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Divorcing? What You Can Do For Your Children.
posted: August 21, 2010
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Children are often the main concern, and source of disagreement, for most divorcing couples. However, most people do not realize that with the right goals in mind, parties can divorce in a way that will allow their children to transition in an emotionally healthy manner.
When couples decide to divorce, the couple may choose to focus on co-parenting. Co-parenting is a term that is used when a divorcing couple works with each other, instead of against each other, to maintain consistency in the parenting of their children. The parents place their focus on working amicably together to raise healthy and happy children.
Consistency and communication between the two households are essential to co-parenting. This does not mean that both households need to be identical; however, similar schedules and discipline help the children deal with the changes their family is going through. In addition, both parents should stay actively involved in children’s school and extracurricular activities.
It is best to lay out the expectation of co-parenting at the beginning of your divorce proceedings. By doing so, you make it clear to your attorney and your spouse what your main goal will be. This also allows your attorney to guide you through the process with the ultimate goal of a amicable divorce in mind.
DISCLAIMER: THE INFORMATION PROVIDED ON THIS WEBSITE WAS PREPARED BY SODOMA LAW, P.C. AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT, IN ANY WAY, CONSIDERED LEGAL ADVICE. |
August 18, 2010 - Free Seminar
posted: August 11, 2010
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| Child Custody and Child Support Questions? Save the Date! Attorney Misty Hardison will lead her second free seminar offered by Sodoma Law, P.C. to help educate you, or someone you know, about issues related to child custody and child support. For more information, contact us at 704.442.0000 or email info@sodomalaw.com. Space is limited so mark your calendars and join us on Wednesday, August 18, 2010. Look forward to seeing you soon. |
Understanding North Carolina Child Support Guidelines
posted: July 5, 2010
| North Carolina uses specific child support guidelines to determine how much money the payor parent owes each month. These guidelines take into account not only the need for adequate housing for the child, but also essential items for the child’s well-being such as clothing, food, household expenses, utilities, transportation and school-related expenses. The goal of the child support guidelines is to provide consistency and financial stability in a child’s life, which includes these direct and indirect expenses.
North Carolina’s child support guidelines are based on an Income Shares Model which considers the monthly gross incomes of both parents. Gross income is a parent’s total income every month, prior to the withholding of taxes. Gross Income may not just be salary or payroll wages a parent receives from his or her respective employment. Income may be derived from any source to include income a parent may receive from stock dividends, disability payments, or any other financial resource.
Unlike the more traditional models, the Income Shares Model takes into account the income of BOTH parents, not just the payor parent. This model developed from the theory that financially supporting the child of a marriage is the responsibility of both parents. Therefore, the child should receive the same proportion of financial support from each parent’s income that the child would have received if the parents lived together. For example, if both parents work and make the same amount of money monthly, they should each respectively contribute 50 percent to the support of their child.
To ease the burdensome calculations and to determine the proportion each parent should contribute, North Carolina uses tables based on the Income Shares Model. Contact your attorney at Sodoma Law to determine your support calculation based on the tables provided or to determine whether your child support calculation should deviate, in any way, from that model. As not every child’s needs may be met within these child support guidelines, a deviation from the guidelines may be warranted.
Child support guidelines are updated every four years, and 2010 is the next scheduled year for any necessary modifications to the guidelines.
Contact your attorney at Sodoma Law to make sure your child’s rights are adequately protected.
DISCLAIMER: THE INFORMATION PROVIDED ON THIS WEBSITE WAS PREPARED BY SODOMA LAW, P.C. AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT, IN ANY WAY, CONSIDERED LEGAL ADVICE. |
Attorney Deb Dilman Receives Award from BLOC
posted: June 19, 2010
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In recognition of her dedication and commitment to Business Leaders of Charlotte, Deb Dilman received the Newcomer of the Year Award on Friday, June 18, 2010. Through this program, Ms. Dilman led sponsorship efforts to raise more than $20,000 for non-profit organizations to include McCreesh Place in Charlotte. We congratulate Ms. Dilman for her outstanding leadership and devotion to our community and to others. |
Save the Date - June 2, 2010
posted: May 14, 2010
| Attorney Misty Hardison will begin the first of a series of free seminars offered by Sodoma Law, P.C. to help educate you, or someone you know, about issues related to separation and divorce. For more information, contact us at 704.442.0000 or email info@sodomalaw.com. Space is limited so mark your calendars and join us on June 2, 2010. Look forward to seeing you soon. |
I think I need a protection order but what kind?
posted: April 18, 2010
| North Carolina provides two basic types of protective orders; a 50B Domestic Violence Protective Order and a 50C No-Contact Order.
There are two requirements under North Carolina law in order for a victim to obtain a 50B Domestic Violence Protective Order. First, a certain relationship must exist between the two parties. North Carolina General Statue §50B-1(b) states that parties must be current or former spouses, have a child together, currently share or have formerly shared a household, have a parent-child relationship, or are currently or were formerly in a dating relationship with each other. Second, statute §50B-1(a) provides that the defendant must cause, or attempt to cause, bodily harm to the victim, or place the victim, or a member of the victim’s household, in fear of serious bodily harm or continued harassment.
