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  • Grandparents' Rights

    • Are there any requirements for a pre-existing relationship between grandparents and grandchildren in North or South Carolina?

      Generally speaking, to seek visitation rights in North or South Carolina, you must not only establish that the child’s family is no longer “intact” but also that you have a pre-existing relationship with your grandchild. This is true when a stepparent or adoptive parent adopts your grandchild and interferes with your relationship with your grandchild. Typically, you will need to present clear evidence of a long-standing, pre-existing relationship with your grandchild. You’ll also need to prove that a continued relationship with your grandchild will be in your grandchild’s best interests.

    • Can a parent’s objection to grandparents’ rights be overcome in court?

      In some cases, yes, it is possible to overcome a parent’s objections to a grandparent’s visitation rights. However, this is relatively rare. In all cases, the court will rule in favor of the best interests of the child. This often means in favor of the parent’s wishes, as parents are granted an automatic right to raise their children as they see fit.

      However, the court may overrule a parent’s objections to grandparents’ rights if the grandparent can prove that they have a long-standing, pre-existing relationship with the grandchild that is beneficial to the grandchild’s best interests and the child’s parent (or parents) is refusing to allow this bond to continue. We strongly recommend that you consult an experienced grandparents’ rights attorney for help with your case, especially if the child’s parents object to your visitation rights.

    • Can a grandparent’s visitation or custody rights be terminated in the future?

      Yes, the court may terminate a grandparent’s visitation and/or custody rights even after initially granting them. This may happen at the request of the child’s biological or adoptive parent or guardian or due to other factors.

    • How can a family’s history of domestic violence impact grandparents’ rights cases?

      Sadly, domestic violence often plays a role in grandparents’ rights cases. When a child is the victim of domestic violence or neglect by one or both parents, the court may award custody rights to a grandparent. Similarly, the court can rescind custody rights if it finds that a grandparent has engaged in domestic violence against a grandchild or another household member.

    • How can a family law attorney assist grandparents who are seeking rights in North or South Carolina?

      Our family law attorneys can help you understand your rights as a grandparent under North or South Carolina law. These are complex, emotionally fraught cases; our team understands the sensitive nature of these matters and provides compassionate, personalized legal counsel and guidance throughout the entire process. We are here to not only answer your questions and explain your legal rights but also to exercise those rights when necessary. We can assist you in requesting visitation or custody rights for a grandchild or multiple grandchildren. We can also help you request modifications to an existing court order and navigate other unique legal challenges.

  • Estate Planning

    • What is the difference between a will and a living will?

      Though they are often confused, a last will and testament (or simply a “will”) and a living will are two very different documents. While a will outlines how you would like your assets to be distributed among your heirs and named beneficiaries upon your death, a living will is used to state your medical care preferences when you face specified terminal illnesses or health conditions. A living will is also sometimes referred to as an “advance directive for a natural death” and can be used to outline your wishes regarding end-of-life care.

    • Do I need an estate plan even if I don’t have significant assets?

      A comprehensive estate plan goes beyond planning for your financial assets. Even if you do not have significant assets, an estate plan can be used to protect your loved ones and your legacy. An estate plan can also include documents outlining how you would like your sentimental items to be distributed upon your death, as well as your wishes regarding end-of-life care. You can use an estate plan to name a power of attorney, or someone who is authorized to act on your behalf in certain financial or healthcare situations should you be unable to make decisions for yourself. You can also appoint a guardian for your minor children or children with special needs. For these reasons, it is important to create an estate plan regardless of the size of your estate or the financial value of your assets.

    • I’m still young; do I really need an estate plan now?

      Everyone can benefit from creating an estate plan, regardless of age. Unfortunately, the truth is that we do not know what the future holds; even if you are young, it is a good idea to plan for the future of your assets and loved ones. This is especially true if you are a parent, as you can use an estate plan to appoint a guardian for your children.

    • What happens if I die without an estate plan in North or South Carolina?

