On October 12, we celebrate Indigenous Peoples’ Day in North Carolina by recognizing their unique history and carrying these traditions forward today. This observance is held on the second Monday of October and recognizes the histories and contributions of Tribal Nations.

The Indigenous Peoples of North Carolina’s Piedmont

The hard part about learning this history is that modern county lines often blur the Indigenous stories we should know. Those boundaries didn’t exist when Native peoples first established communities around the Piedmont.

When you study Native American tribes in North Carolina, you have to look well beyond the map. The Guilford Native American Association (GNAA) is an excellent example. In modern terms, they populated the lands around Guilford, Randolph, and Rockingham counties. These lands were home to the Keyauwee and Saura peoples.

There is a lot to learn about Guilford County Native American history. Both the Saura and Keyauwee populated lands in the Piedmont Triad. There, Siouan-speaking peoples built a trade route connecting the inland region to the coast. They relied heavily on farming, especially corn and squash, and built traditional wattle-and-daub houses.

When the European Quakers and German settlers arrived in the mid-1700s, the “official” record of Indigenous peoples faded for generations. During this time, disease, warfare, displacement, migration, and shifting relationships changed the dynamic forever. In the early 1970s, Guilford County had a Native population of around 1,000 people, sometimes called the “invisible community.”

The community’s Native parents soon organized. They sought to improve educational opportunities without losing the cultural and social engagement of their people and those around them. That led to the formation of the GNAA in 1975. It is North Carolina’s oldest American Indian urban association, serving numerous counties and preserving cultural heritage.

The Occaneechi Band of the Saponi Nation in Alamance County

There is also much to learn about Alamance County Native American history. Take the Occaneechi Band of the Saponi Nation. That is one of North Carolina’s oldest state-recognized tribes. The historic roots are mostly in the modern county, but also around historic Little Texas in Pleasant Grove Township.

What is unique about the Occaneechi is that they have a long history but are considered more modern because they received official state recognition only in 2002. This group, spanning the Piedmont region of both NC and VA, survived early conflicts in 1676 as militias attacked, as well as fluctuating alliances, diseases, and slave trading. From the late 1700s to the early 1800s, members slowly returned to the Eno River, which is also the site of a modern early-1700s trading village.

The community serves around 2,000 members, mostly focused on preserving their cultural legacy while improving social, educational, and economic resources for members and surrounding communities.

Native American Heritage Is Still Part of Our Community

Learning how each Indigenous group evolved and shifted across North Carolina matters. However, it’s also crucial to see how they operate today. Contemporary Native communities offer the world much more than personal and historical accounts.

The GNAA alone serves more than 6,000 members across the Piedmont Triad. If you take a step back and look at North Carolina as a whole, it holds the second-largest Indigenous population east of the Mississippi River. There are about 130,000 people across eight major tribes.

Every year, major events take place. The American Indian Heritage Celebration (AIHC) is held each November in the Raleigh Area. Locally, the Occaneechi Band of the Saponi Nation Powwow is held in October in Burlington. It is a great resource that pulls together not only the incredible pageantry and immersive history of these events, but also their significance to our nation. Their website is a good place to see what events are near you and how you can dig even further into Indigenous history and North Carolina stories.

Honor Indigenous Peoples’ Day by Learning Our Local History

There is nothing wrong with learning about the people who lived, worked, and had families here long before modern North Carolina existed. It provides deeper context for understanding the communities we call home today.

Woodruff Family Law Group has deep roots in Greensboro. We frequently work with groups and families throughout Guilford and Alamance counties. We believe being part of our community means appreciating its unique history and the people who have shaped it from generation to generation.

On this Indigenous Peoples’ Day, take a moment to learn more about the Saura, Keyauwee, Occaneechi Band of the Saponi Nation, and all other peoples who call the Piedmont home. Honoring that heritage helps keep North Carolina’s Indigenous story alive and informs future generations.

The post Honoring the Native American Heritage of Guilford and Alamance Counties appeared first on North Carolina Divorce Lawyers Blog.

But the court also has a duty to think about the welfare of your child. In McGraw v. Mayer, the North Carolina Court of Appeals provided an explanation of why the shared preferences of parents do not answer the custody question.

Background of McGraw v. Mayer

Honoree McGraw and Matthew Mayer started dating in December 2021, but their relationship deteriorated during McGraw’s pregnancy, and their daughter was born in December 2022. To protect the child’s identity, the opinion refers to her as “Faye.”

