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Tag Archives: support

Domestic Relations – Parent & Child – Support – Contempt – Consent Orders (access required)

Mooney v. Mooney Where, in the parties’ previous consent order, they agreed to set child support according to the N.C. Child Support Guidelines, the trial court did not award “retroactive child support” when it made the calculation called for in the consent order. We affirm in part, reverse in part, and remand in part.

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Domestic Relations – Parent & Child – Support – Guidelines – Uninsured Medical Expenses – Attorney’s Fees (access required)

Couick v. Couick Where the trial court declined the defendant-mother’s request to depart from the Child Support Guidelines, the court was not required to follow the four-part test set out in Sain v. Sain, 134 N.C. App. 460, 517 S.E.2d 921 (1999). We affirm the trial court’s child support award but reverse and remand for further findings on the mother’s request for attorney’s fees.

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Spouses must separate before filing for support, S.C. court holds (access required)

The S.C. Supreme Court has ruled that spouses must separate and live apart before one can bring a claim for “separate maintenance and support.” In a Sept. 19 opinion, the high court upheld Greenville County Family Court Judge Robert N. Jenkins’ order dismissing Eileen Theisen’s claim for support from Clifford Theisen. Eileen Theisen should have alleged that she was living separate and apart from her husband, the high court held. She didn’t, so the court upheld Judge Jenkins’ dismissal of her claim in Theisen v. Theisen. Greenville attorney Joe Ramseur (pictured) represented Clifford Theisen in the case.

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Domestic Relations – Parent & Child – Support – Modification — Incorporated Separation Agreement – Automatic Increases – Unenforceable – Support During College (access required)

Wilson v. Wilson The separation agreement that was incorporated into the parties’ 1988 divorce judgment required the defendant-father to increase his child support payments whenever he received a raise or bonus; however, such automatic child support increases do not take into account all of the factors required to modify child support, such as the needs of the children. We reverse the trial court’s order requiring the father to pay $23,921 in past due child support.

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Domestic Relations – Parent & Child – Support – Downward Modification – Insufficient Showing – Civil Practice – Draft Orders – Venue  (access required)

Orange County ex rel. Clayton v. Hamilton The defendant-father incurred no additional cost in covering his child on his wife’s health insurance policy, which also covered her son from a previous marriage; moreover, the mother was providing coverage for the child on her health insurance policy. The trial court did not err in failing to give the father credit for medical insurance coverage purchased for his child.

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Domestic Relations – Parent & Child – Support – Income Reduction – Sexual Offender Registry – Former Nurse Anesthetitist (access required)

Metz v. Metz A judge committed no abuse of discretion in setting a divorced sex offender's child support obligation at $2,627 per month. The defendant-father argues that his loss of his position as a nurse anesthetist and the forfeiture of his licenses, subsequent difficulty in finding other employment, and resulting loss in income were involuntary and are not the result of bad faith on his part. We cannot agree.

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