Nymatlaw – Divorce Law and Family Law Home




Archive for the ‘Family Rights’ Category

Glanzner v. State, DSS – Child Custody – Choice of Law

Under the UCCJA and PKPA a home state takes precedence for resolution of jurisdictional matters and priority of court orders. The question becomes which decree is entitled to enforcement. [...]

Written by Nymatlaw

June 30th, 2009

May v. Anderson – Child Custody – Personal Jurisdiction

A mother’s right to custody of her children is a personal right entitled to as much protection as her right to alimony. The court of a first state need not give full faith and credit to a decree from a second state awarding child custody to a parent, when that decree was obtained by the parent in an ex parte divorce action in the second state, and where the court had no personal jurisdiction over the other parent. [...]

Written by Nymatlaw

June 29th, 2009

Moss v. Superior Court – Failure to Pay Child Support – Contempt

A court order requiring that a parent support a child may require that the parent seek employment. A parent whose inability to pay court ordered child support due to a willful failure to seek and obtain employment may be adjudged in contempt of court and punished. [...]

Written by Nymatlaw

June 29th, 2009

In re Marriage of Comer – Child Support – Concealment

Concealment is not a defense if the children are still of a minor age and in need of the assistance. Estoppel is an equitable defense, and like in all equitable defenses justice must be balanced and all the circumstances weighed. [...]

Written by Nymatlaw

June 28th, 2009

Welsher v. Rager – Child Support – College Education

Welsher v. Rager, 127 N.C. App. 521, 491 S.E.2d 661 (N.C. 1997).
NATURE OF THE CASE: This family law case involved a dispute over support past the age of 18 and graduation from high school.
FACTS: W and H were divorced in 1980 and in 1985 W petitioned for a court order to recognize an agreement for [...]

Written by Nymatlaw

June 27th, 2009

LeClair v. LeClair – Child Support – College Education

A court may order a parent to contribute to the college expenses of a child even though the child has reached majority. The statute does not place a time limit on a parent’s obligation child to pay for reasonable educational expenses. [...]

Written by Nymatlaw

June 27th, 2009

Little v. Little – Child Support

The court should not use a good faith test to determine child support if a parent voluntarily leaves employment. We reject the strict rule test that merely disregards any income reduction produced by voluntary conduct and looks at the earning capacity of the party in fashioning a support obligation. [...]

Written by Nymatlaw

June 26th, 2009

P.O.P.S. v. Gardner – Child Support

The economic tables at issue are an implementation of substantive law in that has declared it to be irrelevant whether the non-custodial parent actually spent more or less than that stated on the table to support their children prior to divorce. The table indicated what parents ought to spend. [...]

Written by Nymatlaw

June 24th, 2009

Department of Human Services v. Leifester – Past Child Support

An award of past child support is enforceable even if it was obtained 14 years after the birth of the child. Under these facts, the UIFSA includes the power to issue or enforce a support order, modify a support order or render a judgment to determine parentage as well as to determine the amount of any arrearages and specify a method of payment. [...]

Written by Nymatlaw

June 23rd, 2009

Parker v. State, Dep't of Revenue, CSED – Paternity Suit

Conceiving a child in a state can establish sufficient minimum contacts to enable that state to exercise personal jurisdiction. A court can exercise personal jurisdiction over a nonresident defendant when the defendant’s contacts with the forum state are such that he could reasonably anticipate being haled into court there. [...]

Written by Nymatlaw

June 23rd, 2009