Scott Law Group Scott Law Group2024-03-13T19:21:18Zhttps://www.bobbyscottlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303603/2019/10/cropped-site-icon-small-32x32.pngOn Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530992024-03-13T14:04:10Z2024-03-12T15:11:31Zwhat will serve the child's best interests rather than favoring one parent over another due to gender.
Physical vs. Legal Custody in North Carolina
We’ve been talking about physical custody, which is basically the right to have the child with you. It's important to understand the difference between physical and legal custody:
Physical custody refers to the parent's right to have the child live with them. This can be sole physical custody or joint/shared physical custody.
Legal custody is the right to make major decisions about the child's upbringing, such as education, healthcare, and religion. Most custody arrangements involve joint legal custody
Most parents share both physical and legal custody. Sharing physical custody may or may not be approximately equal. It depends on how the court weighs certain factors.
Factors Considered in NC Child Custody Decisions
North Carolina courts consider a range of factors when determining child custody, with the child's best interests being the most important consideration. Some key factors include:
Each parent's ability to meet their child's physical, emotional, and educational needs
The quality of the parent-child relationship and interactions
The child's adjustment to their current home, school, and community environment
The mental and physical health of both parents
Any history of domestic violence, substance abuse, or other issues
The parents' willingness to cooperate and foster their child's relationship with the other parent
The court will consider any factors it feels are relevant when making its decision.
The Best Interests of the Child Standard and Settling by Agreement
Ultimately, North Carolina courts aim to make custody decisions that serve the best interests of the child based on the specific circumstances of each case. There is no one-size-fits-all solution or automatic preference for either parent.
If you are facing a child custody dispute, it is crucial to work with an experienced North Carolina child custody attorney. Your attorney can help present evidence and arguments that demonstrate how your preferred custody arrangement is in the best interest of the child. Your ex’s attorney will make a counter-argument based on the evidence your ex can gather.
It’s important to know that you have the option to resolve your custody issues out of court. If you and your ex can agree, either through negotiation or custody mediation, you will have much more control over the outcome of your case.
Whatever your situation, try to work with a compassionate attorney who will go the extra mile for you and your family.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530942024-03-06T21:46:27Z2024-03-08T21:46:10ZCommon Reasons to Modify a Child Custody Order in North Carolina
There are several reasons why a North Carolina parent might find it necessary to seek a modification of a permanent custody order, such as:
Relocation of a parent: If a parent needs to move out of the area or state, it could require changes to the visitation schedule or primary custody.
Changes in work schedules: If a parent’s job demands change dramatically, it could impact their ability to adhere to the current custody schedule.
Health concerns: New health issues involving the parents or child could necessitate a reassessment of custody and care responsibilities.
Child's changing needs: As a child grows, their educational, behavioral, or developmental needs may be better served by modifying custody.
In any of these situations, your first step should be to talk to an attorney. The details are important, and your attorney will recommend a strategy based on those specific details.
The NC Custody Modification Process
To modify a custody order in North Carolina, you must file a motion showing there has been a substantial change in circumstances that affects the existing order's fairness. If you and your ex can agree on the changes, there might be just a short hearing to allow the judge to ensure the changes are in the children’s best interest.
If you can’t agree, you may have to go through custody mediation or a court hearing where a judge will decide if updating the order is warranted.
To grant a custody modification, the court must find these two things:
There has been a substantial change in circumstances that affects the child custody order
The changes you propose are in the children’s best interest
Every case is unique, and it is up to the court to decide what counts as a substantial change in circumstances and what is in the children’s best interest.
Modifications Do Take Time, So Get Started Right Away
It is important to work with an attorney who has experience in handling custody modifications before and who will go the extra mile for you and your family. If you are facing a major life change that impacts your current custody situation, you need an attorney who can evaluate your circumstances and vigorously represent your interests to pursue an updated arrangement that prioritizes your child's well-being.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530932024-03-06T21:42:07Z2024-03-06T21:42:07Zthe basic process of divorce in North Carolina with clarity and peace of mind.
Myth 1: All Divorces in NC End in Heated Courtroom Battles
While many assume divorce inevitably leads to bitter courtroom fights, this is not always the case in North Carolina, In fact:
Couples often reach settlements through negotiation, mediation or arbitration.
These alternative dispute resolution methods can save time, money, and emotional energy.
Many divorces are settled without ever stepping foot in a courtroom.
Myth 2: Divorce Means Cutting All Ties With Your Ex
If you have children together, you will still you'll still need to co-parent and see your ex regularly on the practical matters of raising children.
Commit to putting your kids’ best interest first in all decisions.
Don’t use your kids as messengers between you and your ex. It puts them in the middle.
Even after your kids are grown, you will still occasionally see your ex at holidays, graduations, weddings and other life events.
