Barri Payne, Durham Divorce Lawyer
Board Certified Specialist in Family Law
Certified Family Financial Mediator
Barri Payne Family Law & Mediation
1911 Hillandale Rd Suite 1030
Durham, NC 27705
919-808-2826 Telephone & Fax
How is child support determined in North Carolina? Is it a specific percentage of the non-custodial parents’ income? No, there is not a set percentage. Child Support is calculated using the N.C. Child Support Guidelines using each party’s income, the child care expenses, the medical insurance costs for the children...
Can my custody or child support terms be changed later? Yes, if the terms were set forth in a court order they can be changed later upon a showing that there has been a substantial change in circumstances since the date of the last order affecting the welfare of the...
Are retirement accounts considered marital property and can they be divided by the Court? Yes, if they were earned during the marriage they are marital property. This is true even if the spouse did not make any contributions themselves, and all funds were contributed by the employer. If the employment...
When can kids decide on their own which parent they want to live with? There is no set age in N.C. as to when this can occur. It is in the Judge’s discretion whether to speak to children and give them any input into the determination. Judges vary as to...
Can the Court force my spouse to move out of the home? In certain circumstances this can be accomplished particularly if there is domestic violence or substance abuse occurring. Contact us to discuss this further. Sometimes an amicable agreement to separate can be reached once you hire counsel who can...
What issues can we cover in a Separation Agreement? You can address all issues arising from your marriage and separation except you cannot contract about getting an absolute divorce. You can agree on child custody and visitation, child support, alimony, the division of all your marital assets and debts from...
What is alimony and can I get it? Alimony is spousal support, i.e. support for either spouse over and above child support. You may be entitled to alimony if you have been the dependent spouse during the marriage, have not committed adultery, have been supported by your husband or wife,...
Can my spouse and I agree we have been separated for over a year? In other words, if we agree, does it matter when one of us actually moves out of the house? No, you cannot “agree” on a separation date. When you file the Complaint you will have to...
In N.C. you have to live physically separate and apart for one year before filing for divorce. You can work to resolve all other issues, such as child custody, child or spousal support, equitable distribution of property, etc. either by agreement or in some instances through the Court prior to...
If my case goes to trial, will the Judge hear about what we discussed at the mediation? No. The negotiations that occur as part of a mediation are confidential and cannot be disclosed at trial to a Judge or jury. Neither party may subpoena the mediator and require the mediator’s...
From her family law office in Durham, Barri Payne serves clients in Durham County, Orange County, Chatham County and Wake County, the North Carolina cities of Durham, Carrboro, Chapel Hill, Hillsborough, Goldston, Pittsboro, Siler City, and Wake Forest.
Barri Payne, Durham Divorce Lawyer
Board Certified Family Law Specialist
Certified Family Financial Mediator
Payne Family Law & Mediation
1911 Hillandale Road Suite 1030
Durham, North Carolina 27705
Phone & Fax: 919-808-2826
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