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Coronavirus and NC Courts

4/4/2020

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Updated 12/16/2020
Corona and NC Courts
The Chief Justice of the North Carolina Court system has essentially postponed most normal court activity until June 1, 2020. Although the courthouse is technically open and court documents can still be filed as normal most deadlines and court dates for most cases have been continued. The main exception to this rule is Domestic Violence cases and certain ex-parte emergency child custody actions. Nobody knows for certain when the Covid-19 crisis will subside in NC or the country, but with a current lock down order in place for NC there is a strong likelihood that normal court business may not resume for months as effective social distancing inside the courthouse would be difficult to impossible.

The main points of the order issued April 2, 2020 are as follows:
  • Postpones court proceedings for a second time to June 1, 2020
  • Continues to direct clerks of court to post notices, such as the attached poster, at court facilities discouraging entry by those infected with COVID-19
  • Authorizes court proceedings to be conducted by remote audio and video transmissions
  • Directs attorneys and others without business before the court to avoid court facilities
  • Allows use of a sworn statement under penalty of perjury rather than notarization for court filings and oaths
  • Allows service of court documents by email
  • Extends the deadline for payment of most fines and fees by 90 days and directs clerks not to report failures to pay court debt to the DMV.

December 14, 2020 update

Chief Justice Cheri Beasley issued an order extending Emergency Directives 2–5, 8–15, 18, and 20–22 in response to the public health threat posed by the COVID-19 outbreak. North Carolina Courts will postpone non-essential, in-person court proceedings for 30 days, beginning Monday, December 14.

May 21, 2020 update

Chief Beasley issued a new Order dated May 21, 2020. Some of the main points are as follows:
  • Filing deadlines for criminal matters are extended until July 31.
  • Filings due pursuant to statutes of limitation or repose are extended until July 31. 
  • Filings and actions due in civil matters that had been previously extended are due June 1. 
  • No session of court may be scheduled if it would result in the public being crowded into courtrooms or waiting in close proximity without social distancing. 
  • Senior Resident Superior Court Judges are directed to have courtroom seating and all areas where lines form marked with six-foot intervals.
  • They must also ensure that public areas of the courthouse are cleaned throughout the day and that hand sanitizer is provided at every entrance and exit. 
  • Jury trials are postponed through at least the end of July.
  • Senior Resident Superior Court Judges are also directed to assess local court facilities to determine whether juries can be convened with social distancing. If not, they must secure alternate facilities for jury trials. 

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Can a child choose which parent to live with in NC?

7/23/2018

70 Comments

 
Updated 2/11/2022
Can a child choose which parent to live with in NC?
​Children are not able to simply choose which parent they want to live with under North Carolina law. That being said, a child’s wishes can be taken into consideration by a judge during a custody trial. How much weight their preference is given by the judge is totally up to the judge. Factors considered by a judge in evaluating the wishes of a child are the age and maturity of the child along with the rationale for their opinion.

Why can’t children decide where they want to live?

​Imagine a child who wants to live with mom or dad because that parent lets them do whatever they want such as play video-games all day or stay out with friends all night. Children often make bad decisions that are not in their best interest. North Carolina law directs our judges to award custody based on the “best interest” standard and this may or may not align with what a child wants or needs.

What age can a child decide which parent to live with in NC?

​There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.

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Chances of 50 50 Custody in NC

5/6/2018

20 Comments

 
​Updated 4/13/2022
50 50 custody in NC
Under North Carolina law there is no presumption for either the mother or father in a custody dispute. Although some states have a presumption for joint child custody there is no such rule in NC. The actual legal standard in NCGS 50-13.2 is to award custody based on the “best interest” of the child. In 2015, many thought there was a new custody law in NC when NCGS 50-13.01 was created stating the policy of NC was to encourage equitable participation of both parents in raising their children. 
​After reflection, NCGS 50-13.01 appears to be the first baby step in NC to join many other states looking to create a hard presumption of equal or joint custody when both parents are capable of sharing that responsibility. Whether 50/50 custody is a realistic possibility in your case mainly depends on what county you live in and what Judge is assigned to your case. To some counties and Judges they approach any custody dispute with a predefined idea of what “best interest” means. Some judges simply favor joint custody and others do not consider 50/50 custody a viable option. No matter if you are a mother or father the prospect of a judge given essentially unchecked power to decide your rights regarding your child is a frightening idea.

What does it mean to have 50 50 custody?

Equal custody means different things to different people. The two types of custody are physical and legal custody. The difference between physical and legal custody in NC is that legal custody goes to who can make decisions affecting the health and welfare of the child whereas physical custody goes to where the child lives and sleeps at night. A true 50-50 custody generally means the parents share joint legal and joint physical custody meaning no major decision can be made except by agreement and the minor child spends an equal amount of time or overnights with each parent.

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Alimony Tax Law Change

1/13/2018

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Alimony tax law change
​New alimony agreements and Court orders created starting in 2019 will no longer treat spousal support as a taxable event. This is a dramatic change from what has been the law since 1942, which has allowed anyone paying alimony to deduct the full amount paid from their taxable income. Under the new Tax Cuts and Jobs Act signed by President Donald Trump alimony will essentially be treated just like child support- it will be a non-taxable event for both the payor and recipient. 
The impact of this change in the tax code regarding spousal support is national (not just North Carolina) and will effectively make divorce more expensive for many who rely on spousal support to maintain their standard of living. As the tax change of alimony applies to Court orders and separation agreements signed after December 31, 2018 those in the middle of divorce right now have just under a year to finalize any deal under the old/current law.

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Are credit cards marital debt?

11/5/2017

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marital credit cards
​The presumption in North Carolina is that all assets accumulated during marriage are part of the marital estate. There is no such presumption when it comes to martial debts. That being said, debts incurred during the marriage for the joint benefit of the parties are considered to be marital debts. This can certainly include credit cards only in the name of one spouse if those debts were accumulated for the benefit of the marriage.
Even though a creditor such as Bank of America or Wells Fargo may only be able to sue the cardholder a North Carolina family court judge can order the other spouse to make payments or account for that debt in the dividing the marital estate via property division otherwise known as equitable distribution. Equitable does not always mean equal, but judges usually try and divide marital assets 50/50 to the extent possible absent a compelling reason for an unequal distribution.

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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
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    • Debt Settlement
    • Foreclosure Defense
  • Blog