McGraw sought sole legal custody and sole physical custody. Mayer sought joint legal custody and joint physical custody. In March 2023, the court issued a temporary agreement granting them joint legal custody and a schedule in which Mayer had Faye a few days a week.

But after a November hearing, the trial court awarded Mayer sole legal custody and primary physical custody. McGraw was granted secondary physical custody.

McGraw appealed, claiming the judge ignored a binding agreement to share custody equally. She also challenged numerous factual findings supporting the decision.

Did the Judge Have to Follow Their Agreement?

The Court of Appeals said no. The parents had both expressed support for equal custody at the hearing, but those statements did not bind the judge.

Parents may agree to an arrangement they think will work. The court, however, has the power to decide what it feels is in the best interest of their child. An agreement is not going to absolve that responsibility.

The appellate court also rejected the presumption that joint legal custody was the presumptive outcome. Legal custody is about making important decisions about a child’s life and welfare. Physical custody is about the care of and living arrangements for the child.

North Carolina courts must consider joint custody if either parent requests it. That doesn’t mean a judge has to give it.

McGraw also argued she had no notice that Mayer could be awarded sole legal custody. The appellate court disagreed, since legal custody was already before the court and Mayer had sought any other relief the judge deemed necessary.

Why Did the Custody Decision Stand?

The trial court made findings regarding communication problems, medical care, and interference with the father-daughter relationship. It found McGraw imposed unreasonable visitation conditions and used medical providers and records to disparage Mayer, interfering with his opportunity to bond with Faye.

McGraw challenged those findings and the credibility assessment of the court. But appellate judges usually give way to the trial judge’s ability to see the witnesses and weigh conflicting testimony.

An appeal is not an opportunity to re-evaluate whose account is more believable. When competent evidence supports a finding, conflicting evidence doesn’t automatically make that finding invalid.

The Court of Appeals did acknowledge that some findings lacked support in the record. Those errors did not require reversal because the findings were unnecessary to support the custody decision.

Ultimately, however, McGraw failed to prove that the order was so arbitrary that it could not have been the result of a reasoned decision. The appellate court affirmed, upholding the custody arrangement.

What Does This Mean for Parents?

McGraw demonstrates why an agreement in favor of equal custody does not guarantee that outcome at a contested hearing. The court’s decision is still based on the best interests of the child and the evidence.

The outcome of custody proceedings can affect your daily relationship with your child, and this can be understandably very overwhelming. If you have any questions about a proposed arrangement or a scheduled hearing, please reach out to the Woodruff Family Law Group. When you contact us, we can talk about your situation and help you learn about your options.

The post Can a North Carolina Judge Reject Parents’ Agreement on Equal Custody? appeared first on North Carolina Divorce Lawyers Blog.

That’s exactly what the North Carolina Court of Appeals upheld in Allport v. Allport over the objections of the husband that his former wife had the wealth and education to support herself.

The ruling raises a question that can be relevant at any income level: When a marriage ends, how should courts weigh a spouse’s savings against their need for ongoing support? The answer had to do with the couple’s lifestyle, the years the wife had been out of her career, and a disagreement among the judges about her retirement income.

Background of the Case

Ptolemy married Simon Allport in 1989. During Simon’s medical training, Ptolemy worked as an attorney and was the family’s primary earner. As Simon’s career developed, she moved several times.

After she had children, Ptolemy lightened her duties. In 2009, the couple decided that she would leave her job and become a full-time homemaker. She briefly went back to legal work in 2014, but with Simon’s demanding job it was impossible to have a career and a family.

Simon’s income as a physician supported a high standard of living, with several homes, luxury cars, and vacations.

The couple split in 2015 after Ptolemy found out he was having an affair.

After the property settlement, the trial court found each spouse had an estate worth between $2 million and $3 million. In 2023, it ordered Simon to pay $14,767.52 per month in ongoing alimony. He appealed.

Why Did the Court Uphold Alimony?

Simon argued that because of Ptolemy’s education, assets, and potential earnings, she was better able to contribute to her own support.

However, the majority explained that a spouse’s need for support is evaluated against the standard of living established during the marriage.

Having valuable assets does not mean a person must spend them down to meet those needs.

The trial court determined that Ptolemy’s reasonable monthly expenses were $16,758.80, while her monthly investment income was $1,991.28. The alimony award made up the difference. It also cut about 30 percent of her requested expenses, instead of taking her whole budget.

