While most people DO get together with their families for at least one of the upcoming holidays, it is rare that the PLANNED discussion involves estate or long-term care planning. However, I have found in my years of practice, that while these discussions are not usually planned, they often occur nonetheless, rather spontaneously. There are…
Details
North Carolina Child Support Guidelines Child support generally is resolved by an application of the North Carolina Child Support Guidelines, which are adopted by the Conference of Chief District Court Judges at least once every four years. The current guidelines were adopted in 2011, so they will likely be revised sometime in 2015. When do…
Details
Chapter 13 bankruptcy is based on the principle of debt reorganization, rather than asset liquidation—you take all of your debts, put them into a pile, and then make repayments into that pile over a three to five year period. (If you need more information about the basic difference between Chapter 7 and Chapter 13, look…
Details
Often, as part of the separation and divorce process, couples have to resolve issues related to post-separation support (PSS) and alimony. What do the terms “Post-Separation Support” and “Alimony” Mean? PSS and alimony are both claims for spousal support. An essential requirement for both claims is that the claimant be a “dependent spouse” and that…
Details
As an Elder Law attorney, it is rare that my clients show up alone. Most have family members (usually their adult children) along, who are there to offer emotional support, moral support, and, often, a safe ride to and from the appointment. The adult children who show up are usually quite intricately involved in their…
Details
In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act, known more familiarly for its unwieldy acronym/nickname, BAPCPA (pronounced “bap-see-pa”). One of the critical, and most criticized, inventions of BAPCPA was the creation of the “means test.” The key principle behind the means test was the idea that individuals with high levels of…
Details
Probate is the process of administering a decedent’s (deceased person’s) estate. The word “probate” comes from a Latin word, probare, which means “to prove.” After your death, the person who approaches the clerk of court to begin administering your estate must first “prove” either of two things: 1) that your Will, if you have one,…
Details
We often receive questions from clients who are thinking about loaning money to a friend, family member or business associate, or are thinking about co-signing a loan with them. Sometimes our clients are thinking about “seller-financing” someone else’s purchase of real estate or a vehicle they own. In these situations, our clients are putting themselves…
Details
In North Carolina, there are many statutory and common law protections in place that help a debtor keep their wages and property, even in the face of claims by credit card companies or other creditors. North Carolina has stringent restrictions on wage garnishment, about which you can learn here. Even outside of the wage garnishment context,…
Details
When a marriage ends through separation and/or divorce, two of the primary issues the spouses have to deal with are custody of minor children and dividing marital property and responsibility for marital debts. But what about beloved family pets? For many of us our dogs, cats, fish and other pets are an important part of…
Details