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Child Support

Feb 13, 2020

Child support obligation terminates only with judicial emancipation

A non-custodial divorced parent’s obligation to pay child support doesn’t automatically terminate when a child leaves the custodial parent’s home to live on his own, a divided panel of the North Carolina Court of Appeals has ruled in a case of first impression, holding that a judicial emancipation is necessary in order for the obligation […]

Oct 2, 2019

COA nixes ultra-slow child support payback plan

  A trial court abused her discretion when she ordered a father to pay child support arrears of $24,400 at the rate of $100 per month—which would have taken more than 20 years—when his income allowed him to pay the entire amount in a lump sum, a divided panel of the North Carolina Court of […]

Oct 4, 2018

Domestic Relations – Child Support – Limitation on Evidence – Consideration of Period After Remand

On remand from the court’s reversal of the trial court’s original child support order, the trial court exercised its discretion not to take additional evidence but erroneously made findings of fact as to the parties’ conduct on remand. We therefore reverse the new order and remand for the trial court to either take additional evidence […]

Apr 17, 2018

Domestic Relations – Child Support – Sua Sponte Modification – Custody – Autism Protocols – Contempt

Where there was neither a motion to modify child support nor any evidence presented about that issue, the trial court should not have modified defendant’s child support obligation sua sponte. We affirm the trial court’s custody modification and attorneys’ fee award. We vacate the child support modification and dismiss defendant’s appeal of the order finding […]

Jan 16, 2018

Domestic Relations – Alimony & Child Support – Income Sources – Equitable Distribution – Classification & Valuation

Kabasan v. Kabasan (Lawyers Weekly No. 011-015-18, 49 pp.) (Valerie Zachary, J.) Appealed from Buncombe County District Court (Andrea Dray, J.) N.C. App. Holding: In listing the income sources to be considered in an alimony award, G.S. § 50-16.3A(b)(4) does not make clear whether the “social security” mentioned in the statute can refer to social […]

Dec 19, 2017

Domestic Relations – Unincorporated Separation Agreement – Child Support & Alimony – Husband’s Income – Specific Performance & Money Judgment

Lasecki v. Lasecki (Lawyers Weekly No. 011-385-17, 44 pp.) (Linda McGee, C.J.) Appealed from Iredell County District Court (Edward Hedrick IV, J.) N.C. App. Holding: Even though the plaintiff-husband’s income had decreased, since the parties’ separation agreement was not incorporated into any trial court order, the trial court could not unilaterally decrease the amount plaintiff […]

Oct 3, 2017

Domestic Relations – Parent & Child – Support Modification – No Motion – Subject Matter Jurisdiction

  Catawba County ex rel. Rackley v. Loggins (Lawyers Weekly No. 010-061-17, 28 pp.) (Michael Morgan, J.) (Mark Martin, C.J., joined by Sam Ervin IV, J., concurring in the result only) Appealed from Catawba County District Court (Gregory Hayes, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: The trial court […]

Sep 19, 2017

Domestic Relations – Parent & Child – Support – Guidelines Deviation – Attorney’s Fees – Costs – Appeals

Sarno v. Sarno (Lawyers Weekly No. 011-289-17, 22 pp.) (Robert Hunter Jr., J.) (Hunter Murphy, J., dissenting) Appealed from Mecklenburg County District Court (Ronald Chapman, J.) N.C. App. Holding: Even though the trial court made findings regarding the parties’ average monthly incomes, health insurance costs for their child, and work-related child care costs, the court’s […]

Aug 10, 2017

Earmarking in arrears

There’s falling behind on your child support payments, and there’s falling behind more than $300,000 on your child support payments. Somehow, Dr. David Gerlach managed to do the latter. According to a court ruling in the case involving Gerlach and his ex-wife, Gerlach was ordered in 2008 to pay thousands per month in child support […]

Mar 28, 2017

Domestic Relations – Parent & Child – Support – Civil Practice – Subject Matter Jurisdiction – High Income Case

Crews v. Paysour (Lawyers Weekly No. 012-057-17, 7 pp.) (Richard Dietz, J.) Appealed from Pitt County District Court (G. Galen Braddy, J.) N.C. App. Unpub. Holding: Even if the trial court lacked statutory authority to consider defendant’s motion for permanent child support (plaintiff contends an earlier temporary order had converted into a permanent order), the […]

Mar 10, 2017

Overbilled and out of luck

A Wake County man whose wages were wrongly double garnished for past-due child support after he had already settled his debt — a mistake that cost him more than $15,000 — has no remedy, according to the North Carolina Court of Appeals. The court found that Ollie Williams Jr. failed to file suit within the […]

Sep 15, 2016

Not nice, mom

When Monica Lueallen received a temporary court order to pay child support to her soon-to-be ex-husband, Mike, she scoffed. “I’m a mom and moms don’t pay child support,” she said. The court was not amused, finding that Monica had paid about $20,000 in attorney fees and had her mother pay between $50,000 and $60,000 while […]

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