Ptolemy was 63, had been mostly out of work for years, and was recovering from serious injuries. The trial court found no credible evidence that she reduced her income in bad faith and declined to use income she was not actually earning to base her support.

Simon also admitted that she was a dependent spouse. Those findings were binding on appeal because he did not challenge them as not supported by evidence.

Why Did One Judge Disagree?

Chief Judge Dillon agreed that Ptolemy was entitled to alimony, but questioned whether the trial court had adequately considered her available income.

He wanted to know more about IRA earnings and whether she could get Social Security. He said he was especially concerned that if retirement earnings are left invested and another $2,500 monthly is added to retirement savings, it could double-count that need.

The proposed IRA withdrawals were viewed by most as potential income and they saw no abuse of discretion in allowing her to keep retirement assets and defer Social Security.

Did the Affair Influence the Outcome?

In short: yes.

The majority explained that Simon’s illicit sexual behavior (the affair) required an alimony award under the circumstances. The court also rejected his argument that the indefinite duration improperly punished him, finding that the trial court considered the relevant financial and marital factors.

However, indefinite alimony doesn’t mean the amount is forever fixed, despite what it sounds like. The court stated that either party could ask for modification if circumstances changed. The order ends on the death of either spouse or if Ptolemy remarries or enters into a qualifying cohabitation.

What This Means for Divorcing Spouses In NC

Allport shows why alimony litigation isn’t just about comparing bank accounts. Income, reasonable outgoings, career history and the marital way of life were all relevant to the outcome.

If you’re wondering how you’ll support yourself after divorce, or what support you may owe, Woodruff Family Law Group can discuss your situation and find out your options. Reach out to us today.

The post Can a Spouse with Substantial Assets Still Receive Alimony in North Carolina? appeared first on North Carolina Divorce Lawyers Blog.

In Levinsky v. Levinsky, the North Carolina Court of Appeals addressed whether the ambiguous contract terms excused unpaid support and whether the reimbursement claim was brought too late.

Background of the Case

Joanne and Matthew Levinsky married in 1996 and had three children before separating in 2013. Joanne was a stay-at-home mother and Matthew was a cardiologist.

In 2016, they signed a separation agreement that covered child support, alimony, and some educational expenses. They negotiated the terms themselves and paid an attorney to prepare the document.

In 2018 (at Matthew’s request) they signed an amendment requiring him to pay 30% of his income as child support and 20% as alimony through March 3, 2023.

Matthew said he planned to stop child support payments early in July 2022. Later, Joanne asked to restart payments and reimbursement of expenses for education and athletic training. Matthew said the agreements were invalid because of alleged defects in execution and refused further support payments.

Joanne sued for breach of contract. The trial court awarded her $241,842.79 in unpaid support and expenses, as well as $50,000 in attorney fees and interest. Matthew appealed.

Why the Unclear Language Did Not Invalidate the Agreements

Matthew appealed, contending that the child-support provisions were unenforceable because of their ambiguous terms. The original agreement failed to complete the base of its percentages and the amendment failed to define “income.”

That left room for disagreement. What counts as income? Did income mean earnings before deductions or take-home pay?

But the court could look outside the wording at evidence to see what the parties intended. Both had followed Matthew’s definition for years: the net pay on his pay stubs. He testified that they had agreed to use that amount and Joanne accepted payments in that manner.

Their behavior helped to solve the ambiguity. Unclear wording did not, by itself, make the agreements unenforceable.

On appeal, Matthew did not challenge the validity of the agreements as to alimony, extracurricular expenses, or attorneys’ fees. The original agreement required the loser of a breach-of-contract suit to pay the legal fees and costs of the prevailing party.

Why Child Support Was Not Reduced

Matthew also sought credit for prior payments he called advances and contended support should have been reduced by one-third when their middle child turned 18 in 2017.

The Court of Appeals observed that parents may agree to pay more than required by law or to pay for a longer period than required by law. Matthew said he planned to continue paying 30 percent even after that child turned 18. That ratio was maintained in the 2018 amendment.

But it was for the trial judge to resolve conflicting testimony as to payments. The appellate court upheld the $70,513.08 because the findings were supported by competent evidence.

When Did the Reimbursement Deadline Start?

Matthew argued that the three-year deadline for claims on a contract barred recovery of extracurricular expenses.

