Post Separation Support

Child Support and Post Separation Support Obligations Not Affected by Religious Beliefs

Published on: June 22, 2010 | On behalf of Arnold & Smith, PLLC

Recently, in the case of Shippen v. Shippen, the North Carolina Court of Appeals upheld a civil contempt finding against a husband who failed to pay child support and post-separation support to his ex-wife.

Shortly after the child support payments were ordered, John Lee Shippen joined the Twelve Tribes of Israel, a religious community that prohibits its members from earning outside income or owning personal assets. Instead, the sect’s members farm and provide services to one another in exchange for food and housing.

The court found that Mr. Shippen’s failure to make payments was “willful” for the purposes of the contempt order because he had the mental and physical ability to comply with the order. Mr. Shippen alleged that he acted in good faith based on his sincerely-held religious beliefs that prevented him from earning income. The court concluded that the fact that the defendant’s religious beliefs may be sincerely held is irrelevant to his obligation to pay alimony and child support.

Divorce Looms Ahead for Long-Term Married Couples

Published on: June 8, 2010 | On behalf of Arnold & Smith, PLLC

Although the recent announcement by Al and Tipper Gore that they are separating after 40 years of marriage has shocked the country, a recent CNN article indicates that more long-term relationships in this decade are heading toward divorce than ever before. Break-ups between long-term married couples are still far rarer than between newlyweds, but factors such as longer lifespans and a growing acceptance of divorce are accelerating the divorce rate among older couples.

According to the 2004 U.S. Census Bureau data, most first-time divorces occur around the 8th year of marriage. Experts say there are three “divorce-prone” points in time that will either make or break a marriage. The first is after the initial two years of marriage, when the couple has passed the “honeymoon period.” The second is around the five to seven year mark, when children are typically born. The final point is when the children leave home for college and the couple becomes empty-nesters with fewer ties to one another.

Couples like the Gores who have successfully navigated their marriage past all of these divorce-prone points often cause the greatest shockwaves when announcing a separation or divorce.

Social Networking and Divorce in Charlotte, North Carolina

Published on: March 7, 2010 | On behalf of Arnold & Smith, PLLC

The recent rise in popularity of social networking websites has redefined the definition of privacy for many users. Unfortunately, as recently reported by Time Magazine in two different articles (Facebook and Divorce: Airing the Dirty Laundry and Five Facebook No-Nos for Divorcing Couples), social networking sites are also contributing to a rise in difficult and costly divorce litigation.

Sites such as Facebook and Twitter, which were originally intended to facilitate networking connections, are quickly becoming forums for publicly airing personal business. Divorcing couples who are in the midst of litigation should be exceedingly cautious regarding the type of information they post to their personal networking pages.

As discussed on law.com (Web Search Serve as Litigation Tool), in any lawsuit, the collection of information on an opposing party is highly important. Photographs, in particular, can have very serious consequences in divorce and child custody litigation. Attorneys on both sides of the litigation can use electronic discovery to yield helpful photographic evidence that may be admitted to reflect on the credibility or lifestyle of a party or witness.

Lack of Financial Stability Contributes to Divorce

Published on: February 20, 2010 | On behalf of Arnold & Smith, PLLC

According to an article entitled Five Ways to Save Your Marriage published last week by CNBC, positive financial behavior contributes greatly to the long-term stability of marital relationships. Certainly, this does not come as a surprise to married couples in Charlotte working through these tough economic times.

Conversely, and also not surprisingly, according to reports by the National Marriage Project at University of Virginia, the negative effects of poor money management are one of the leading causes of divorce. Couples who do not manage their money well and contribute to savings together are more likely to accumulate marital and individual debt, which puts a great deal of stress on a marriage.

The National Marriage Project’s 2009 State of Our Unions report indicates that debt accumulation contributes to a sense of financial unease, which in turn increases a couple’s likelihood of fighting over both financial and non-financial matters.

Charlotte Divorce Cases are Affected by Changing Gender Roles

Published on: January 30, 2010 | On behalf of Arnold & Smith, PLLC

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.

Grappling with Bankruptcies in Divorce

Published on: January 17, 2010 | On behalf of Arnold & Smith, PLLC

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.

View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Winter 2010

Published on: January 1, 2010 | On behalf of Arnold & Smith, PLLC

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

For Charlotte Women, Cancer can mean Separation, Divorce and Lawyers

Published on: November 27, 2009 | On behalf of Arnold & Smith, PLLC

Any married couple who has been faced with a life-threatening illness knows that the stress resulting from the diagnosis and subsequent treatment puts the couple at great risk for marital discord. However, a recent study demonstrates that marriages are six times more likely to end in divorce when the spouse affected is the wife.

This study, conducted by researchers specializing in oncology, indicates that female gender is a very strong predictor of partner abandonment in patients who face serious medical diagnoses. Those conducting the study on cancer patients found that about 12% of the patients in the study inevitably separated or divorced. However, with regard to the gender of the patient, the study indicated that 21% of women faced divorce after the diagnosis, as compared to only 3% of men.

Perhaps most unnervingly, the study also demonstrated that when these marriages end in divorce or separation, the patient’s quality of care and quality of life were negatively impacted. Specifically, patients who no longer have spousal support are much more likely to end therapy or become disinterested in trying new cancer treatments.