part, and remanded […]
Domestic Relations – Motion to Modify Custody – Motion for Directed Verdict Treated as One for Involuntary Dismissal
Procedural and prejudicial errors occurred in the failure of the trial court to make sufficient and specific findings of fact to support its conclusions of law We vacated the Order […]
Domestic Relations – Alimony – Dependent Spouse
The trial court did not err by concluding Wife is a dependent spouse and the court did not abuse its discretion in determining the amount and duration of the alimony. […]
Domestic Relations – Mutual Domestic Violence Protective Order – Findings of Fact as to Aggressors
Plaintiff committed an act of domestic violence against Defendant, but because the DVPOs entered were “mutual” orders under North Carolina General Statute Section 50B-3(b), the trial court was also required […]
Domestic Relations – Child Support – Mandate of the North Carolina Court of Appeals
The trial court’s findings support its determination of child support. We affirmed the trial court’s orders. Father appealed from an order denying his motion to dismiss and motion for protective […]
Domestic Relations – Termination of Parental Rights – Guardian ad Litem
The trial court abused its discretion by appointing a Guardian ad litem for Respondent-Father without providing Respondent-Father notice and an opportunity to be heard on the issue. We vacated the […]
Domestic Relations – Breach of Contract – Civil Contempt as Remedy
The trial court had no jurisdiction to exercise its contempt power to compel compliance with a money judgment arising from a general breach of contract. The breach of contract issue […]
Domestic Relations – Best Interest Analysis – Violation of Custody Order
The trial court’s conclusion that there was a significant change in circumstances affecting the minor child that render it appropriate to modify the custody order is unsupported by the findings […]
Domestic Relations – Collateral Estoppel – Child Custody Order
The doctrine of collateral estoppel did not bar Carteret County Department of Social Services (DSS) from pursuing a juvenile petition alleging abuse, neglect, and dependency. We reversed the Court of […]
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