The court said the clock for this claim started ticking when Matthew refused reimbursement, not when Joanne incurred the expenses. She asked for payment in September 2022. He declined in October. She sued in November. Her claim was timely filed.

That’s not to say that all reimbursement claims can wait forever. Depending on the terms of the agreement and the circumstances of the breach, the timing of the filing will vary.

What This Can Mean for Separating Spouses

Levinsky is an unpublished opinion and is not binding authority. That said, it shows why having clear payment terms and records is important. Additionally, it shows that a support agreement can impose duties beyond the normal statutory obligations.

Do you have a separation agreement and you’re not sure what it calls for? Run it by the Woodruff Family Law Group team and we’ll help answer all your questions. Contact us today to discuss your separation agreement or problems with unpaid support.

The post Enforcing Separation Agreements in North Carolina appeared first on North Carolina Divorce Lawyers Blog.

A published North Carolina Court of Appeals decision shows precisely when that may be allowed and when it isn’t.

In Theuerkorn v. Heller, No. COA24-715 (N.C. Ct. App. June 18, 2025), the court reviewed a Catawba County divorce case that started with a strange clerical mistake. The case ended up testing how closely a support order must match exactly how much a spouse is earning at the time of the case.

Note: This is a published opinion, meaning it carries full precedential weight and North Carolina trial courts must follow it — not just consider it as helpful guidance.

What are the Details of Theuerkorn v. Heller?

Thomas Theuerkorn and Melissa Beth Heller were married in 2011 and separated in 2022. The couple had three children at the time of their separation.

At trial, the judge ordered Theuerkorn to pay Heller a $132,840.26 distributive award as well as 48 months of alimony. However, the judge left the amount due for the alimony payments blank.

Heller moved under Rule 60(a) to have the omission fixed. The judge then granted it and filled in the blank with alimony payments of $1,250 a month. Theuerkorn then appealed both orders.

The Issue: Filling In a Blank Isn’t the Same as Rewriting the Order

In his appeals, Theuerkorn argued that the trial court used Rule 60 to “sneak in” a substantial change disguised as a correction. However, the Court of Appeals disagreed.

The court found that both orders already obligated Theuerkorn to pay alimony, so filling in the dollar figure in the blank didn’t change the obligation’s source. Instead, it was simply a clerical fix, a similar distinction we’ve covered in another case about amending a judgment under Rule 60.

The Property Division Held Up

The court also affirmed the judge’s initial $132,840.26 distributive award. Theuerkorn had argued that the trial court never found that he had liquid assets to pay the award.

However, the trial court didn’t need to determine that he had the assets. He’d been awarded half of an $890,000 retirement account, as well as half of a $202,000 pension and a marital home with over $96,000 in equity.

As we’ve written before, a distributive award only has to be backed by resources the record can show, not necessarily cash in hand.

The Real Problem: Whose Income Did the Court Use?

If you’re going through a divorce yourself, this is one of the most useful parts of this case and outcome: the trial court’s finding on Theuerkorn’s income ($20,728.31 gross per month), looked like a current-earnings finding.

But it wasn’t. That amount was his 2023 W-2 total divided by twelve months. At the hearing in February 2024, Theuerkorn testified that his real pay was down to ~$3,134 a month, which was far lower than his 2023 average and the $15,298 on his own financial affidavit.

North Carolina law allows a court to rely on a prior year’s income, but only after the court finds that the current income isn’t deemed credible. In Theuerkorn v. Heller, the trial court skipped that finding and never addressed either spouse’s expenses or their standard of living. Both of those numbers are required for an alimony award.

Because of those gaps, the Court of Appeals vacated alimony and child support and sent the case back for the missing findings.

This is a similar situation to one that occurred earlier this year in Sunshine v. Sunshine, when a trial court adjusted a spouse’s income without making the finding that North Carolina law requires. The principle we’ve seen often holds true in this case as well: a court must explain, in writing, what income it’s using in its decision and why. They can’t simply do the math on whichever pay stub or tax return is easiest to find and pull from.

What Theuerkorn v. Heller Means if You’re Facing Alimony or Child Support in North Carolina

While the specifics may be different from your situation, there are many takeaways that can help you understand your rights under NC law:

• Your alimony order must reflect what you’re earning right now, not an average from an old tax return. The only exception is if the court finds your current numbers not credible.
• Bring all recent pay stubs and a financial affidavit to every support hearing. Don’t rely on last year’s W-2 – you want the most current number on record.
• Your expenses are important as well. In Theuerkorn v. Heller, the court skipped required findings on both spouses’ expenses and standard of living. That’s a gap worth watching for in your own order.
• A blank line that’s filled in later isn’t grounds for appeal in most cases. However, a missing income finding can be.

