Articles Posted in Child Support

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Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

When he divorced his ex-wife Nicoletta Zuin in 2002, Nicola Toso agreed to pay child support for their daughter, who was then six (6) years old. He paid 300 euros, about $335, a month without an issue for years.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

In a case that is the first of its kind for our courts, the North Carolina Court of Appeals just ruled that a child support order can include private school tuition for families whose gross income exceeds the state’s Child Support Guidelines.

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Charlotte Divorce Attorney Matt Arnold of Arnold & Smith, PLLC answers the question: “What does a “No-Fault’ divorce mean in NC?”

Most people think that once a divorce is over, it’s over. After all, you’ve spent substantial time and money trying to undo your ties to another person, why would you continue to have contact once you’re finally free? Sometimes though, things don’t go so smoothly, life’s messy after all, and lengthy relationships can be hard to leave behind. The question becomes, once you start to muddy the water, getting back in touch with an ex after the divorce is already signed and sealed, does that reconciliation undo the terms of the divorce or will the settlement agreement remain in effect? To find out more, keep reading.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are covered by child support?”

If you have children and are facing a divorce, you likely want to understand more about the child support system and how it works in North Carolina. Given that many people only go through a divorce once, this will likely be your first rodeo and, as a result, you may have a lot of questions. To better understand child support and how it works in North Carolina, keep reading.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”

Everyone knows that income plays a role in divorce. It can impact not only child support obligations, but also spousal support and, in some circumstances, equitable division of assets. What is interesting is that income includes more than just what you earn from working. Income can be from investments, income can be from bonuses and income can also be imputed. Imputation occurs when a court decides that a person should be given credit for earning a certain income, even if it isn’t really being earned.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

If your former spouse stops paying court ordered child support it can create a lot of problems. You may depend on that money to pay bills and suddenly having that stream of money disappear can leave you scrambling. Thankfully, you have ways to extract the money owed from your spouse. There are many ways of doing this, but a common one is to pursue a wage garnishment. To find out more about how wage garnishment works in North Carolina, keep reading.

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Board Certified Family Law Specialist Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

A Duke University researcher who set out to test whether the adage that unmarried parents are most receptive to the idea of getting married in the “magic moment” right after a child’s birth was true found out the post-birth magic lasts longer than a moment.

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Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “How is the amount of child support decided in North Carolina?”

 

Nick Olivas said he was a lonely, 14-year-old kid going through a rough patch when his 20-year-old neighbor raped him. He said he didn’t know at the time that under Arizona law, a child under 15 could consent to sex, making him a victim of statutory rape. He didn’t press charges against the woman, but now the State of Arizona is after Olivas to pay child support for the daughter he fathered with the woman.

Daughter Hugging Father Charlotte Divorce Lawyer North Carolina Family Law AttorneyOlivas said he and the woman went their separate ways. He graduated high school, attended college and became a Phoenix-based medical assistant. He said he was living his life and enjoying being young when, two years ago, he was served with papers demanding child-support payments for a six-year-old daughter.

Arizona—like Kansas and California—considers the circumstances of the daughter’s conception irrelevant for child-support purposes, said Mel Felt, director of the New York-based advocacy group the National Center for Men. In 1993, the Kansas Supreme Court ruled that a 13-year-old boy who impregnated his 17-year-old babysitter was liable for child support, even though he had been legally unable to consent to sex. A California state court issued a similar ruling involving a 15-year-old boy whose 34-year-old neighbor was convicted of raping him.

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Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

 

A Canadian man may have thought his girlfriend’s made-up tale about her quintuplet pregnancy was the ultimate gold-digger’s tale, but that was before he was one-upped by a Chengdu, China-based panda named Ai Hin.

Panda eating bamboo Charlotte Divorce Attorney North Carolina Family Law LawyerA “gold digger” is defined informally as “a woman who associates with or marries a man chiefly for material gain.” To be fairer than Jamie Foxx and Kanye West were in their 2005 hit single, “Gold Digger,” men are just as capable of engaging in gold-digging conduct. Since most men cannot become pregnant (yes, men are carrying babies to term), the pretending-you-are-pregnant-to-ensnare-the-mate phenomenon has been a strategy traditionally employed by members of the fairer sex. While not by any means the first to document the phenomenon, Daniel Defoe’s harrowing 1722 account of the life of Moll Flanders is instructive.

The lady Flanders was, in the end, a sympathetic figure. She did what she had to do to survive in a sexist and paternalistic culture. History may not be as kind to the contemporary Canadian Paul Servat’s girlfriend.

According to the Toronto Sun, Servat was tricked in a fake-pregnancy scheme by his girlfriend, who told him she was carrying quintuplets. The girlfriend’s stomach swelled, she began lactating, and the couple accepted donations from neighbors and friends. A mother of triplets who befriended the couple told CTV news that the girlfriend’s story didn’t add up. She said the girlfriend kept adding to the number of expected children.

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Attorney Matthew R. Arnold answering the question: “What children’s expenses are not covered by child support?”


Several New Jersey courts have been contending with tricky issues surrounding divorced couples and continuing child support obligations. In one recent case, a family court judge from Morris County made national headlines when he refused to require a couple to pay for private school and college tuition for their 18-year-old daughter who had moved out of their home and now wanted financial support.

 

Archway Charlotte Divorce Lawyer North Carolina Family Law AttorneyIn a more recent case, a New Jersey appellate court ruled that a divorced dad was required to give his daughter more than $112,000 to pay for half of her $225,000 tab to attend Cornell Law School. Though most states do not require parents to continue supporting children past the age of 18 or graduation for high school, whichever occurs last, the judges in this case had no problem enforcing the payments on the father.

 

According to the panel of judges, the requirement to pay for law school would not apply in most New Jersey divorce cases, but does in this one because the parties specifically included such a clause in their divorce agreement. The judges pointed out that the father had negotiated the language of the settlement and was perfectly clear what his obligation would be.

 

Though parents may not have to provide this kind of support for their adult children, if they sign a contract agreeing to do so they cannot then expect to get out of it. The provision said that after the couple’s 2009 divorce, each would agree to pay half the cost of their daughter’s law school, assuming she maintained at least a “C” average.

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