Meet Austria. She’s one of the loves of my life. We’ve been together for more than 10 ½ years. She has been a witness to my life during that time – loving me unconditionally, making me laugh daily, going on multiple daily walks as part of my own self-care, sleeping with me when I’m sick, comforting me when times are hard, vacationing with me (I’ve driven the I-95 corridor from Miami to Portland, Maine more times than I can count so she is with me during family visits), helping me transition to North Carolina, meeting friends, sharing bags of Doritos (my weakness when writing or driving), watching me leave and waiting for me to get home in her princess and the pea pile of dog beds in front of the window, and so much more. She is a joy. She is a dog of a lifetime. She is my family.

As with child support, spousal support orders are most often enforced by contempt after a supporting spouse has failed to comply with the order. G.S. 50-16.7(j)(postseparation support and alimony are enforceable by civil and criminal contempt). However, G.S. 50-16.7 sets out other mechanisms that can be used as an alternative or in conjunction with contempt to enforce support orders when an obligor fails to pay. That statute also sets out several mechanisms for securing the future payment of an alimony award at the time the court orders that support be paid. Several of those mechanisms are authorized by G.S. 50-16.7(b), which states broadly that

Comprehensive clinical assessments (CCA’s) are frequently completed—and sometimes required—prior to ordering a disposition in a delinquency matter. G.S. 7B-2502(a2). You can find more information about when the statutory requirement is triggered in a previous blog.  CCA’s contain information about the juvenile’s mental health and they may also contain information about substance use disorder treatment. These kinds of information are covered by federal confidentiality laws that are not specifically addressed by the Juvenile Code. While the federal laws generally prohibit disclosure absent a valid patient authorization, courts can order disclosure after following the required procedure and making certain findings. The North Carolina Administrative Office of the Courts (NCAOC) recently released new and revised forms that are structured to provide the court access to CCA’s while complying with the requirements of federal confidentiality laws. This post explains why and how to use the new and revised forms. Continue Reading

Recently, the School of Government offered a webinar on single protective arrangements and single transactions under G.S. 35A-1121, which was enacted into law by Session Law 2021-53 and applies to proceedings initiated on or after October 1, 2021. Meredith Smith and Timothy Heinle of the School of Government joined Catherine Wilson, an attorney with McPherson, Rocamora, Nicholson, Wilson & Hinkle, PLLC, and Matt Kraus, legal counsel with the N.C. Administrative Office of the Courts, to discuss some of the key questions and issues raised by this new law. Clerks of superior court, guardian ad litem attorneys, private attorneys, and directors, attorneys, and social workers from various departments of social services across the state participated in the webinar.

A recording of the webinar can be found here, where the presentation can be viewed for free. In the coming weeks, the video will be added to the online training library  for the SOG’s Public Defense Education group, which will offer the option of purchasing access to the webinar for CLE credit.

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Although the vocabulary of preclusion can be convoluted, the core concept is not: preclusion prevents relitigation of matters that have already been decided. The doctrine is intended to protect both litigants and the courts from unnecessary litigation and to respect the finality of judgments. You might think of it as a policy against allowing a second bite at the apple.