If what counts as income under North Carolina law has left you wondering if your own child support numbers reflect what you’re currently earning, you’re asking the right question. It’s similar to the same question that sent Theuerkorn v. Heller back to the trial court.

Want to Learn More? Woodruff Family Law Group is Here to Help

If you’re heading into an alimony hearing or already have an order built on income that doesn’t quite match what you’re currently earning, knowing how the court reached its number matters.

Woodruff Family Law Group can help. Our Greensboro family law team can review your case and help ensure your order accurately reflects the numbers that North Carolina law requires. Contact Woodruff Family Law Group today to schedule a consultation.

The post Can a North Carolina Judge Base Alimony on Last Year’s Paycheck? appeared first on North Carolina Divorce Lawyers Blog.

In Cohen v. Hefetz, a February 2026 North Carolina Court of Appeals decision, this concern came to the forefront. The case’s result shows that it may be possible for an order permitting an international relocation to be undone if the trial court never resolves the disputes the parents raised.

Note: Cohen v. Hefetz (No. COA25-39, 2026 WL 289377) is an unpublished opinion, so it does not serve as binding legal precedent in North Carolina. However, the case and results offer helpful insight into how NC courts may approach similar issues.

What Happened in Cohen v. Hefetz?

In this case, the parents involved were never married. The father was reportedly absent from most of the child’s early years, visiting infrequently until the parents settled into a schedule of alternating weekends and, later, overnight visits.

Both parents had family living in Israel, and the child had visited the country with their mother several times. During a visit in 2023, the mother and child were caught up in the outbreak of war, and the mother stayed in the country two weeks longer than planned due to travel restrictions.

Months later, the mother asked the court to allow her and the child to relocate to Israel permanently, citing the family’s support structure in the country.

Both parents testified at the hearing, as well as relatives who joined the proceedings remotely from Israel. After the hearing, the trial court entered a permanent custody order in mid-2024 that granted the parents joint legal custody, the mother primary physical custody, and permission to relocate with the child.

The father appealed the decision.

What Did the Father Argue in His Appeal?

The father didn’t dispute the trial court’s finding that both parents were fit. Instead, he argued that the order couldn’t support giving primary custody to the relocating parent, as the trial court’s own findings never resolved the father’s main concerns:

• Was it safe to send a child to a country currently at war?
• Was the mother’s neighborhood in Israel safe enough for the child?
• Would his relationship with the child suffer once in-person visits became more difficult due to travel costs, distance, and potential restrictions due to the war?

The trial court did write over 100 findings of fact, but the Court of Appeals held that most of the findings on the safety questions were recitations of testimony rather than resolutions – and that (among other findings) led to the Court of Appeals vacating the custody order.

Why are “Findings” not the Same as “Resolving” a Dispute?

This is the heart of this particular case, and it has implications for a variety of other family law cases. North Carolina law requires more than findings that simply describe what each side said in testimony.

When parents disagree on an issue that is deemed central to the child’s welfare, the trial court must resolve that dispute and explain how the resolution supports the ultimate custody decisions.

In Cohen v. Hefetz, the Court of Appeals found that the order noted the war was ongoing and that family members on both sides gave conflicting accounts of how safe the situation truly was. However, there was no determination of how much risk the war actually posed to the child or a weighing of that risk against the reasons to grant permission for the relocation.

The same gap showed up in the question of the father’s future relationship with the child post-move. The trial court found that the father could afford to travel and see the child but never addressed how the war could impact travel ability and, thus, the father’s ability to physically see the child.

The Court of Appeals quoted its own precedent in its determination: “the quality, not the quantity, of findings is determinative.”

What Cohen v. Hefetz Means for North Carolina Families

Since the Court of Appeals determined that the findings did not resolve the disputes that the evidence raised, the custody order was vacated and sent back to the trial court for new findings – and a new order – that would grapple with the safety and relationship questions the parents put at issue.

