Family Law
Legal matters involving marriage and family are complicated and almost always charged with emotion. This is not an environment you want to navigate alone and hope for the best. Your most advantageous asset is knowledge and that is where Regent Law comes in.
Our deep experience in all facets of family law offers a guiding hand through the confusing maze of mediations, hearings, statutes, property, finances, custodial time and myriad other issues. It’s not about “winning” — no one ever truly wins when it comes to ending marital bonds — it’s about knowing what to realistically expect, being prepared for it and, in the end, feeling satisfied that the best interests of you and your family were well served. Trust Regent Law to get you through it in a way that lets you get on with your life.
CHILD SUPPORT
How much child support you are entitled to receive, or are obligated to pay, is determined by a formula set by North Carolina Child Support Guidelines.
CHILD SUPPORT
How much child support you are entitled to receive, or are obligated to pay, is determined by a formula set by North Carolina Child Support Guidelines. A number of considerations affect this formula:
• the gross monthly incomes of both parents• the reasonable needs of the child for health, education and maintenance
• the child’s accustomed standard of living, health insurance premiums and other factors
• representing what the child would have received if the parents lived together
Furthermore, your custody arrangement can also affect child support. There are three possibilities:
Sole Custody
when the non-custodial parent has the child for fewer than 123 overnights during the year, calculations occur under Worksheet A.
Joint Custody
when the secondary parent has the child overnight for at least 123 nights of the year, calculations occur under Worksheet B. Typically, this arrangement results in a lower child support amount than in a sole custody agreement.
Split Custody
in families with more than one child where at least one child lives with one parent full-time and the other child or children lives with the other parent, calculations occur under Worksheet C.
Clearly, Child Support is a confusing aspect of Family Law with many considerations to process and life altering decisions to make. Let Regent Law’s insight and experience help you navigate your way to the best outcome for all parties.
CHILD CUSTODY
In a perfect world all child custody disputes could be settled outside the courtroom. Unfortunately, with such an emotionally charged issue…
CHILD CUSTODY
In a perfect world all child custody disputes could be settled outside the courtroom. Unfortunately, with such an emotionally charged issue, legal representation and the courts are often the only resolution. Our singular goal at Regent Law is to protect your parental rights and help you obtain a result that is in your children’s best interest.
North Carolina recognizes two types of child custody: Physical Custody and Legal Custody; Physical Custody refers to the physical care and supervision of the child, which can be either one parent having sole custody of the children or both parents having joint custody of the children. Legal Custody refers to the right to make major decisions affecting the child’s life, health, and education.
Several factors can weigh on the judge’s custody decision, including: The child’s safety, the home environment, histories of domestic violence and the child’s preference if he or she is 12 years or older. Navigating this process and assembling the best evidence to support your case are our number one priorities at Regent Law.
SPOUSAL SUPPORT
Post Separation Support and Alimony — these are the two types of spousal support in North Carolina. Think of Post Separation Support as temporary alimony…
SPOUSAL SUPPORT
Post Separation Support and Alimony — these are the two types of spousal support in North Carolina. Think of Post Separation Support as temporary alimony; it lasts as financial support by a supporting spouse to a dependent spouse until an award of alimony is granted or the parties reach an agreement outside of court.
With Alimony, one spouse pays the dependent spouse a lump sum or periodic payments. How the sum/payments are determined depends on a number of factors. Among them, the judge will weigh: Marital misconduct, income and earning capacities, insurance, social security, stock dividends … and a dozen or more other influences. There is no fixed guideline or formula. The court decides, which is why you need a competent and committed attorney fighting for you.
SEPARATION
AGREEMENTS
Before you can file for divorce in North Carolina, the state requires one year of separation. That means living apart from one another and one of you must…
SEPARATION
AGREEMENTS
Before you can file for divorce in North Carolina, the state requires one year of separation. That means living apart from one another and one of you must have the intent to remain separated. A Separation Agreement comes into play when both parties desire to settle the distribution of assets, property and debts outside of court. It’s a legally binding agreement and an enforceable contract. But it can solve issues, avoid uncertainty and eliminate the costs associated with litigation. Each case is unique, and alert counsel is highly recommended to protect your interests and assets.
ABSOLUTE
DIVORCE
In North Carolina, when either spouse shows the court that a legal marriage exists, that one or the other spouse has been a legal resident of NC for at least…
ABSOLUTE
DIVORCE
In North Carolina, when either spouse shows the court that a legal marriage exists, that one or the other spouse as been a legal resident of NC for at least six months, and that the spouses have been separated for one year and they desire to end their marriage, the state will legally dissolve the marriage. This is called a Judgment of Absolute Divorce and once granted you lose your rights to equitable distribution and spousal support if you have not asserted these claims prior to the judgment. To fully understand absolute divorce and how it may affect children should they be involved, talk to Regent’s experts in Family Law.
QUALIFIED DOMESTIC RELATIONS ORDER (QDRO)
Do you and your spouse have a qualified retirement account or pension plan? If so, then QDRO will become a familiar acronym in divorce discussions.
QUALIFIED DOMESTIC RELATIONS ORDER (QDRO)
Do you and your spouse have a qualified retirement account or pension plan? If so, then QDRO will become a familiar acronym in divorce discussions. Quite often, retirement plans are the most significant asset for married couples. Without a Qualified Domestic Relations Order, the IRS may treat your retirement or pension distribution as a taxable event. Early withdrawal penalties can also come into play. There are many layers attached to these funds, including state and federal laws and the plan administrators. Trust the experts at Regent Law to wade through the red tape and protect your interests.
EQUITABLE
DISTRIBUTION
How property is divided often becomes one of the more contentious aspects of divorce proceedings. You may presume that the court will find…
EQUITABLE
DISTRIBUTION
How property is divided often becomes one of the more contentious aspects of divorce proceedings. You may presume that the court will find for an equal (50/50) division, but circumstances and various statues can alter that math. What real and personal property was acquired by both spouses during the marriage? What was acquired pre-marriage, or was gifted to one spouse specifically? Did any of the Marital Property increase or decrease during the marriage? In short, the process is complicated. It’s important to have trusted legal representation on your side to protect your property rights.
MEDIATION
Families that want to solve their divorce and family law issues and avoid the time and cost associated with litigation should consider Mediation…
MEDIATION
Families that want to solve their divorce and family law issues and avoid the time and cost associated with litigation should consider Mediation. In fact, North Carolina law generally requires Mediation as a first stage attempt to resolve the matters. Mediation is available to most every family law issue, including child custody, child support, spousal support and equitable distribution. In successful mediations where both parties reach consensus, their agreement is often memorialized in a settlement agreement or consent order. Is Mediation the right course of action for you? We can help you decide.
MODIFICATIONS
Frequently, life changes following a court order can seriously affect custody arrangements between parents. Job loss or other financial strains…
MODIFICATIONS
Frequently, life changes following a court order can seriously affect custody arrangements between parents. Job loss or other financial strains, remarriage, relocation for a job, the changing needs of a growing child and many other events can impact lifestyles and require reconsidering child custody and child support orders. North Carolina law recognizes substantial circumstantial changes as valid cause for adjust court orders. Regent Law can assist you in understanding the laws and requirements, and help set reasonable expectations for what’s allowed.