      If you do not have a last will and testament, trust, or other estate planning documents outlining how you would like your assets to be distributed among your heirs and beneficiaries when you pass away, your assets will be distributed according to intestate laws. These laws differ slightly from state to state, but generally mandate that your assets be distributed to your closest living relatives first, such as a spouse or child, then more distant relatives, such as a parent or sibling. If no such relatives exist, your assets will be divided among even more distant living relatives and/or your next of kin.

    • Can I make changes to my estate plan after it’s created?

      Most estate planning documents—except for irrevocable trusts—can be altered, adjusted, or modified after they are created. This means that you can change your will, name new beneficiaries or trustees, appoint a different guardian for your children, or change your mind regarding your end-of-life care. At Collins Family Law Group, we help clients create and modify estate plans to better meet their needs.

    • How can estate planning help minimize estate taxes?

      There are certain things you can do to help minimize estate taxes (also known as inheritance taxes) in North and South Carolina. The best way to do this is to establish a trust. By placing assets into a trust, you can reduce the taxable value of your estate, meaning you will lower the amount that must be paid in estate taxes.

      You can also gift assets before you pass away to help avoid estate taxes. North and South Carolina do not have gift taxes, and gifting assets can allow you to take advantage of certain gift exemptions to further reduce the taxable value of your estate.

      Other options for minimizing estate taxes in North and South Carolina include utilizing martial deductions, investing in life insurance, and creating a last will and testament to aid in minimizing probate-related fees and other expenses for your loved ones.

  • Medicaid Planning

    • Can Medicaid planning be done even if I have assets?

      Yes, if you have assets—regardless of their value—you can still benefit from Medicaid planning. In fact, working with a knowledgeable Medicaid planning attorney is especially recommended for those with considerable assets, including countable assets over $15,000 (or $30,000 if you are married), as planning considerations become significantly more complex with higher assets.

    • What is a Medicaid asset protection trust?

      A Medicaid asset protection trust (MAPT) is a type of trust that allows an individual to shield certain assets from being counted when it comes to qualifying for Medicaid. Medicaid eligibility is based on numerous factors, including “countable assets,” which must fall below a certain threshold. An MAPT can help you retain assets without having them count against you and, therefore, disqualify you from Medicaid coverage.

    • Can I keep my home and still qualify for Medicaid benefits?

      In many cases, yes, you can keep your home and still qualify for Medicaid. Most primary residences are considered “non-countable” assets, meaning they do not count when totaling assets for Medicaid eligibility. To be considered a non-countable asset, your home equity interest limit must fall below a certain threshold. This amount can change from year to year and may depend on your location.

      Our attorneys can help you devise strategies for retaining your primary residence while seeking Medicaid benefits. Get in touch with us today to learn more.

    • How can a Medicaid planning attorney assist me?
      Our Medicaid planning attorneys can help you navigate the many complex and unique challenges that arise when applying for or receiving Medicaid. We help both individuals and families navigate the complex rules and regulations of the Medicaid program. Our experience lies in developing strategies to protect assets while ensuring eligibility for long-term care benefits. We provide guidance on trusts, transfers, and other legal tools to help clients successfully plan for their future healthcare needs.
  • Spousal Support

    • When can spousal support be modified in the Carolinas?

      In North and South Carolina, an individual may request that a spousal support order be modified when there has been a “substantial and material change in circumstances.” Certain events qualify as being significant enough to warrant a spousal support modification. These include the loss of a job, a new illness or injury, a disability, an increase or decrease in income, an inheritance, a change in one spouse’s living situation, or a financial emergency.

      Not all changes in circumstances qualify for a modification to an existing spousal support order. For example, if one spouse was raising a young child and is now returning to work, this may not be considered a substantial change in income. The same is true if one spouse experiences a temporary or particularly brief change in income, suffers from health issues that do not affect their financial situation, or accumulates debts that the judge deems unwarranted (e.g., debts related to unnecessary and/or excessive purchases).

    • Is spousal support tax deductible for the paying spouse and taxable for the recipient?

      In the past, alimony was tax deductible for the paying spouses in both North and South Carolina. However, recent legislation in both states has changed this. Now, in North and South Carolina, spousal support payments are no longer tax deductible for the paying spouse or taxable for the receiving spouse. This is true of any divorce agreement that occurred in 2019 or later.