The outcome is unique to this case and the circumstances, but there are some insights that can be helpful for other families involved in custody disputes:

• A judge has no “magic words” to determine the outcome, but the order must resolve the disputes that the parents raised, not just describe them.
• In a relocation case, safety concerns must have answers, not simply acknowledgment. Findings that recite both sides’ testimony are not the same as a finding that determines which side is right.Check
• The relationship between the child and the parent left behind matters. Courts are expected to weigh the reality of the relationship and whether a realistic visitation schedule can preserve the relationship (rather than simply saying that travel is “technically possible”).
• More findings aren’t the same as better findings. Cohen v. Hefetz shows that even an order with 100-plus findings can be vacated if the findings never connect fact to a best-interest conclusion. (See more on why custody orders can be vacated on appeal due to insufficient findings.)

Are You Facing a Relocation Case in North Carolina?

Relocation cases involving child custody are a difficult process and should be handled with the utmost care. Whether you’re a parent asking to relocate or one who may be potentially left behind, how the custody order is written can decide whether or not the order survives an appeal.

At Woodruff Family Law Group, our team of attorneys helps North Carolina families build well-supported custody cases based on the facts – and holds the other side, and the court, to the standard the law requires.

Contact our Greensboro family law team today to schedule a consultation.

The post Can a North Carolina Judge Approve an International Relocation Without Determining Safety? appeared first on North Carolina Divorce Lawyers Blog.

Every family experience intersects with family law in complicated ways. A parent could have had children during an opposite-sex marriage before later involving same-sex child custody. Two partners might build their family through donor connections. A non-biological parent could be the primary caregiver from birth, only to get hit with difficult legal rights when that relationship ends.

It is important to consider how LGBTQIA+ family law in North Carolina affects these families and identify issues before they evolve into disputes.

Can a Same-Sex Relationship Affect Child Custody?

Say, for example, a bisexual parent divorces an opposite-sex spouse. Several years later, the parent begins dating someone of the same sex. The question is whether the former spouse could use that new relationship to challenge child custody.

North Carolina courts, like most other states, try to do what is best for the child. Judges consider everything from living arrangements to a parent’s ability to care for a child. That’s an important line in the sand for bisexual child custody cases. The most important issue is the child’s welfare, not that the parent had an opposite-sex partner and now has a same-sex partner.

A court will always examine issues affecting a child’s safety, stability, or overall well-being. It is best to focus on the facts that impact the child more than on assumptions about sexual orientation.

Assisted Reproduction Can Create Parentage Questions

Bisexual family law also involves people using assisted reproduction. There must be a long-term view of how pregnancy, birth, and the legal relationship of the intended parent will affect the child.

The current statute N.C.G.S. § 49A-1 addresses children conceived through heterologous artificial insemination. Inside that statute are the terms “husband and wife.” It outlines the people who requested and consented in writing to the procedures.

Modern families look very different from that 1971 statute. Bi, pan, and LGBTQIA+ couples may seek to use donor sperm, eggs, IVF, or other options to become parents. There is still a lot of confusion and complications over defining those relationships legally because of older statutes that have not caught up to modern situations.

What Rights Does a Non-Biological Parent Have?

When a baby is born, there could later be questions of LGBTQIA+ parental rights when one parent doesn’t have a biological connection. In North Carolina, legal parents have constitutionally protected rights about their children.

Non-parents can seek custody, but only under specific circumstances and with additional requirements. For example, a non-relative seeking custody must establish a deep relationship with that child. They must overcome the legal parent’s protected rights.

Some case law addresses these situations. In Mason v. Dwinnell, a same-sex couple decided to have a child. One partner used artificial insemination. Even so, the North Carolina Court of Appeals concluded the non-biological partner had standing to seek custody because of the parent-child relationship that was created and fostered.

Each case is unique. The non-biological parent’s rights depend heavily on the family’s history and the steps taken along the way.

Protect Your Parental Rights Before a Dispute Begins

Families tend to make decisions when those relationships are strong. When questions about legal parentage come into play, it becomes harder to agree on who Mom, Dad, or another parent is. Any separation can expose gaps that are easy to overlook.

When anyone, including those in the bi and pan communities, wishes to establish parentage, pursue adoption, document assisted reproduction, or gain custody, there needs to be as much legal clarity as possible for the short and long term.

During Bisexual Awareness Week, Woodruff Family Law Group wishes to recognize those in the LGBTQIA+ community facing these types of challenges. We understand that your family is more than a label or biological connection.

Whenever questions arise about same-sex child custody, bisexual divorce, or non-biological parent rights, our family law attorneys can help you better understand how North Carolina laws apply to the family you built. After all, the children matter most, and the people who care for them should be allowed to do so consistently.

