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Maginnis Howard no longer practices family law. We currently work personal injury cases, consumer cases relating to credit or harassing phone calls, and wage and hour/employment cases. The North Carolina Child Support Guidelines defines the various child custody terms in ways that may be different than a child custody agreement
If a spouse attempts to return to the marriage home after leaving their spouse, they may be barred from doing so. If the person attempts to get on the property or in the home after being told no, it may be a violation of North Carolina’s domestic criminal trespass statute.
Before Chapter 50B of the North Carolina General Statutes was enacted, the only remedies for domestic violence victims were through criminal statutes. There was growing concern that these criminal laws did not provide adequate protection for victims. Chapter 50B, entitled “Domestic Violence” created strong civil penalties to parties charged with
Child support disputes are some of the most common issues in family law cases, regardless of whether the parents are going through divorce or never married. Child support payments in North Carolina are based upon custody categories and an income-sharing method derived from the gross income of both parents. Child
Maginnis Howard no longer practices family law. We currently work personal injury cases, consumer cases relating to credit or harassing phone calls, and wage and hour/employment cases. North Carolina recognizes two primary types of custody: legal custody and physical custody. Legal custody gives a parent the right to make major
North Carolina G.S. § 50-5.1 allows for a “no-fault” procedure for divorce in which any spouse can obtain an absolute divorce based on one year’s separation. In fact, the only other way to get a divorce in North Carolina is under G.S. § 50-6 and deals with “incurable insanity.” An
Although the American legal system generally requires that parties bear their own costs, including attorney fees, North Carolina does provide the ability for a court to include attorney fees as part of a judgment in certain situations. Some of these situations include construction contracts relating to contractor and subcontractor lien
Landlords in North Carolina must keep leased properties up to code and in a fit and habitable condition. When they fail to do so, and mold growth occurs, the tenant may be physically and financially damaged. If the tenant had previously provided the landlord notice of the problem, or the
In North Carolina residential and commercial construction contracts, it is extremely common for there to be frustration stemming from delays in the performance under the contract. In construction litigation, “time is money” is a true statement, and parties can be held responsible if they have caused delays resulting in monetary
Despite their best efforts, trial judges occasionally make mistakes. In such situations, it may be prudent for a litigant to file a civil appeal with the North Carolina Court of Appeals. Pursuant to Rule 3 of the North Carolina Rules of Appellate Procedure, a “Notice of Appeal” must be filed