    • How does marital misconduct/infidelity impact spousal support in NC and SC?

      In some cases, marital misconduct—or infidelity during the marriage—can affect an alimony award. In North Carolina, the judge may consider whether one spouse had an affair during the marriage and use this as a reason to refuse spousal support to the cheating spouse. Additionally, judges in North Carolina are required to award spousal support to the dependent spouse when the other spouse had an affair before the couple separated.

      There may be some exceptions to this rule. When both spouses commit adultery, the judge can review the details of the case before deciding to award alimony and to whom alimony should be awarded (if anyone). Additionally, if one spouse had an affair during the marriage, but the other spouse “condoned” the behavior—e.g., by continuing to live and remain married to the cheating spouse after learning of the affair—the judge may decide not to award spousal support.

      In South Carolina, judges are prohibited from awarding spousal support to spouses who commit adultery if the affair occurred before the two spouses signed a marital settlement or property agreement and before the court ordered separate maintenance and support (in applicable circumstances). Additionally, SC judges can use the presence of infidelity in a marriage to award alimony to the other spouse, as well as how much the innocent spouse will receive.

  • Separation Agreements

    • Can a separation agreement be modified after it’s been signed?

      In North and South Carolina, separation agreements are legally binding—but this does not mean that they are set in stone. In both states, separation agreements can be modified after they have been signed. For changes to be considered valid and enforceable, they must be made in writing. Additionally, both parties will have to agree to and sign the new separation agreement after the modifications have been made.

    • Is a separation agreement necessary if spouses agree on all terms of separation?

      Separation agreements are not legally required, regardless of whether the couple agrees or disagrees with the terms of separation. However, even if you and your spouse agree on everything, it is a good idea to have a separation agreement in place. Separation agreements can provide a clear structure for the various aspects of your separation and eventual divorce, such as how assets and debts will be divided, what will be considered marital vs. separate property, whether either spouse will receive spousal support, and how child custody and support will work. Having all this in writing can save significant time, money, and stress as you navigate the separation and divorce processes.

    • Can a separation agreement be used as evidence in divorce proceedings?

      Because separation agreements are not required to get a divorce in North or South Carolina, they are often not considered usable evidence in divorce proceedings. Separation agreements are typically used to settle the various aspects of a divorce outside of the court system; if the case eventually goes to family court, the judge may rule on the aspects of the divorce regardless of what is outlined in the separation agreement.

      That being said, a separation agreement may count as evidence in divorce proceedings in certain circumstances. If both spouses agree to incorporate the separation agreement into the final divorce judgment, the agreement could be considered evidence.

      The best thing to do in these situations is to enlist the assistance of an experienced family law attorney, like ours at Collins Family Law Group. We can help you review your legal options and devise a strategy designed to protect your rights. Get in touch with us today to learn more.

  • Divorce

    • What are the residency requirements for filing for divorce in the Carolinas?

      In North Carolina, either you or your spouse must have lived in the state for no less than six months immediately before filing for divorce. In South Carolina, either you or your spouse must have lived in the state for no less than one year before filing for divorce.  If both spouses are currently residents of South Carolina, the rules are more straightforward. Under this condition, the plaintiff is only required to reside in the state for three (3) months before filing a Complaint for divorce.

    • What are the grounds for divorce in North Carolina and South Carolina?

      Both North and South Carolina recognize “no-fault” and “fault” divorces. This means that, while there are certain fault-based grounds for divorce in both states, you do not need to prove fault to have grounds for divorce.

      In North Carolina, you must meet the applicable residency requirements and you and your spouse must live apart (i.e., be separated) for at least one year before filing for divorce. You may also have grounds for divorce in North Carolina if you and your spouse have lived apart for three or more consecutive years due to incurable insanity.

      In South Carolina, you must also meet the applicable residency requirements to file for divorce. However, you do not have to be legally separated to file for divorce, and you may file for divorce without citing fault. The state also recognizes fault-based divorces; grounds for a fault-based divorce in South Carolina include adultery, desertion, physical cruelty, and habitual drunkenness or drug use.

