Charlotte Divorce Lawyer Blog

As previously discussed here (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody , "Deadbeat Moms" in Charlotte, North Carolina? What can lawyers do? and Men Marrying (and Divorcing) Wealthier Women?), American households are experiencing a gender role reversal with regard to levels of marital income.

This so called "rise of wives" has sparked a debate regarding whether financially successful women are a threat to traditional marriage roles. However, as recently reported by The New York Times, evidence shows that the shift within marriages has had a positive effect on marital stability and has contributed to lower divorce rates.

Statistics indicate that the more financial independence and education a woman attains, the more likely she is to stay married, as the end result is a marriage that is more balanced and equitable to both spouses.

As the traditional male breadwinner role becomes less traditional, other employment and household responsibilities and expectations are also beginning to shift. Many couples are finding that they must switch up their daily routines in order to accommodate women's working schedules.

Men are taking on more of the daily household responsibilities, as well as taking a more active role in making decisions regarding the children. Moreover, this change in household roles is apparently having a positive effect on marriages: studies indicate that American couples who share employment and household responsibilities are less likely to divorce.

As we have discussed here previously (Mecklenburg County Child Support Cases Affected? Some North Carolina Counties Scrambling for Planned Child Support Enforcement Takeover), North Carolina will no longer bear the responsibility for enforcing child support obligations. Mecklenburg County is one of the counties which currently relies on the state for child support enforcement. The Charlotte Observer reports that Mecklenburg County is evaluating various options for taking over the responsibility for enforcement of its child support cases. Starting July 1, 2010 Mecklenburg County and 27 other counties must take over the enforcement of child support payments for the cases pending in their respective counties.

The issue comes up again for the County commissioners again on Wednesday. Thus far, the evaluations have focused primarily on whether to privatize the service. The lowest bid thus far from a private contractor was $600,000.00. The cost for implementing the program utilizing a consultant and county staff would cost approximatley $1.5 million dollars. Some appear to be in favor of hiring a private company to handle the child support enforcement for at least the first two years while others question whether a private company can be as effective as the current system.

Comparatively, only 4% of men made less money than their wives in 1970. The report largely attributes this dramatic shift in marital income to a similar shift in education patterns. More women than ever before are pursuing an education in order to work outside the home.

A recent New York Times' article discussed this new role reversal and its effect on modern marriages and the selection of marriage partners.

The article indicates that men are now more likely than ever to marry women with more education and income, with the opposite being true for women. As a result, marriage rates have been sharply declining across the board since 1970, with the sharpest decline for those potential partners who are the least educated.

According to the Charlotte Observer and the Associated Press, bankruptcy filings in 2009 numbered 1.4 million and are up 32% nationwide.

These tough economic times cannot help but make divorce cases, which can be very difficult when times are good, all the more difficult to manage, settle and take to trial. When real estate prices were up and properties could be liquidated easily,

it was often just a matter of deciding how much of the equity each spouse would receive. Times have changed.

Money has always been one of the biggest reasons that people separate and divorce. If that was true when times were good, you can bet it will be the case during tough economic times.

Money often causes the split and money is often what is fought over during the separation and divorce. Only now, rather than fighting over retirement accounts, equity and cash reserves, spouses often find themselves fighting over responsibility for debt and fighting to avoid losing their homes or having to file bankruptcy.

Although families are certainly feeling the impact of a recent downward turn in the economy, nationwide trends indicate that those parents who are paying child support are being hit the hardest. In most cases in North Carolina, child support is calculated using a formula. One of the most important variables in the calculation is the income of each of the parents. Because the amount of support a non-custodial parent is required to pay is usually based on his or her income, a nationwide 10% unemployment rate has made it a near impossibility for many supporting parents to meet their children's needs.

In North Carolina, child support orders are never final. Child custody and child support orders can always be modified in the case of a substantial change in circumstances affecting the wellbeing of the child - this can include changes in the paying parent's financial situation. Often, existing child support orders can be modified when a substantial change in circumstances has occurred that renders the non-custodial parent unable to continue to pay the original amount owed. If a parent voluntarily modifies his or her earning capacity, such as in the case of taking a lower paying job, courts are sometimes hesitant to modify child support obligations. However, in the case of a parent who finds his or herself suddenly unemployed and are seeking new employment in good faith, child support obligations can often be modified.

Over a dozen states are now using Global Positioning System (GPS) technology to keep tabs on those accused of domestic violence. North Carolina has yet to introduce GPS monitoring technology, and according to the University of North Carolina at Chapel Hill School of Government, it also does not appear that the North Carolina legislature will introduce a bill of this nature in the upcoming year. Kentucky is the most recent state to introduce a bill this week that will introduce GPS monitoring as a way to prevent the accused from coming into future contact with their alleged victims.

Colorado's Electronic Monitoring Resource Center, which gathers the GPS tracking data, reports that about 5,000 domestic abusers are currently being tracked nationwide.

However, because the technology is fairly new and the success of this method of tracking is still unsubstantiated, judges in states that allow GPS monitoring have been reluctant to order it in cases of extreme violence.

Not surprisingly, experts on domestic violence believe that the program will certainly help save lives when violators ignored their court-imposed restraining orders.

In this issue we take a look at "virtual visitation" - the ways in which technology is facilitating visitation despite great distances in child custody cases. We also address they ways in which asset valuation has become more difficult in equitable distribution cases during these economic times.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter - Winter 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER WINTER 2010