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Record #:
19862
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This bulletin discusses a set of rules established by the Uniform Interstate Family Support Act and the Full Faith and Credit for Child Support Orders Act to \"reconcile\" multiple child support orders entered by different courts with respect to a parent's obligation to support a particular child, children, or family, and to recognize one as the controlling order with respect to a parent's duty to support a particular child or family.
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Record #:
6238
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How is the law applied when a parent or child living abroad seeks child support or alimony from a parent or spouse living in North Carolina, or vice versa. Saxon discusses the various laws that might or might not apply in international family support cases.
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Record #:
3789
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Bills dealing with family law were passed by the 1997 General Assembly. Subjects include family law mediation and child support.
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Record #:
25891
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North Carolina law recognizes the ever-changing nature of the circumstances on which a child custody or support orders are based. Therefore, the court has the authority to modify provisions of a custody or support order within limits. A person seeking to modify an order has the burden to prove sufficient changes in circumstances in order to justify changes in respect to custody, visitation, or support.
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Record #:
25892
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The nature of interstate child support cases is complex regarding issues of jurisdiction, choice of laws, remedies, and practical problems deal with processing and communications. Given the increasing complexity and inherent difficulties in such cases, the Uniform Reciprocal Enforcement of Support Act (URESA) has been replaced with the Uniform Interstate Family Support Act (UIFSA). Also enacted in North Carolina, the law provides for better support and enforcement of provisions across state-lines.
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Record #:
25889
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In response to the Parental Kidnapping Prevention Act and increasing problems caused by conflicting orders in interstate child support cases, Congress enacted the Full Faith and Credit for Child Support Orders Act. Saxon summarizes the provisions of this act and its effect on North Carolina courts ability to recognize and enforce interstate and out of state child support orders.
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Record #:
25890
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Related to family law in a number of areas, the North Carolina General Assembly enacted various legislative pieces in 1995. In response to research on the effect of equitable distribution law on women and families, the General Assembly passed four bills intended to address delays in the prosecution of equitable distribution cases, providing for interim allocations and pretrial procedures. Affective October 1995, Chapter 319 rewrites the law regarding alimony, providing procedures for post-separation support, while deleting the requirements of the dependent spouse to show fault in order to receive alimony. In domestic violence cases, courts may now prohibit a party from purchasing a firearm for a certain period of time. The General Assembly also adopted the new Uniform Interstate Family Support Act (UIFSA) which establishes procedures for child and spousal support across state lines. Juvenile law saw amendments to provide for the inclusion of parents in the medical, psychiatric, or psychological treatment of a child deemed by the court to be delinquent, abused, neglected, or dependent. Juveniles between the age of 16 and 17, away from home for more than 48 hours without permission from a guardian can be taken into custody by a law enforcement officer without court order. Additionally, no physician may perform an abortion on an un-emancipated minor unless they have obtained consent from both the minor and either a parent or guardian; however, a minor may obtain a judicial waiver of consent in certain circumstances. Chapter 457 rewrites entirely North Carolina’s adoption laws, providing major provisions for the adoption of both minors, adults, and a step child by a stepparent. The legislation also requires new terms on the confidentiality of records and prohibited practices in connection with adoption.
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Record #:
25887
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Two recent decisions by the North Carolina court of appeals have illustrated the principles of equitable distribution. Lockamy v. Lockamy and Gilbert v. Gilbert show that equitable distribution is barred unless asserted before divorce and the doctrine of equitable estoppel for preventing injustice in court.
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Record #:
25888
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In June 1994, a number of revisions were made to the North Carolina child support guidelines. These include the establishment of a self-sufficiency reserve to limit the responsibilities of obligors with low incomes, changes to health insurance premium payments, and the addition of income and support orders with respect to level of income and time of order.
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Record #:
25886
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While the recent NC Equitable Distribution Act states that the net value of martial estate is available for distribution upon separation, it does not give guidance on the treatment of accumulated debt. Crawley provides some guidelines for classifying martial debt in terms of when it was accrued and to whom it benefits if distributed jointly, how it can be valuated and distributed, as well as effect mechanisms for enforcing the division of such resources.
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Record #:
25885
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New legislation in 1987 brings some changes to family law in North Carolina. The Uniform Premarital Agreement Act does away with the limitations on non-property rights for pre-marital agreements, while the procedure for equitable distribution was altered to allow parties to file an action any time after separation. Two acts became effective this year to require income withholding for those delinquent in child support. Judges are also required to consider joint custody if either parent requests it. Several laws also affect the consent for adoption and placement of children under the age of six months. Lastly, legislation now provides a concrete definition for what constitutes domestic violence and how law enforcement makes arrests in these situations.
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