News | Wake Family Law

Coronavirus and Modifying Your Support Obligation

March 31, 2020 by WFLG Attorney

The restrictions imposed to slow the spread of the coronavirus has 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 it 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.

By Nancy L. Grace

COVID-19: An update from WFLG

March 16, 2020 by WFLG Attorney

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 Attorney

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 plans 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.

By Rachel C. Beard

How to Conduct Yourself in the Courtroom

April 29, 2019 by WFLG Attorney

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 about 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.

By Melanie C. Phillips

Spring Break and International Travel–get those documents ready!

April 8, 2019 by WFLG Attorney

Thinking of taking a Spring Break trip with your kids out of the country? Before you buy those plane tickets or make that hotel reservation, here’s some food for thought… minors under the age of 16 cannot apply for a passport by themselves. Unless one parent has sole legal custody of the children under a court order, both parents and the child must appear in person to apply for the passport. If only one parent appears, that parent must have the other parent’s signed, notarized consent on the State Department’s Form DS-3053. In addition to a valid passport, many countries, like Mexico, require a parent traveling with a minor child without the other parent to have a notarized document from the other parent showing his or her consent to travel to that country. So, before you start planning your Spring Break trip or summer vacation with your kids out of the U.S., it is a good idea to check out the valuable information on the U.S. Dept. of State’s website: www.travel.state.gov.

By Nancy Grace

Schilawski O’Shaughnessy Grace King & Mauney, PLLC