NC Family Law Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Equitable distribution presumption

NC Gen. Stat. § 50-20 creates a presumption that marital and divisible property is divided equally; the party seeking an unequal division bears the burden of proving equal division is not equitable.

Date of separation

The date the parties ceased living together as husband and wife with at least one party intending the separation to be permanent; it fixes the classification cutoff for marital property.

Marital property definition

All real and personal property acquired by either spouse during the marriage and before the date of separation, including retirement and pension interests earned during coverture.

Separate property definition

Property acquired before marriage, by gift or inheritance during marriage, or after the date of separation, plus the increase in value of separate property not attributable to marital effort.

Divisible property

Passive appreciation and passive income on marital property arising after separation, plus other items listed in § 50-20(b)(4), such as postseparation debt payments on marital debt.

Coverture fraction

A formula dividing months of marriage by months of creditable service to determine the marital share of a pension benefit earned during the marriage.

Alimony elements

The dependent spouse must show actual dependence and the supporting spouse's ability to pay; the court then weighs the 16 factors in § 50-16.3A to set amount and duration.

Postseparation support

Temporary spousal support ordered before final alimony, requiring need and ability to pay; it ends at the final alimony order, a stated date, death, remarriage, or cohabitation.

Alimony bars

A dependent spouse who commits illicit sexual behavior before separation is barred from alimony; a supporting spouse's pre-separation illicit sexual behavior entitles the dependent spouse to alimony.

Lump sum alimony

Alimony ordered as a fixed total amount that vests in the recipient and is not modifiable or terminable on remarriage or cohabitation, unlike periodic alimony.

Cohabitation termination

Alimony terminates when the dependent spouse cohabits with another person in a relationship akin to marriage; the paying spouse must prove cohabitation by the greater weight of evidence.

Child support guidelines

The NC Income Shares Model applies presumptively when combined adjusted gross income is at or below $480,000 per year; above that, the court sets support case by case.

Guideline deviation findings

Any departure from the guidelines must be supported by written findings identifying the guideline amount and the specific reason the amount is unjust or inappropriate.

Child support termination

Support ends at age 18 unless the child is still in high school, in which case it continues until graduation or age 20, whichever occurs first.

Imputed income

Income the court attributes to a voluntarily unemployed or underemployed parent based on earning capacity, used to calculate the child support obligation.

Absolute divorce requirements

One year of continuous physical separation plus domicile of at least one party in NC for six months before filing; the judgment does not resolve property or support claims.

Res judicata bar

Property, alimony, and support claims not preserved by a pending action when the divorce judgment is entered are barred and cannot be raised later.

Custody standard

Custody is decided by the best interest of the child; NC recognizes no presumption favoring either parent, and third parties generally must show parental unfitness.

Custody modification

A custody order may be modified only upon a substantial change in circumstances affecting the child's welfare that occurred after the prior order was entered.

Relocation notice

A parent subject to a custody order must give notice of a proposed relocation; the court considers relocation as a factor in determining the child's best interest.

Premarital agreement

An agreement under the Uniform Premarital Agreement Act (§ 52B) enforceable without consideration, but subject to challenge for involuntariness, unconscionability, or fraud.

DVPO duration

An ex parte domestic violence protective order lasts up to 10 days; a final DVPO may run up to one year and may be extended for good cause up to two years.

DVPO firearm surrender

A DVPO may order the respondent to surrender firearms; federal law also bars firearm possession while a qualifying protective order is in effect.

Separation agreement enforceability

A separation agreement is a contract enforceable at law; when incorporated into a divorce judgment it becomes enforceable as a court order.

Separation agreement limitations

The statute of limitations for breach is three years under § 1-52; property provisions cannot be modified by the court absent consent.

Attorney fees alimony

In alimony cases, fees may be awarded to the dependent spouse based on the 16 factors, including the relative ability to pay and the merits of the claim.

Attorney fees child support

Under § 50-13.6, the court may award fees in child support cases upon findings of inability to pay and good faith, in addition to the merits.

Attorney fees custody

The court may award fees in custody cases if the party lacked means and acted in good faith; the award must be supported by specific findings of fact.

Interim distribution

Under § 50-20(i1), the court may distribute marital property before the final hearing to meet the reasonable needs of a party or child.

Distributive award

A payment in cash or property, in lieu of or in addition to in-kind distribution, ordered when division of marital property in kind is impractical.

QDRO

A Qualified Domestic Relations Order directs a retirement plan to pay benefits to an alternate payee, typically a former spouse, to effectuate a property division.

Termination of parental rights

Grounds are listed in § 7B-1111 (abuse, neglect, dependency, abandonment, and others); the best interest of the child is a separate dispositional phase.