The post Bisexual Awareness Week: Family Law Challenges for Bi and Pan Parents appeared first on North Carolina Divorce Lawyers Blog.

That number can impact what happens next for both spouses, so the order needs to lay out how the courts got to that dollar amount. This was one of the issues in Haythe v. Haythe.

Background of Haythe v. Haythe

After being married in December 2008, Debbie and James Haythe separated in March 2020. James earned most of the money for the household and Debbie took care of the home. She also spent retirement savings on marital expenses and had only $600 left in the account at separation.

Later, the trial court ordered James to pay $850 per month in post-separation support, and $100 toward arrears (meaning late/overdue payments). By the time of the alimony hearing, he had paid only $1,050.

Each spouse was awarded more than $85,000 after the sale of the home. James’s share remained in his attorney’s trust account while Debbie’s unpaid-support claim was pending.

What Did the Trial Court Decide?

The trial court found Debbie to be a dependent spouse and James to be a supporting spouse. Thus, Debbie needed help to satisfy her reasonable needs and was not capable of doing so herself whereas James was and did.

Specifically, Debbie was short $3,319.02 a month, and James, a nurse, earned between roughly $62,000 and $77,000 a year from 2019 to 2021. His monthly income also slightly exceeded his expenses.

After considering the parties’ income, assets, needs and roles during the marriage, the judge ordered James to pay Debbie $40,000 in lump-sum alimony, $13,580 in past-due support, and $12,625 toward her attorney fees.

The court also found him in civil contempt for intentionally violating the support order.

Why Was Part of the Case Sent Back?

The Court of Appeals found that Debbie was entitled to alimony and that James could pay it as a lump sum. Although he had little money available for monthly alimony, his share of the home-sale proceeds was a substantial asset.

But the order never explained why he had to pay the $40,000 figure specifically. North Carolina law requires an order for alimony to specify the reasons for the amount, duration, and method of payment. Even if the answer could be determined from the record, the appellate court could not give a reason that the trial court failed to give.

The attorney fee award had a similar issue. Debbie was unemployed, her expenses were higher than her income, and she needed to borrow money from relatives to hire a lawyer. She ended up representing herself after she ran out of her retainer. This gave her a right to attorney fees.

However, the order needed findings about the time and labor involved, the skill required, customary fees for similar work, and the attorney’s experience. That information was necessary for the appellate court to determine whether $12,625 was reasonable.

The Court of Appeals sent both issues back for additional findings, allowing the trial court to use the record or hear more evidence.

What Else Did the Court Decide?

The appellate court upheld the decision to place James’s proceeds in trust because it protected Debbie’s interests and preserved funds for future payments.

The court also upheld the contempt finding, which requires proof that James could comply and intentionally did not. Most of the judges cited James’s employment, income, property award, and limited payments as evidence he could have complied or taken reasonable steps toward compliance.

One judge disagreed, saying James could not touch the money in trust and had little wiggle room in his monthly budget. It is this disagreement that illustrates why access to funds may be as important as the amount on paper.

What Does This Mean for North Carolina Families?

The lesson from Haythe is not that $40,000 was too high or too low but rather how the financial evidence impacts the final figure.

While income, monthly expenses, available assets, and access to money were all factors, the trial court still needed to explain how those facts led to its award.

How We Can Help

Are you seeking spousal support or are you being asked to pay it? The financial side of divorce can be difficult to deal with on your own, but you don’t have to deal with it all by yourself.

Woodruff Family Law Group can help you understand how North  Carolina law may apply to your situation. Reach out to us today and see what we can do for you.

The post What Must Courts Explain When Awarding Alimony in North Carolina? appeared first on North Carolina Divorce Lawyers Blog.

Modern-day families come in all shapes and sizes and, while they may not look the way a “traditional” family once did, they are full of love. If you’re one of the millions who are lucky enough to fall into this category, National Stepfamily Day is the perfect opportunity to gather together and celebrate the special bond your family shares. Let’s take a look at some of the different types of blended families that prove many of the greatest relationships don’t come from the blood we share, but from those we choose to spend our lives with. 

Common Types of Blended Families 

While blended families come in all shapes and sizes, they can often be categorized into a few common structures: simple, complex, mixed, and adult child.  

