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Tag Archives: custody & support

Domestic Relations – Parent & Child – Custody & Support – Prior Order – Changed Circumstances — Prior DVPO – Extraordinary Expenses – Attorney’s Fees

Balawejder v. Balawejder Even though the defendant-mother dismissed her domestic violence claim against the plaintiff-father, domestic violence between the parties is one of the factors the trial court was required to consider pursuant to G.S. § 50-13.2(a) when it made findings as to the best interest of the child. We affirm the trial court’s order as to custody and child support. However, we vacate the trial court’s attorney’s fee order and remand for reconsideration.

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Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court’s order granting custody to the father and requiring the mother to pay child support.

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Domestic Relations – Parent & Child – Custody & Support – Civil Practice – Subject Matter Jurisdiction – Pre-Separation – Post-Separation Support

Baumann-Chacon v. Baumann Even when parents are still living together, the district court has subject matter jurisdiction over one parent's claim for the custody and support of the parties' children. However, the district court does not have subject matter jurisdiction over the plaintiff-wife's claim for post-separation support while the parties were still living together.

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