Myth 3: The Mother Always Gets Custody of the Children
While it was once more common for mothers to be granted custody, times have changed:
Courts now focus on the best interests of the child, without a preset preference for one parent.
Joint custody arrangements promoting co-parenting are increasingly common.
Fathers have equal legal rights to actively pursue and obtain custody.
Myth 4: You Can Deny Visitation If Your Ex Doesn't Pay Child Support
Child support and visitation are separate issues in the eyes of NC law:
Withholding visitation rights can lead to legal consequences.
If a parent fails to pay child support, take legal action through the courts.
Myth 5: Divorce Means the Marriage Was a Failure
Many people believe that divorce is synonymous with failure, but this is not a healthy perspective:
Sometimes, divorce is the healthiest option for all parties involved, including the children.
It can be an opportunity for growth and a chance to lead a happier life.
Successful co-parenting and mutual respect can emerge from the dissolution of a marriage.
Navigating Divorce? Experienced NC Divorce Lawyers Can Guide You
Remember, each divorce situation is unique. Seeking the advice of a compassionate legal professional can be a helpful step in navigating your own situation. By understanding the realities of divorce rather than the myths, you can make informed decisions that are right for you and your family. Don't try to go through this difficult transition alone based on misconceptions. Look for an experienced family law attorney today.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530902024-02-16T16:12:09Z2024-02-12T15:44:02Zchild support obligations typically end when each child turns 18 (or up to 20 if they are still in high school). They don’t extend to paying for college.
Furthermore, if you don’t agree in your custody agreement to split tuition and other college expenses, the court will generally not order either parent to pay. Therefore, it’s critical that college costs be included in your custody agreement.
An Agreement to Split College Costs Is Binding in North Carolina
You can negotiate an agreement with your divorcing spouse to each pay a portion of reasonable college expenses, and North Carolina courts will generally enforce it. It’s not quite as easy as saying “we’ll each pay half,” however.
What if your child wants to attend a school that is far too expensive for you to manage? What if your income goes down between now and the time you’ll be paying for college? Or what if your income goes up dramatically? Take some time to think through the scenarios and come up with an overall plan.
You’ll need to set some expectations. Should you and your ex split college costs equally? Should the two of you be wholly responsible for the cost of each child’s college, or will your children pay some of the bills? How will money from the kids’ 529 college savings plans be counted?
Consider stipulating an amount you think is realistic and fair. The College Board recently estimated that in-state tuition in the U.S. averages around $11,000 a year. Out-of-state or private college tuition is more. (That estimate doesn’t include room and board, transportation, textbooks and supplies, activity fees and personal expenses. These generally add up to at least the cost of tuition, if not more.)
For example, you could agree that you each will only pay up to a certain dollar threshold, such as $10,000 a year, for tuition. Then, stipulate another threshold for room and board and the other costs.
Alternatively, you could agree to each spend a percentage of your income. For example, you could agree that each of you will allocate 10% of your income toward college costs each year for the four or five years your child will be in college. Note, however, that the FAFSA may suggest you pay a significantly higher percentage of your income.
A good place to start these negotiations is by talking with your attorney. Be sure to hire one who has negotiated a few such agreements before and who will protect your interests during these negotiations.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530812024-01-31T21:16:01Z2024-01-31T19:55:28ZThe Two Steps Needed for Custody Change:
Demonstrate parental unfitness: You must be able to provide evidence that both parents are either unfit or are consistently acting in a way that is adverse to the children’s interests. Abuse, neglect, abandonment, domestic violence toward an adult, serious substance abuse, and other things may show that.
Prove that granting custody serves as the best interest of your grandchildren: You must be able to show the court that it is in your grandchildren’s best interest to be in your custody. It’s not enough to show the parents are unfit or making bad decisions. You must also show that you are the best option as custodian.
The Legal Standard Is High
While these steps are necessary and challenging, parents have the fundamental and constitutional right to parent their children. The courts, in principle, can’t take people’s children away without proof that the parents are unfit or that they have otherwise been acting inconsistently with the duties of a parent.
This is a threshold issue. Unless you can demonstrate unfitness, the courts can’t consider your petition for custody.
What Will the Court Consider?
Once it has been shown that your grandchildren’s parents are unfit, the court should decide to remove the children from their parents’ home or homes. As mentioned above, the court will consider whether it is in the children’s best interest to be in your custody.
