N.C. Family Law Blog
McIlveen Family Law Firm
5 Tax Implications and Divorce
It’s that time of year again. The holidays are gone. The tree is down. W-2’s will be in the mail and on their way before you know it. Each year tax season brings with it new law, new questions, and new decisions. Adding a divorce or separation in the mix makes things even more complicated. … Continue reading
Alienation of affection not just a Carolina thing
As reported by Lawyers Weekly, “A Mississippi woman could not explain away 107 cell phone calls to a married man when she tried to set aside an $88,000 jury verdict against her in an alienation-of-affection lawsuit. Alienation of affection as a cause of action is a relic of the past in most states. Of the … Continue reading
International Kidnapping and the Hague Convention
While the Hague Convention can help to get a child returned it is only applicable when the country where the parent has fled with the child is a signed member to the convention. China, Japan, Korea and Taiwan are not. Most Muslim countries on not members of the convention. While Mexico is a member of … Continue reading
New Law Allows Challenge to Paternity
New law allows fathers to challenge paternity and set aside child support orders. Law becomes effective January 1, 2012 and provides that you have one year to file the motion from the date you discover or should have discovered that you are not the father of the child. The law provides that anyone who would otherwise be eligible under … Continue reading
Happy New Year!
Here Is Your Chance to Decide What I Write About in 2012! Please vote for what you would like to read about and I promise to include articles on that topic.
Thigpen Challenges NC Law Requiring Marriage License
Guilford County Register of Deeds Jeff Thigpen and 10 other people both heterosexual and homosexual have filed a lawsuit last week that challenges the requirement that marrying couples in North Carolina get a state-issued license. See the Complaint: Click to access NC_marriage_lawsuit_Dec_2011.pdf
It’s Always “What is in the Best Interest of the Child”
In a recent N.C. Court of Appeals decision the Court reminded us again that the standard is always “What is in the best interest of the child.” In Wolgin v. Wolgin the mother of the little girl thought she could make unilateral decisions without her ex husband’s input on moving the child to a different school. She … Continue reading
Supreme Court to Decide if Child Conceived by Dead Father’s Sperm Can Collect Benefits
More than 100 applications have been filed for survivor benefits for children conceived posthumously and it is likely that more will be filed as it becomes less expensive to store sperm and conceive at a later date. In this case, a woman’s husband died of cancer. The woman then conceived a child via in vitro fertilization by … Continue reading
Think Your Dating Website Account is Safe From Discovery?
If you do, think again. A Connecticut judge has ordered lawyers representing a divorcing couple to exchange passwords to their clients’ Facebook and dating websites. Judge Kenneth Schluger ordered the password exchange in the divorce of Stephen and Courtney Gallion, according to the Forbes blog The Not-So Private Parts. So what is the moral of this story? Dating … Continue reading
I Suspect Child Abuse, So Do I Have to Report It?
The media is in a frenzy reporting on Sandusky and Fine’s alleged crimes against young boys. Questions are being asked about what is being done to protect children involved in sports. And now CNN is reporting that, “The Memphis police and the Amateur Athletic Union have launched an investigation [into Bobby Dodd] after two players alleged that the … Continue reading
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