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Charlotte Legal Blog

Closing joint bank accounts

When couples in North Carolina decide to end their marriages, financial matters are often of significant concern. Most married couples have intertwined finances, and it can take both time and effort for the spouses to disconnect their finances from those of their ex-husband or ex-wife.

Even when a divorce is amicable, finances can be a touchy subject. One way to begin this process and avoid potential future conflict is to close joint bank accounts. Doing so not only helps to prevent conflict over shared funds and financial responsibilities, but it also allows each spouse to rebuild their personal finances.

How divorce affects the family home

Many people don't have a house after they divorce. They may have surrendered their home to their spouse as part of asset division, gained a percentage of the home's value in a split, or been bought out. Regardless of the circumstances, some divorcees look to get a new home and likely a new mortgage to go along with it. A divorce can have some surprising effects on a person's ability to qualify for a home loan, so it is important Charlotte residents be knowledgeable and prepared.

The most obvious impacts are those to income and credit score. There are a few options when it comes to retaining the marital residence or acquiring a new home soon after the divorce. Marital income can no longer be considered, so debt-to-income ratios tend not to favor a newly-divorced individual. Prospective lenders may also pay closer attention to various types of income. For example, income from commissions, bonuses or a part-time job may not be considered unless they are reflected on at least two years of tax returns. Alimony may need to be collected for up to six months before being considered.

How to request a child support modification

Once the court calculates how much you owe in child support, you are expected to pay this amount in full and on time every month.

While this is all well and good if your circumstances remain the same, you never know what the future could bring. Things have a way of changing over the years.

Health care uncertainties and divorce

Amidst the uncertainties that have resulted from the attempted repeal and replacement of the Affordable Care Act, experts say that many couples are delaying their divorces. For North Carolina spouses who are considering divorce, the uncertainty of future health care coverage and costs might be cause to wait for an official separation.

For couples with pre-existing conditions, particularly where one of the spouses is not working, the uncertainty of what health care will look like, particularly depending on the bill the federal government tries to pass, is a major focus point. About 10 years ago, couples could choose a legal separation instead of a divorce so that a spouse could remain under the other's work plan. However, that option is no longer available.

How to handle child support payments

Parents who owe child support in North Carolina must pay it as ordered until that order changes. As a general rule, parents should make a good faith effort to keep up with their payments. Doing so shows that there is a true change in circumstance preventing them from paying as opposed to simply not wanting to anymore. It is a good idea to document the change in circumstance before asking for a modification.

If a parent is going through a medical issue, it may be a good idea to keep records of all expenses related to that issue. If a parent loses his or her job, it may be a good idea to keep a termination letter or unemployment records. Those who may get along with their child's other parent may want to work out an arrangement with that parent first.

How does a spouse's cheating affect a divorce case?

According to The Independent, cheating affects nearly one-third of couples in the United States. Going through a divorce is difficult, and the process can be even tougher when accusations of cheating are involved. The spouse you thought you trusted has betrayed you, and now there's no easy way out. 

For men and women worried about the divorce process due to an estranged spouse's indiscretion, there are certain legal considerations to be aware of through the proceedings. What makes a case involving cheating unique?

Alcohol education and treatment programs following a DWI

In general, a North Carolina resident who is convicted of a DWI is required to get a substance use assessment and successfully complete a substance abuse education program or a treatment program. However, there are different types and levels of education programs and treatment programs available, though the program a defendant may be required to complete depends on a variety of factors.

The factors that can determine what type of program will be required includes whether or not the defendant has prior DWI convictions, if another person was seriously injured or killed during the drunk driving incident and whether or not the defendant has already participated in a similar program. Additionally, those who have a blood alcohol content of more than .14 percent will be automatically referred to treatment.

Will a speeding ticket cause me to lose my license?

As a driver, you do your best to follow the rules of the road at all times. However, there may come a time when you find yourself breaking the law, even if you aren't doing so on purpose.

Many people worry about getting a speeding ticket, as this can negatively impact your life in a number of ways.

Parenthood increasingly central to dads' lives

For Charlotte fathers, parenthood is becoming increasingly central to their personal identity and sense of self. The concept of fatherhood in the United States has gone through strong shifts in the past several decades, with a turn toward highly active involvement in care and child-rearing.

A survey conducted in 2015 by the Pew Research Center highlighted how important fatherhood is to their self-image. Approximately equal numbers of fathers and mothers highlighted parenthood as essential to their self-definition. An even higher percentage of fathers indicated that parenting is always rewarding.

How to prepare for life in a blended family

There may be many financial issues that North Carolina divorced parents who are remarrying have to think about when combining their families. Parents who may have more money or may be bringing more assets into the marriage may need to figure out how to use those resources in a fair manner. In some cases, those assets may have been meant to provide for that person's biological child. However, it may not be fair to ignore the needs of a new spouse's biological child.

A prenuptial agreement may help parents creating a blended family avoid financial issues both now and in the future. One of the best reasons to consider such an agreement is that full disclosure is required when creating the document. This means that both sides fully understand how much money the household brings in, what its debt load may be and what will happen to assets being brought into the marriage.

Contact Our Law Firm Today

You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that. To schedule a consultation, please call our office in Charlotte at 704-323-7833 or 877-851-1934, or contact us online.

Plumides, Romano, Johnson & Cacheris, PC
301 South McDowell Street, Suite 130
Charlotte, NC 28204

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Phone: 704-323-7833
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