D’Alessandro v. D’Alessandro(Lawyers Weekly No. 14-07-0746, 18 pp.) (Donna Stroud, J.) Appealed from Wake County District Court (Lori Christian, J.) N.C. App. Holding:  The trial court erred in ordering the defendant incarcerated for contempt of court without inquiring whether he ...

Tagged with: custody & support

Murn v. Murn Where the trial court neglected to make a finding as to the number of hours worked by plaintiff’s counsel, we reverse the award of attorney’s fees and remand for further findings as to the reasonableness of the amount of the award. Otherwise, we affirm.

Tagged with: attorney's fees custody & support Domestic Relations parent & child

Bramblett v. Bramblett Where the plaintiff filed her request for attorney’s fees via a motion following the conclusion of the child custody and child support hearing, the request was timely filed.

Tagged with: custody & support Domestic Relations parent & child

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.

Tagged with: Attorney’s Fees Changed Circumstances custody & support Domestic Relations parent & child

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.

Tagged with: Changed Circumstances custody & support Domestic Relations notice parent & child

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.

Tagged with: Civil Practice custody & support parent & child subject-matter jurisdiction