NC Family Law
Full-Service Family Law Firm Serving Southeastern NC
Whether you are anticipating the joys of adoption or experiencing the frustrations of marital conflict, the Law Offices of Ron Scott, PLLC can help. We have served families in throughout the state of North Carolina area for several years. Our attorneys provide legal services in all areas of family law, including:
- Child custody
- Child support
- Child support modification and enforcement
- Comprehensive military divorce and settlements
- Division of Property(Equitable Distribution)
- Domestic Violence
- Juvenile delinquency and dependency proceedings
- Pre- and post-nuptial agreements
We assist families with all aspects of adoptions. Our attorneys handle the legalities of your adoption so that you can concentrate on your new family.
Alimony in North Carolina is payment for the maintenance and support of a dependent spouse, by several methods including lump sum or on a continuing basis. Alimony is paid by the “supporting spouse” to the “dependent spouse;” Alimony can be determined by the courts, or it can be settled out of court in the form of an agreement. Determining the amount of alimony is based upon a number of factors including The marital misconduct of either of the spouses. Additionally The relative earnings and earning capacities of the spouses. The ages and the physical, mental, and emotional conditions of the spouses. The amount and sources of earned and unearned income of both spouses, including earnings, dividends, and benefits such as medical, retirement, insurance, social security…The duration of the marriage. The contribution by one spouse to the education, training or increased earning power of the other. The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child. The standard of living of the spouses established during the marriage. The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs. The relative assets and liabilities of the spouses and the relative debt of the spouses, including legal obligations of support. The property brought to the marriage by either spouse. The contribution of a spouse as homemaker. The relative needs of the spouses. The federal, State, and local tax ramifications of the alimony award. Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper as well as the fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties” marital or divisible property. The Law Offices of Ron Scott, PLLC will make sure your rights are protected; whether you are the Dependent Spouse or supporting Spouse.
Child custody is determined by what is in the “the best interests and welfare of the child. In making the determination North Carolina Courts consider a plethora of relevant factors including but not limited to which parent can provide the most stable environment for the child, acts of domestic violence between the parties, the safety of the child, safety of either party from domestic violence and preference of the child. At times this requires work with experts such as psychologists and psychiatrists to determine which parent will be the best custodial parent for the children. As a child matures, his or her wishes are considered by the court, and often the judge will speak to a mature child in chambers and consider their wishes. Joint custody has become much more popular and many parties settles along those terms and therefore share in the decision making process. Obviously courts seek to resolve disputes amicably, but often this is not possible and therefore significant litigation is required. Divorce and custody are legal processes that are governed by North Carolina statues. Litigation in the courtroom including testimony under oath can be very stressful and intimidating. The Law Offices of Ron Scott, PLLC will be with you every step of the way including preparation in the event your matter becomes protracted such that a trial is required. However In actuality 90% percent of cases will settle.
In North Carolina, Child Support is dependent on the needs of the child, but generally the courts apply a numeric formula. Moreover, unless circumstances otherwise warrant, the father and mother are primarily liable for the support of a minor child. Every Child deserves to enjoy the same lifestyle they had when their parents were married. Child support orders attempt to make this possible. Just because two adults decide to divorce, your children should not suffer because your marriage ended. No matter what type of dispute you’re involved in, you deserve an attorney who will advocate for your rights and who will protect your rights in caring for your children. Child Support in North Carolina is often settled by the parents of the child by agreement. Generally parents come to agreement based upon the North Carolina Child Support guidelines. The guidelines provide for those families with incomes of less than $300,000 per year. When child support is not paid as ordered the court has the inherent authority to hold a child support obligor in contempt for nonpayment.
Child Support Modification and Enforcement
Child support payments do not change unless the court modifies the child support order. If either the custodial or noncustodial parent experiences a significant change in circumstances, our attorneys can guide you through the proper legal procedures to modify your child support payments accordingly.
The State of North Carolina is a “No Fault” State when it comes to obtaining an absolute divorce to sever the bonds of matrimony. “No Fault” does not however mean the Court will not consider evidence of a spouses marital misconduct in certain claims of relief filed in dissolving the marital union, for example Alimony. “No Fault” simply means for purposes of obtaining an “absolute divorce”- such that a spouse can enter the bonds of matrimony with another individual, whether or not that particular person caused the prior union to end is irrelevant if the parties have lived separate and apart for more than one year. There are however three types of Divorce. Call the Law Offices of Ron Scott, PLLC to help identify whether the facts exist to obtain the same and explain the process.
Division of Property – Referred to as Equitable Distribution:
The rights to equitable distribution (“ED”) of marital property vest at the time of the parties’ separation. The rights to the same are not, however, automatic, but must be specifically pled or claimed by one or both of the parties. Upon application of a party, the court shall determine what is the marital property and debt and shall provide for an equitable distribution unless an unequal division is appropriate. There are a number or factors that determine whether the division of the martial assets and debts should be divided equally.
A final property judgment may be rendered either before or after the parties are divorced, at the discretion of the court. If the judgment is being entered by consent, the parties may stipulate to do so preceding the divorce.
In some instances temporary orders requesting certain relief are obtainable under the terms of special statutory provisions to prevent disappearance, waste or conversion of property alleged to be marital or separate, and further for entry of orders for dividing part of the marital assets. The partial distribution may provide for a distributive award. Temporary Orders entered to prevent disappearance, waste or conversion is available before or after an action for equitable distribution has been initiated. There are defenses that can be asserted against a claim for equitable distribution. Ron Scott will ensure your rights are protected.
Domestic violence often happens behind closed doors; and is ostensibly pervasive in certain circumstances and careers; it invariably leaves lasting wounds and ruins the lives of nearly millions wives and children as well as those who love us most relatives and friends. More women in the United States are harassed, injured and emotionally traumatized each year by their husbands or partners. Studies show that violence occurs at least once in two-thirds of all marriages. Approximately 95% of the victims of domestic violence are women. And often physically abused children have witnessed the physical violence. These experiences leave indelible trauma upon spouses, and children unless they receive the counseling and treatment needed address the hurt otherwise, many children internalize and grow up to become abuses themselves; Ron Scott strives to address every domestic violence situation and implement every mechanism available in the courts to protect his clients.
Juvenile Delinquency and Dependency Proceedings
Our attorneys are skilled at maneuvering through the complex laws of the North Carolina Juvenile Code. Contact the Law Offices of Ron Scott, PLLC to protect your parental rights as well as the rights of your children from the interference of government authorities.
Mediation puts the decisions in your hands, and can often provide more expedient, predictable results than a trial. Our skilled negotiators can help you obtain the most equitable divorce settlement.
Pre- and Post-Nuptial Agreements
We expect the unexpected and drafts premarital agreements that protect both spouses’ interests and that can alleviate some of the stress should you ever divorce.