If wife filed a complaint requesting child support, alimony, and property distribution in Watauga County and a few weeks later, while wife’s claims remained pending in Watauga County, husband filed a complaint requesting property distribution in Hyde County, the common law doctrine of abatement would allow wife to ask the court in Hyde County to dismiss husband’s complaint. Abatement, also called the prior pending action doctrine, provides that:

One of the many unique features of the juvenile justice system is the law related to the permissible uses of detention. Called secure custody in the Juvenile Code, placement of a juvenile in detention is permitted only when specifically authorized by statute. This post reviews the legally allowable circumstances for the use of juvenile detention. If the situation of a particular juvenile does not match any of these circumstances, then the juvenile cannot be ordered to be held in a detention facility. Note that detention applies only to juveniles who are the subject of delinquency or undisciplined proceedings and is never permitted in an abuse, neglect, or dependency action. Continue Reading

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