    • How does the divorce process work in the Carolinas?

      The divorce process in both North and South Carolina can be fairly straightforward, or it may be highly complicated, depending on your circumstances. The first step is determining what type of divorce you would like to file for, i.e., contested or uncontested divorce, fault or no-fault divorce, etc. You will also need to make sure that you meet the applicable residency requirements to file for divorce in your state.

      In North Carolina, you must be legally separated from your spouse for at least one year prior to filing for divorce. However, no such requirement exists in South Carolina. That being said, having a separation agreement in place can make the divorce process much simpler.

      Once you have determined that you meet the requirements, you can initiate your divorce by submitting an official complaint and summons. These documents outline the grounds on which you wish to divorce your spouse, as well as how you would like shared assets to be divided (if applicable). The complaint may also include your desires regarding child custody, child support, and other relevant factors.

      Once you have filed your complaint and summons, your spouse will be served with a copy of these documents. They will then have a designated amount of time to respond and file a Complaint and Counterclaim.

      Typically, you will only need to attend a single divorce hearing. However, extraneous circumstances may require additional hearings, and, in some cases, there is no hearing required. This could be the case if you and your spouse agree to mediation or a collaborative divorce.

      To learn more about the divorce process in North or South Carolina, along with how our experienced divorce attorneys at Collins Family Law Group can help, contact our firm today.

  • Child Support

    • How is child support calculated in the Carolinas?

      In North Carolina, child support is determined using guidelines established by the North Carolina Child Support Enforcement, whereas, in South Carolina, it is determined using the Child Support Guidelines established by the South Carolina Department of Social Services. Both states take certain factors into account when determining how to award child support. Some of these factors include the income sources and income deductions of both parents, healthcare costs, previous child support orders and agreements, child-related costs (such as education, daycare, and special needs), parenting time, and extraordinary expenses, such as travel costs for visitation and the children's pre-divorce or pre-separation standard of living.

    • What happens if the custodial parent remarries or has additional children?

      In North and South Carolina, the remarriage or having additional children by the custodial parent may—but does not automatically—affect the existing child support order. The court generally considers the needs of the child as the primary focus when determining child support. However, the court may consider the financial circumstances resulting from the custodial parent's remarriage or the birth of additional children if it significantly affects their ability to provide for the child from the previous relationship. The court has the discretion to consider these factors while assessing the best interests of the child.

      It's important to note that the court will not reduce child support solely based on the custodial parent's new spouse's income or the needs of additional children in the new family. The court primarily looks at the financial obligations towards the child from the previous relationship.

    • How can a child support attorney assist me?

      An experienced child support attorney can provide personalized assistance to protect your rights and help achieve the best possible outcome in your child support case. An attorney can offer legal advice and guidance, ensuring that you fully understand your legal rights and options. Your attorney can also assist you in determining the appropriate amount of child support using the applicable child support calculation, as set by the state.

      At Collins Family Law Group, we not only guide our clients through the child support process but also assist with everything from negotiation and mediation to representation in court whenever necessary. We are also equipped to handle the enforcement of court orders and modifications of existing orders or agreements as needed. We encourage you to get in touch with our team today to learn how we can help with your North or South Carolina child support case.

  • Child Custody

    • What is the difference between joint and sole custody?

      Joint and sole child custody are two different arrangements that determine how parents share legal and physical responsibilities for their child. In joint custody, both parents have equal rights and responsibilities in making major decisions regarding the child's upbringing, such as education, healthcare, and religion. Generally, with joint custody, the child spends significant time with both parents, often dividing their time between their parents' homes on a relatively equal basis. However, it is important to note that joint custody does not necessarily mean an exact 50/50 time split. The specific arrangement can vary based on the child's needs and the parents' circumstances.

      With sole custody, one parent has primary physical and legal custody of the child, while the other parent may have visitation rights or limited decision-making power. The parent with sole custody has the authority and responsibility to make major decisions about the child's upbringing without consulting the noncustodial parent. The child primarily resides with the custodial parent, who assumes the main day-to-day care and decision-making responsibilities. Sole custody may be awarded if there are concerns about the noncustodial parent's ability to provide a stable environment, or if it is determined to be in the child's best interests.

