Child Custody Services
The divorce attorneys at Southpark Family Law understand the value of family and that nothing is more important to you than the welfare and best interest of your children. We know that the issue of Child Custody in North Carolina often evokes deep emotion, and that emotion is just as important a factor in the determination of Child Custody as the legal issues that arise. The attorneys at Southpark Family Law are here to support you through the delicate process of determining Child Custody with compassion and dedication.
In a nutshell, Child Custody in North Carolina is the determination of where and how your child will be raised. There are two issues to be addressed under the umbrella of Child Custody – Legal Custody and Physical Custody.
Legal Custody is the decision-making power granted to parents to make decisions regarding major, long-term issues for their child. These major, long-term issues can include where your child goes to school, what medical procedures your child undergoes, what doctors your child sees, and what religion your child is taught.
Physical Custody is where and with whom your child is physically located each night. The “parenting schedule” can be customized to fit your family’s needs, taking into account work schedules, school schedules, extra-curricular activities, and holidays.
Once a Child Custody determination is made, it is often memorialized in a Court Order called a Consent Order. Once the Consent Order is finalized, it may be enforced via a Contempt action or modified based on a substantial change in circumstances. Some examples of a substantial change in circumstances include a change in work schedules, living arrangements, or a change in your child’s educational or medical needs.
During your free initial consultation, the attorneys at Southpark Family Law can discuss with you options for determining, enforcing, and modifying Child Custody in North Carolina based on your unique set of circumstances to obtain the best outcome for you and your family. Call us to schedule your free initial consultation today.
Child Support Services
The family law attorneys at Southpark Family Law recognize the importance of a healthy co-parenting relationship and strive to ensure that relationship is created and maintained after separation. An important aspect of facilitating an amicable co-parenting relationship after a couple separates is guaranteeing both parents are responsible for financially supporting their children for a set period of time – typically until the child turns eighteen (18) years old or graduates from high school. The amount of Child Support and to whom it is paid is most often determined by the North Carolina Child Support Guidelines.
The North Carolina Child Support Guidelines take into consideration many factors when determining the amount of Child Support and to whom it is paid. These factors include both parents’ gross incomes, the number of children, the parenting schedule, health insurance costs, childcare costs, and certain extraordinary expenses.
Once a Child Support determination is made, it is often memorialized in a Court Order. Once the Court Order is finalized, it may be enforced via a Contempt action or modified based on a substantial change in circumstances. Some examples of a substantial change in circumstances include a change in gross income, a change in the cost of health insurance or childcare, and the birth of a new child.
While the calculation for Child Support is heavily numbers-based, the attorneys at Southpark Family Law do not lose sight of the families that are affected by this calculation. During your free initial consultation, the attorneys at Southpark Family Law can discuss with you options for determining, enforcing, and modifying Child Support in North Carolina based on your unique set of circumstances to ensure the best result for your family. Call us to schedule your free initial consultation today.
Alimony and Post Separation Support
Whether you are the stay-at-home parent or the sole breadwinner for the family, if you are contemplating a divorce in North Carolina, you are likely wondering about the issue of spousal support. The family law attorneys at Southpark Family Law understand that, no matter your financial situation, this issue can be a frightening unknown that may threaten your financial stability. We are here to guide you through the complexities of spousal support to ensure your financial future.
In North Carolina, there are two types of spousal support potentially available to the “dependent spouse”. The first type is Post Separation Support, which is intended to be temporary support used to meet the immediate needs of the dependent spouse. The second type is Alimony, which can be longer in duration and is typically dependent on a variety of factors. Such factors can include marital misconduct, the length of the marriage, the parties’ needs, and the parties’ earning capacities. Whether Post Separation Support or Alimony is awarded, as well as the amount and duration of the award, is determined based on a the consideration of a number of factors found in Chapter 50 of the North Carolina General Statutes.
During your free initial consultation, the attorneys at Southpark Family Law can discuss with you whether you may be entitled to receive or obligated to pay Post Separation Support or Alimony in North Carolina and work with you to ensure your financial peace of mind. Call us to schedule your free initial consultation today.
It is likely that during your marriage, you and your spouse acquired assets and debts that will need to be divided now that you are planning to divorce. When determining how to divide this property, it can be difficult to decide who should live in the house, who should pay for the household bills, and who should take on marital debt. The divorce attorneys at Southpark Family Law strive to not only help you understand what property is distributable and how to distribute it, but also advocate effectively to assure a fair and equitable division that best fits your needs.
While the law surrounding Equitable Distribution is complex, in North Carolina, property is typically considered to be marital when it was acquired during the marriage prior to separation. However, there are nuances to the law that can exempt certain property from this “marital pot”. Additionally, in North Carolina there is a presumption that all marital property will be split “equitably”, meaning equally between the spouses. Yet, there are factors that may influence this distribution allowing one spouse to be distributed more than 50% of the marital property.
During your free initial consultation, the family law attorneys at Southpark Family Law can further discuss with you the intricacies of the law surrounding the division of your marital property and begin working with you to determine how best to distribute your assets and debts. Call us to schedule your free initial consultation today.