It’s Tax Time & You’re Divorced

How do you determine who receives the dependency exemption for the children?

          To claim the dependency exemption the parents must be divorced or separated, have a separation agreement or have lived apart during the last six months of the year. Generally only the custodial parent may claim the dependency exemption. Custody is determined by the number of overnights slept in the home of a parent. The parent having custody for a greater portion of the year is considered the custodial parent.

Read More…

Buckle Up

North Carolina’s seat belt laws have changed a few times over the last couple of decades. Regardless of age, if you are the driver or just a back seat passenger, North Carolina law now requires every occupant in a vehicle to buckbuckle-uple-up. However, a police officer must have reasonable suspicion to stop a vehicle and a back seat passenger not wearing a seat belt is not justification to stop a vehicle.

Read More…

Emergency Custody

emergency-custody-picIt is an unfortunate reality that many parents face situations or circumstances that they feel need the Court’s immediate attention to ensure the safety of their children.  When such situations arise, a parent may need to seek emergency custody of their child. 

Read More…

Do I need an attorney for a separation agreement?

These days you can find forms for all sorts of legal matters, particularly divorce and separation agreements. Many people try to use the fill in the blank agreements purporting to handle their property and debts, deal with alimony, child custody, and the child support issues.

Read More…

Adult Guardianship

Do you have a loved one who is not capable of handling his or her own personal, medical, or financial affairs?  Whether it is an aging parent or grandparent struggling with dementia, or an adult child suffering from a disability, it may be necessary to have a guardian appointed to ensure that your loved one’s affairs are appropriately managed.  In North Carolina, any interested party can initiate a guardianship proceeding. The guardianship process proceeds in two parts.  First, the court must determine whether your loved one is incompetent, meaning that he or she lacks necessary capacity to manage his or her affairs or to make or communicate important decisions concerning his or her person, family, or property.  If the court finds that your loved one is incompetent, it will then appoint a guardian to manage his or her affairs. 

Read More…