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Tag Archives: parent & child

Domestic Relations – Parent & Child – Support – Guidelines — Worksheets A & B – Expense Sharing (access required)

Cabbs v. Cabbs Even though the parties’ children spend 130 to 140 days per year with the defendant-father, since the plaintiff-mother pays the bulk of the children’s expenses, the trial court did not abuse its discretion by calculating the father’s child support obligation pursuant to Worksheet A rather than Worksheet B.

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Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression (access required)

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan to reflect a household of five, not seven.

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Domestic Relations – Parent & Child – Support – Father’s Income – Prior Year (access required)

Greco v. Greco Even though there was evidence that the plaintiff-father had earned income (from his relatives) in 2011, the trial court only considered the father’s 2010 income when it modified his child support obligation in July 2011. The trial court’s order did not make findings to justify its failure to consider the father’s 2011 income. Since the trial court failed to calculate the father’s child support obligation using his actual income at the time the order was modified, the order does not comply with the N.C. Child Support Guidelines.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Neglect – Likelihood of Repetition – Failure to Pay Child Support (access required)

In re J.E.M. The respondent-father made no effort to visit his son in the five months prior to the termination-of-parental rights hearing; the father met with a parenting class instructor only once, although parenting classes were part of his case plan and the father was only employed part-time. This evidence supports the trial court’s finding that past neglect would be repeated if the child were returned to respondent.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Father’s Incarceration & Release – Insufficient Findings (access required)

In re G.B.R. The trial court failed to consider any evidence of changed conditions – respondent’s progress in prison, his release from prison, his employment and living conditions -- in light of the evidence of prior neglect and the probability of a repetition of neglect. Thus, the trial court’s termination of respondent’s parental rights is not supported by clear, cogent and convincing evidence.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Right to Counsel – Waiver – Guardian ad Litem’s Role (access required)

In re P.D.R. Our Court of Appeals applied G.S. § 15A-1242 to find that a trial court had abused its discretion by allowing the respondent in a termination-of-parental-rights (TPR) proceeding to waive her right to counsel. Section 15A-1242 applies in criminal proceedings and has no application in TPR proceedings.

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Domestic Relations – Parent & Child – Support – Separation Agreement — College Expenses – Room & Board – Medical Insurance (access required)

Quinn v. Quinn The parties’ separation agreement said the plaintiff-father would “be responsible for the payment of any and all expenses necessary for the education of either of the minor children should they desire to attend a school beyond high school, to include college, technical or trade school, said expenses to include tuition, books and room and board.” The parties’ son came back to North Carolina to live in his maternal grandmother’s home after his Chicago music career stalled, and he signed up for four hours of online classes at a community college; the father was not required to pay the $800 room and board charged by the maternal grandmother. The parties’ daughter is attending college full-time, but she is also married with a mortgage; the father was not required to pay her mortgage and other household expenses.

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