Charlotte Divorce Lawyer Blog

Men Marrying (and Divorcing) Wealthier Women?

Published on: January 19, 2010 | On behalf of Arnold & Smith, PLLC

As reported by CNNMoney.com according to a recent study released by the Pew Research Center, the traditional financial roles in American homes are changing. This study of married households suggests that 22% of men were making less money than their wives in 2007.

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.

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.

Child Support Modification during this Recession

Published on: January 15, 2010 | On behalf of Arnold & Smith, PLLC

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.

Can GPS Monitoring help Protect North Carolina Domestic Violence Victims?

Published on: January 11, 2010 | On behalf of Arnold & Smith, PLLC

A recent New York Times article discussed a modern trend emerging to protect victims of domestic violence: electronic monitoring of convicted domestic abusers and stalkers.

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.

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

Charlotte, North Carolina Family Law Lawyers and Court Address Confidentiality Provisions

Published on: December 19, 2009 | On behalf of Arnold & Smith, PLLC

It stands to reason that separating and divorcing couples may not want every intimate detail of their marriage, separation and divorce to be a matter of public record.

They will sometimes incorporate confidentiality provisions into their Separation and Property Settlement Agreements. Unfortunately, this may or may not be something that a person involved in a contested issue can control and the Courts may not enforce such provisions. Mecklenburg County Family Court recently addressed this issue in the case of NASCAR chairman Brian France.

The Charlotte Observer and WCNC-TV sought to unseal the France court file. The file was previously sealed by another Mecklenburg County Family Court Judge. The news outlets argued that the file had been wrongly sealed.

“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?

Published on: December 11, 2009 | On behalf of Arnold & Smith, PLLC

As we have discussed here before (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody), more working mothers are losing custody of their children. With these bad economic times, it is reasonable to anticipate that more and more people, moms and dads alike, are falling behind in their child support payments.

The term “Deadbeat Dad” has been in common circulation for years, what about “Deadbeat Mom?”

While the label “Deadbeat” might be fun to throw around about the other parent, especially when a parent is in dire need of the past due child support and is angry, it is my view that most people want to do the right thing and want to take care of their children financially.

Mecklenburg County Scrambling for Planned Child Support Enforcement Takeover

Published on: November 29, 2009 | On behalf of Arnold & Smith, PLLC

Recently, North Carolina’s Department of Health and Human Services’ Division of Social Services announced that the state will no longer be responsible for collecting child support payments from delinquent parties. In most North Carolina cases, child support is calculated according to the Child Support Guidelines. In the past, child support enforcement has always been a function of the state; however, North Carolina counties must assume responsibilities for collecting payments beginning July 1, 2010. The state will save approximately $4 million annually by cutting the enforcement program, which now serves 28 of 100 counties in North Carolina.

The North Carolina Congress established the Child Support Enforcement program in 1975 in order to ensure that parents are taking responsibility for the financial support of their children.

Child Support Enforcement agents work to locate non-custodial parents, establish paternity if necessary, and petition the court to order the payment of child support. Until now, the enforcement of a court order for child support has been the responsibility of the state. Under the new law, NC counties must present a plan to assume that job by January 1, 2010 – a deadline that is quickly approaching for some financially-strapped counties. Preliminary planning indicates that some NC counties plan to place the program under their local Department of Social Services’ umbrella.

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.

In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody

Published on: November 23, 2009 | On behalf of Arnold & Smith, PLLC

A very common misconception regarding child custody stems from a real legal doctrine that was recognized by courts in the not-so-distant past: the tender years presumption. Under this judicial doctrine, a child of a “tender age” – typically, seven years old or younger – is presumed to need to stay in the custody of his or her mother, who is presumed to be the most fit parent to raise such an impressionable young child. Since 1994, there are no longer any states in the nation who recognize the tender years presumption; however, most states have replaced this standard with the primary caretaker presumption. The primary caretaker presumption relies on the assumption that whichever parent has been the primary caretaker before the divorce should be awarded custody of the child. This standard is presumed to be in accordance with the child’s best interest, as a custody award to a non-caretaker could be disruptive for the child. Child custody presumptions are favored by states as a preliminary method of informing parties about the likely outcome of the case, as the presumptions are only applied by the court when the custody battle is between two equally fit parents.

Seemingly, the primary caretaker standard feeds into the common misbelief that women are always awarded custody of their child over their deserving husbands’ protests. However, according to a recent study published in Working Mother Magazine, the custodial trend is shifting. In this difficult economy, men are experiencing a higher rate of layoffs – and subsequently, an increase in time spent as the primary child caregiver. Perhaps surprisingly, this study showed that fathers are awarded custody in court at least 50% of the time, a statistic that has doubled over the past decade. Although these statistics are certainly indicative of a much-needed increase in equality in custody determinations, the equally as fit parent who is not awarded custody of his or her child may wonder if the benefit of being the primary breadwinner outweighs the potential risk of losing primary custody.

Whether it comes as the result of shifting social views regarding equal parenting, or as the direct effect of an ill economy, we can certainly expect to see a continual increase in the number of men who are awarded primary or joint custody of their children.