To decide the children’s best interest, the courts can consider any relevant factors. Specifically, the courts will generally consider things like:
Your living arrangements
Your ability to care for the children
The children’s relationships with you
Whether you have already been acting as the children’s caregiver
Your work schedule
What support do you have from extended family & other resources
Custody disputes can take an emotional toll, but you don’t have to go at it alone. If you are interested in seeking custody of your grandchildren, you will need to work with an honest, compassionate attorney who understands your concerns and helps you understand whether you have a good case. Then, your attorney will need to gather evidence and argue the case before a court. Don’t lose hope - you do have options.]]>by scottlawmarketinghttps://www.bobbyscottlaw.com/?p=530802024-01-26T17:19:24Z2024-01-26T17:12:22ZIs Alimony Taxable Income in North Carolina?
Previously, alimony recipients had to include payments as taxable income, while the payer could deduct it. However, according to CPA, Dakota Gibson of Gibson Tax LLC. the Tax Cuts and Jobs Act established new guidelines for divorces finalized after December 31, 2018. The paying spouse can no longer deduct alimony from their income. Furthermore, the payments are not taxable as income for the receiving spouse.
How Do Alimony Tax Changes Influence Divorce Settlements?
In the past, alimony deductions would lower the collective tax burden for both parties, making negotiations slightly easier and facilitated negotiation in divorce mediation. But now, the full tax liability falls solely on the paying spouse. This shift may can lead to more contentious discussions about settlement, as the financial stakes are significantly higher without deductions.
What Should Alimony Recipients Do With Their Payments?
If you receive tax-free alimony, keep careful records of every payment date, amount, check number, and transaction ID. While not reported as income, records will be necessary if disagreements over payment frequency/totals arise later. Save this documentation along with your divorce decree should the government or authorities ever require income verification.
How These Tax Rules Impact Payers and Recipients?
Those paying alimony no longer benefit from deductions, increasing their taxable income. This additional cost will probably require adjustments to the budget. In the interim, recipients could gain an advantage by avoiding taxes on this this additional income. Understanding specifics around alimony and taxes can better guide a divorcing couple and family law attorneys alike in negotiations.
Navigating post-divorce finances can be challenging. Make sure you speak to a knowledgeable, compassionate family law attorney and financial advisor to guarantee you make fully informed decisions on alimony that align with updated North Carolina tax laws. Their guidance can save help you can avoid future tax surprises. The 2019 tax reforms brought major changes to the dynamics around alimony. With the right legal and financial support, you can make arrangements that work for your unique situation.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530712024-01-25T18:46:05Z2024-01-23T19:43:41ZParenting Includes Maintaining Honest Communication with Your Children
After you have told your children about the breakup, observe their reactions closely as they process the changes. They may withdraw or become depressed – or they may become hyper-social. They may have lots of questions, or they may become silent on the subject. Your response will depend on how they react.
That said, there are some things most parents should probably do. Here are some useful tips inspired by this article in Psychology Today:
Affirm everyone’s negative feelings, including your own. Don’t try to force positivity on your kids. They need to navigate complex feelings, some of which will be negative. They need to know it’s OK to have negative feelings.
Reassure your kids that you will get through these changes together and things will settle down. Any degree of change can be difficult and kids don’t have the experience yet to know that they will get through it. Things won’t always be this hard. Together, you’ll find a new normal that will be comfortable and satisfying.
Practice gratitude. Even when you’re having trouble seeing the positive, try to list a few things to be grateful for. Your kids still have two parents who love them. You have a roof over your head and food on the table.
Most importantly, never talk negatively about your ex to your kids. While you should maintain an honest and supportive relationship with your kids, do not share complaints about your ex. This could force your kids into the position of having to mediate – or worse, it could make them feel like they have to choose sides.
With legal guidance from an experienced attorney, you can create a timesharing parenting plan that reduces disruption while satisfying both parents. Maintain honest communication while reshaping your family’s structure after this difficult transition.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530692024-01-10T20:34:45Z2024-01-10T16:24:32Z, you still need to take action to ensure your ex doesn’t inherit. For example, if you don’t update your will after a divorce, the probate code invalidates certain parts of it.
You should begin updating your will or estate plan as soon as you and your spouse separate. If you don’t have a plan, you need to create one. Also, you need to update the beneficiaries for any life insurance, annuities, 401(k) plans or 403(b) plans you have. Let’s take a look…
Three Good Reasons to Start Now
As we mentioned above, parts of your estate plan are invalid after a divorce. That means your plan may not work as you expect. Everyone needs an estate plan that protects them if they become disabled and that passes their property to the people they choose. That includes a will, a power of attorney for finance, a healthcare power of attorney, and/or a living will. These all need to be up-to-date to work as expected.
The second reason to act now is to ensure your children (or others you choose) are the beneficiaries of your life insurance policy, annuity, 401(k) plan or 403(b) plan, or other accounts that pay directly to someone else upon your death. If your spouse is listed as the beneficiary, they could still inherit. Most people have some of these accounts through work, and you don’t need a lawyer to change your beneficiaries. Be aware, however, that you may be ordered to maintain your ex as a beneficiary as part of your divorce settlement. If you are, you must continue to do so.