If the parties meet these two requirements, a victim can petition the court for a 50B protective order. Emergency 50B Domestic Violence Protective Orders are available for victims who may need immediate legal protection. In this case a formal hearing will be held within 10 days of the issuance of the emergency order. Under North Carolina General Statute §50B-3(b) Domestic Violence Protective Orders are issued for a fixed period of time and do not exceed 1 year; however, the order may be renewed, but the renewal may exceed 2 years.
For victims who do not meet the requirements for a 50B order, it may be possible for them to receive a 50C No-Contact Order. There is no prerequisite relationship that must exist between the parties to obtain this order. North Carolina General Statute §50C-2 only requires that a person be the victim of unlawful conduct, which includes stalking and non-consensual sexual acts.
If a victim meets the requirement for a 50C No-Contact Order, the victim can petition the court for a temporary or permanent order. Temporary orders are generally issued when immediate protection is needed. If a temporary order is issued, a hearing will be held within 10 days to determine if a permanent order is needed. Under North Carolina Statue 50C-8 a permanent No-Contact Order may not exceed one year in duration.
There is also a difference in the remedies available for violation of the two orders. If a defendant violates a 50B Domestic Violence Protective Order under North Carolina General Statute §50B-4.1, they may be immediatly arrested and are guilty of a misdemeanor. However, North Carolina General Statute §50C-10 states that a defendant is guilty of contempt of court if a violation of a No-Contact Order occurs.
DISCLAIMER: THE INFORMATION PROVIDED ON THIS WEBSITE WAS PREPARED BY SODOMA LAW, P.C. AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT, IN ANY WAY, CONSIDERED LEGAL ADVICE.
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Cohabitating Couples Gain Rights Through Contract Law
posted: March 23, 2010
| Cohabitation is on the rise in America. The 2000 Census found that there was a 72% increase in the number of cohabitating couples in this country during the decade between the 1990 and 2000 census. The 2000 census also reported that 144,000 unmarried couples lived together in North Carolina. These numbers are expected to increase again in the upcoming 2010 census.
Until 2006, North Carolina was one of several states with laws that criminalized the cohabitation of unmarried adults. However, North Carolina’s law was ruled unconstitutional by a State Superior Court Judge on the basis that the state’s law violated the United State’s Supreme Courts ruling in Lawrence v. Texas. 539 U.S. 558 (2003). In Lawrence, the Supreme Court found that consensual adult sexual acts, in the privacy of one’s own home, received protection under the due process clause of the 14th Amendment.
There are many reasons a couple may chose to cohabitate rather then marry; however, cohabitating couples should be aware that their rights differ greatly from people in a legally recognized marriage. The difference in the amount of protection the law provides is staggering. Unmarried couples do not share the same rights as married couples in making health care decisions for each other, inheriting property after death, and dividing property when a relationship ends.
Cohabitating couples wishing to establish some rights may do so through the use of a cohabitation agreement, also known as a domestic partnership agreement. These agreements are essentially a written contract between the couple which may outline a multitude of things; including what property each partner brings into the relation, the division of that property in the event the relationship ends, the duties of each partner in the relationship, and what will happen to the property of the relationship at the death of one partner. It is best to meet with your attorney to discuss what type of agreement would best suit you and your partner’s needs.
DISCLAIMER: THE INFORMATION PROVIDED ON THIS WEBSITE WAS PREPARED BY SODOMA LAW, P.C. AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT, IN ANY WAY, CONSIDERED LEGAL ADVICE.
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Deb Dilman Participates in 4ALL Statewide Service Day at WBTV Charlotte
posted: March 5, 2010
| Attorney Deb Dilman participated in 4ALL Statewide Service Day on March 5, 2010. The phones at WBTV in Charlotte were expected to ring constantly as citizens in all 100 counties were encouraged to call in to volunteer attorneys providing free legal information via telephone. The statewide service project coinicides with the North Carolina Bar Association's 4ALL Campaign to provide civil legal aid to the poor. Thank you to Deb Dilman for her participation and for offering her time and talent to those in need. |
Nicole Sodoma Named Charlotte's Top 50
posted: February 22, 2010
| Nicole Sodoma was honored today by Business Leader Magazine as one of Charlotte's top fifty entrepeneurs for 2010. Ms. Sodoma accepted the nomination graciously explaining she was not an entrepeneur, instead a family law attorney who started a family business for the families she serves. She explained that she loves her practice and was just fortunate enough to be surrounded by a team of people who feel the same way. Congratulations to Ms. Sodoma for her award. |
Welcome Misty W. Hardison
posted: January 18, 2010
| Please join us in welcoming our newest attorney at Sodoma Law, P.C. Misty W. Hardison joined Sodoma Law, P.C. to continue her family law practice. Ms. Hardison has already begun taking new cases. In addition, after only a week in our practice, she conducted a seminar at the Women's Commission on issues related to separation and divorce. Ms. Hardison's passion for family law makes her a natural fit for our practice. Please join us in welcoming her. |
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