    • How is child visitation determined in the Carolinas?

      In North Carolina, the courts encourage both parents to have regular and meaningful contact with their child unless it is determined to be contrary to the child's best interests. Visitation schedules are typically determined based on the child's best interests, considering factors such as the child's age, relationship with each parent, stability of the home environment, and any history of domestic violence or substance abuse. The courts prioritize joint custody when appropriate and feasible, aiming to ensure that both parents play a significant role in the child's life.

      In South Carolina, child visitation is also determined based on the child's best interests, with the goal of promoting the child's welfare and maintaining a meaningful relationship with both parents. The courts consider various factors, such as the child's age, emotional ties with each parent, the ability of each parent to provide for the child's needs, and the child's preferences (if they are deemed mature enough to express them).

      If the noncustodial parent poses a risk to the child's safety or well-being, the court may order supervised visitation or impose other necessary restrictions.

    • What is a parenting plan, and why is it important?

      A parenting plan is a comprehensive document that outlines the arrangements for child custody, visitation schedules, and co-parenting responsibilities after the separation or divorce of parents. It is a vital tool for parents going through this transition, as it provides structure, clarity, and stability for both the parents and the children involved.

      A parenting plan may include legal and physical child custody arrangements, a visitation schedule, co-parenting responsibilities, and other important matters that affect both the parents and their shared children. The plan may include specifics regarding where the child/children will spend holidays, school breaks, and vacations; where they will go to school, what activities they will participate in, and which healthcare providers they will see; and various decision-making processes, communication expectations, and methods for resolving disputes among the parents.

      It is extremely important for separating parents to put a parenting plan into place. These plans provide stability, structure, clarity, and legal protection for everyone involved. They can be used to enhance communication between the two parents, resolve conflicts, and ensure that the child/children’s best interests are always kept in mind.

    • What role does child support play in child custody cases?

      In both North and South Carolina, child support is determined based on the "Income Shares Model," which considers the income of both parents and the number of children involved. The North Carolina Child Support Guidelines provide a formula to calculate child support, while the South Carolina Child Support Guidelines provide a worksheet to determine child support based on the combined income of both parents and the number of children. These guidelines are generally followed unless the court finds substantial evidence to deviate from them.

      In addition to other factors, the child custody arrangement—whether joint or sole custody—may influence the child support decision. In some cases, the noncustodial parent may be required to pay more child support. Visitation rights and the amount of time spent with the child can also impact child support. If visitation exceeds a certain threshold, it may affect the child support calculation.

    • How can a family law attorney help me with child custody matters in North Carolina and South Carolina?

      A family law attorney can provide valuable assistance and guidance in child custody matters in both North Carolina and South Carolina. At Collins Family Law Group, our attorneys focus on child custody cases and have extensive knowledge of the relevant laws and legal procedures in both states. We can explain your rights, obligations, and options under the law, ensuring that you understand the process and can make informed decisions. We can assess the specific facts and circumstances of your case and develop a strategic plan tailored to your goals, as well as evaluate the strengths and weaknesses of your case, identify potential issues, and provide guidance on the best course of action.

      Many child custody cases involve negotiation and mediation to reach agreements outside of court. An attorney from our firm can negotiate on your behalf, working towards a favorable custody arrangement with the other parent. We can also participate in mediation sessions, helping facilitate productive discussions and finding solutions that benefit all parties involved.

      We are also prepared to represent you in court proceedings and negotiations related to child custody. We know how to advocate for your interests, present your case effectively, and ensure that your voice is heard.

  • Family Law FAQ

    • What are the requirements to file for divorce in North Carolina?

      Divorce laws are governed by North Carolina General Statutes, Chapter 50, Sections 50-3 and 50-7. To file for a divorce in the state, either spouse must have been a resident of North Carolina for at least six months prior to filing for the divorce. If you have been legally separated for one year prior to filing for divorce, you are likely eligible to file.