News | Wake Family Law Group

New order from the N.C. Supreme Court includes more COVID-19 changes

April 3, 2020 by wflg-staff

Chief Justice Cheri Beasley signed an Order on Thursday, April 2, 2020 that created additional measures to help the courts do their part to help combat Covid-19. Here is Chief Justice Beasley’s Order (hyperlink: https://www.nccourts.gov/assets/news-uploads/2%20April%202020%20-%207A-39%28b%29%282%29%20Order%20%28Final%29.pdf?UqRJH9wO2z3oEU4GW3Eg9rxRuFvTlixn).

Pursuant to Chief Justice Cheri Beasley’s order, all Superior and District court proceedings scheduled before June 1, 2020 must be continued unless the proceedings meet certain criteria. In the family law arena, the courts are still hearing domestic violence cases, emergency custody cases and temporary restraining orders.

Even though most of the family law courtrooms have closed, Chief Justice’s Beasley’s order does include directives which can help litigation move forward. For example, in North Carolina, a claim for post-separation support must be verified, which requires a party to swear under oath in front of a notary that the claims made are true to the litigant’s knowledge. Emergency Directive 5 allows litigants to affirm their pleadings rather than have them verified, so that litigants may file affidavits, complaints or motion without having to go meet a notary public.

The Chief Justice also changed how service can occur in North Carolina. If a party agrees in writing, he may be served by email instead of the mail. This is a significant change and one that should not be agreed to without thoughtful consideration. If you are involved in litigation but do not have any attorney, our attorneys are available to discuss these changes with you and what you should be doing about your case.

These changes are in place until May 1, 2020, but Chief Justice Beasley’s order recognizes that she may need to extend these directives until June 1, 2020.

There are alternatives to the courthouse, however. If you and your former partner want to get or keep things moving, there are options such as mediation or arbitration. Our office is offering mediation and arbitration through video conferences, and we’re still working hard every day for our clients. If you need to talk to an attorney about your family law issue, please contact us at 919-787-4040 or through our website, www.wakefamilylawgroup.com.

Coronavirus and Modifying Your Support Obligation

March 31, 2020 by wflg-staff

By Nancy L. Grace

The restrictions imposed to slow the spread of the coronavirus have impacted people’s lives in numerous ways. As a result of the coronavirus pandemic many have lost their jobs, have had to close their businesses, or experienced a drastic reduction in income. You may now or in the near future be facing significant financial strain. If you have a court ordered child support and/or alimony obligation, it is important to understand what your options are and to take action now.

Child support and alimony obligations set out in a court order are modifiable based upon a substantial change of circumstances. A significant and involuntary decrease in your income is typically sufficient to meet this “substantial change of circumstances” threshold for requesting a modification of your child support or alimony obligation. As a general rule, support obligations are vested when they become due and cannot be retroactively modified. However, if a motion to modify is filed now, a court hearing that motion in the future can make the modification effective back to the date that the motion to modify was filed.

So, if you are facing a financial reversal which makes it difficult or impossible to meet your court ordered child support or alimony obligation, remember… you cannot just lower your payment or stop paying. You must file a motion to modify as soon as possible. At Wake Family Law Group, we are here to assist you with that process or with advice regarding any other family law issue that may arise during this difficult time. Call our office at 919-787-4040 to set up a telephone consultation with one of our attorneys. For more information, visit www.wakefamilylawgroup.com.

COVID-19: An update from WFLG

March 16, 2020 by wflg-staff

The WFLG team is being proactive to take precautionary measures to do our part to slow the spread of COVID-19 and to protect our clients, staff, colleagues, and other members of our community.

While our office space at North Hills is not the busy, bustling place it usually is right now (intentionally so!), we have taken steps to allow team members to work from home, limit the number of people physically in the office at the same time (#lysol), and have been working with clients to discuss options of handling meetings via phone conference and other creative ways to communicate.

Luckily this will not affect our ability to deliver quality legal services and serve your needs.

It will be mostly business as usual for our team, as we’ll continue to be available for your needs and concerns. You’ll hear the same friendly voice when you call the front desk. If you are a current client of the firm or a prospective client, please know we’re here for you—even if it isn’t always “here.” Most of our cases are paperless, so our files are always available on our secure network. We are continuing to take new cases, settle and negotiate existing cases, plan for future court dates, and mediate, arbitrate, and parent coordinate. Please call, email, or message us any time. We know that with the challenges of the days ahead, you may need us more than ever.

Like you, we are being patient and proactive as we prepare to ride out the COVID-19 storm together!

Co-parents: Time to think ahead about COVID-19 planning

March 12, 2020 by wflg-staff

By Rachel C. Beard

Today, Governor Roy Cooper announced that North Carolina now has 12 cases of Coronavirus and told North Carolinians to expect “some tough decisions” in the coming days. Seattle has closed public school for two weeks, colleges are canceling classes and even in Raleigh, Ravenscroft is moving to a virtual teaching model starting March 16.

Now is the time to make plan for families to start making “What if” plans – What if schools are closed? What if there’s a mandatory quarantine? What if a parent gets diagnosed with Coronavirus? For divorced parents or parents who aren’t in a relationship, these decisions can be particularly fraught, which is why conversations need to start now.

Reach out to your co-parent, or your parenting coordinator if you are in a high-conflict custody situation, and determine who is more able to take care of the children in the event of a long-term school closing. Set up plans for Skype or Facetime or perhaps consider agreeing to temporary shifts of your custody arrangements to accommodate a changing environment. Making plans now can save you from additional stress if the Triangle gets hit harder by this virus.

If you need help navigating a plan, contact us and we’ll be happy to help.

How to Conduct Yourself in the Courtroom

April 29, 2019 by wflg-staff

By Melanie C. Phillips

Few people find themselves in a courtroom regularly, and if you have an upcoming hearing or trial for your family law case, you may be asking yourself what the proper decorum is in a courtroom. For those not in the know, here are some helpful tips:

Dress nicely. While you don’t necessarily need to wear a suit, wearing business casual dress attire demonstrates your respect for the court and starts you off on the right foot. Think what you would wear to church (if you attend) or for a job interview.
Do not talk during a hearing out of turn. You should generally not interrupt witnesses, attorneys, or the judge, or whisper to your attorney during a hearing. If you need to tell your attorney something, write it down. Also, keep in mind the microphones at each party’s table will probably pick up any whispering or “under your breath” comments you make on the court recording.
It is customary to stand when you are speaking to the judge unless you are on the witness stand testifying.
Do not grimace, shake your head at the opposing party or his attorney, or make inappropriate facial or body gestures during the hearing. The judge is assessing your credibility and character from the bench, and he or she can see quite well from the bench.
Do not bring witnesses or a support system with you who can’t follow these rules. Judges can see everything from the bench (see #4), and this will reflect poorly upon you.

Schilawski O’Shaughnessy Grace King & Mauney, PLLC