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 ...

Tagged with: Child Support

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 ...

Tagged with: Child Support

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 ...

Tagged with: Child Support

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 ...

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  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.) ...

Tagged with: Child Support Modification

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 ...

Tagged with: Child Support

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 ...

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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 ...

Tagged with: Child Support

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 ...

Tagged with: Child Support

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 ...

Tagged with: Child Support