The third reason to handle this now is that it is more convenient to update you estate plan now while documents are collected, rather than putting it off. A lot of people worry about the expense of an estate plan when they’re already paying for a divorce. But right now, you have all the documents collected and you’ve been thinking about the issues. If you put it off, you will have to go to the trouble of collecting the materials again. Meanwhile, you would go unprotected.
Work with an Attorney to Update Each Aspect
While not all North Carolina divorce attorneys practice estate planning, select one who does to help with any necessary modifications at each stage:
Update your will to reflect your updated preferences.
Compose a fresh healthcare directive and power of attorney
Modify the financial accounts' beneficiaries
Be sure to work with an attorney who will put your family first and go the extra mile to provide the legal services you really need. Make an appointment for a consultation with our experienced, knowledgeable divorce and estate planning legal team who will ensure your family is fully protected. Together, we can keep you protected while avoiding unnecessary hassle and expense.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530682024-01-08T15:23:46Z2023-12-22T23:54:38Z
Who will live where
Who will pay what bills
Whether one spouse needs financial support before and during the divorce
How you will divide time with your children
Who gets to keep the family pets
Whether someone should pay child support
What insurance changes are needed
Tax issues
As you can tell, these are some of the very same issues you’ll be deciding during the divorce process.
A Separation Agreement Sets You Up for the Long Term
You may have heard about separation agreements but aren’t really sure what they are. Separation agreements set up a framework for how all those important questions will be answered now, while you’re moving through the year of separation.
It may seem like you’ll be making the decisions of your divorce now, even knowing the official divorce process is coming. Why should you bother if you’re mostly in agreement now anyway?
One good reason is that you and your spouse may not always be in agreement later. Even when you have a separation agreement in place, you will often discover there are areas you don’t agree on after all. How will you resolve the dispute if you don’t have a written agreement?
It’s actually good when your separation agreement gets tested. That gives you important feedback you can use when it comes time to divorce. You can tweak the weaknesses in the agreement before you make it permanent.
It’s a Good Idea to Consult With an Experienced, Compassionate Attorney
Whether you’re thinking about putting a separation agreement into place or your spouse has brought one for you to consider, it’s a good idea to have an attorney involved.
A separation agreement is only useful if it’s valid and both parties understand what they’re getting into. An attorney can review a proposed agreement or facilitate one from the beginning.
At Scott Law Group, we’ll go the extra mile to ensure your separation agreement is valid, communicates clearly and meets your objectives. Let’s get started.]]>On Behalf of Scott Law Grouphttps://www.bobbyscottlaw.com/?p=530212023-12-21T14:39:15Z2023-12-20T21:19:36Zspending her first Christmas without her loved ones a couple of years ago. Here are some highlights and some tips of our own for spending your holidays after the losses that come from divorce:
Embrace new beginnings. As difficult as it is, try to view this holiday season as an opportunity to start new traditions that fit your new family situation. The more often you cling to old traditions and ways of doing things, the harder it will be. Focus on building new traditions.
Maintain some of your children’s favorite traditions even as you build your new ones.
Consider alternate dates. Rather than having the kids divide the actual holiday between parents, choose separate days to celebrate. They don’t want to spend Christmas in the car.
Try to come to as much agreement as possible on what the holidays will look like. You’re going to need to work together to make the magic happen. Communicate your vision and priorities.
Be careful not to over-gift or gift competitively. Prioritize meaningful time together over excessive gift-giving.
Establish emotional boundaries for yourself and decide in advance how you’ll react if your ex pushes your buttons.
Release comparisons. Try not to compare your life to your ex’s – or anyone else’s. Avoid judging yourself by trying to have that “picture-perfect” holiday. You may feel like everyone is having a wonderful time but you, but this is not true.
Practice self-compassion. Permit yourself to feel and process anger grief or regret. You may be furious with your ex or grieving the situation but be nurturing toward yourself. You’re not going to feel jolly all the time, so be okay with that.
In general, give yourself a break and lower your expectations. Not every holiday season has to be the stuff of legend.
From a legal perspective, it’s important to comply with any agreements or court orders you already have. If you have a separation agreement that discusses how to divide the holidays, be sure you follow that order.
Navigating the holidays post-separation without clear custody agreements, can exacerbate feelings of confusion and chaos for you and your kids. We strongly encourage you to reach out now to a compassionate family lawyer to set up an interim custody agreement. These legal guidelines bring much-needed clarity to important logistical matters such as decision-making and time sharing schedules. Having arrangements formally outlined demonstrates your commitment to stability and your children’s best interests during the turbulence of divorce. Seek legal advice from a lawyer who will listen to your priorities and put your family first..]]>