Simple Blended Family 

A simple blended family is one where only one partner has children from a prior relationship. Now, don’t let the name fool you; just because it’s called “simple” doesn’t mean there can’t be challenges, especially at the start of the relationship during the adjustment period. However, a simple blended family allows for a special connection between the formerly childless partner and their new stepchildren, where they can learn and discover the joy of being a parent. This experience is very special for each family member.  

Complex Blended Family 

A complex blended family is one where both partners have children from previous relationships. Complex blended families can sometimes be, well, complex, with an adjustment period as everyone learns and settles into a new dynamic. These families are also exciting and offer kids the chance to build friendships with new siblings they will treasure for a lifetime. Parenting in a complex blended family may feel tricky, but with patience, time, and ample amounts of love, it can become a fulfilling experience for everyone.  

Mixed Blended Family 

A mixed blended family is where partners with children from previous relationships have a biological child together. The birth of a new family member is a joyous occasion and joins the two parts of the family together in a very special way. Mixed blended families come in all sizes, and the parents may choose to have numerous kids together, bringing the phrase “love doesn’t divide – it multiplies” to life.  

Adult Child Blended Family 

In an adult child blended family, two partners who are either widowed or divorced marry later in life after their children are grown. Bonding among new siblings can be more challenging with adult children, but gathering together whenever possible is a great way to deepen these important relationships. 

No matter what your blended family looks like, being surrounded by those you love and who love you in return is a true gift. Take the time this National Stepfamily Day to show your family how much they mean to you and celebrate your unique bond! Woodruff Family Law Group is proud to offer creative family law solutions to the North Carolina Triad area. We handle the most complex cases to help you find a solution that’s right for you! 

The post Celebrating the Beauty of Blended Families  appeared first on North Carolina Divorce Lawyers Blog.

What Did the Courts Decide in Jay v. Jay?

Both the Court of Appeals (in 2025) and the North Carolina Supreme Court (in March 2026) upheld the initial order.

As the judge did not blindly accept the wife’s statement – but rather read it against the live testimony and struck the parts that weren’t corroborated – the Supreme Court held that it was genuine fact finding as required by law.

As both parties testified, the court determined that the judge had a full opportunity to weigh their credibility. The order stood.

However, the courts added a pointed caution to their decision: the judge’s actions in Jay v. Jay are not the recommended way of handling findings. The “better practice”, the Supreme Court said, is for a judge to write out specific findings in the order itself rather than lean on someone else’s document (especially that of one party in the case).

One More Wrinkle In The Case Worth Knowing

The order was upheld, but there was one potentially critical complication. The wife had altered a text message screenshot prior to offering it as evidence of the domestic violence – a move that the husband immediately seized on.

However, the trial court found that the change wasn’t a willful attempt to mislead, and that ample other evidence existed to support the order beyond that text.

The DVPO survived, but the wife’s action is a reminder of the importance of full honesty in any court case – even if one flawed exhibit doesn’t automatically sink it.

What Does Jay v. Jay Mean For You?

Jay v. Jay holds several important findings that anyone going through a DVPO proceeding should be aware of:

• A protective order can be challenged on technical grounds: The other party may not argue against the claims of violence or abuse, but they may argue that the judge wrote the order incorrectly. Strong and specific findings make an order much harder to overturn.
• Your testimony isn’t a formality – it matters enormously: Because both parties in Jay v. Jay testified, the judge was able to weigh credibility firsthand, and it’s a big reason why the final DVPO held up against appeal.
• Corroboration protects you: In Jay v. Jay, the findings that survived on appeal were those that were backed up by testimony and consistent evidence.
• Accuracy matters more than you might expect: Altering evidence almost handed the other party an opening. In any court case, always bring the real records and allow them to speak for themselves.

Are You Facing a DVPO Hearing or Appeal in North Carolina?

Domestic violence and abuse are serious issues, and if you find yourself in immediate danger, call 911 and seek help immediately.

Are you preparing for a 50B hearing? Defending a protective order that someone is trying to overturn? How well your case is documented can potentially play an important role in the outcome, which is why having the right partner at your side matters.

At Woodruff Family Law Group, we’re proud to stand by North Carolinians in the midst of some of the hardest moments of their lives. We work to help build well-supported protective order cases, and we stand by you throughout the entire process.

To learn more, contact our Greensboro family law team and schedule a consultation today.

The post If a Judge Copies Your Statement Into a Protective Order, Will It Hold Up on Appeal? (Part 2 of 2) appeared first on North Carolina Divorce Lawyers Blog.