Comments for NC Divorce & Family Law Blog – Rice Law, PLLC

Comment on Tax code change allows custodial parent to revoke release of dependent exemption by Mark Spencer Williams

Mark Spencer Williams — Thu, 19 Apr 2012 11:58:56 +0000

NC Law assumes the custodial parent will take the tax dependency deduction as part of the child support award. To do otherwise is a deviation from the child support guidelines. So unless there is a deviation order in place, the parent who has the child the most is expected to claim the child. That particular form is to revoke a release previously given. You should talk to your tax professional.

Comment on Tax code change allows custodial parent to revoke release of dependent exemption by hheidijo@gmail.com

hheidijo@gmail.com — Sat, 14 Apr 2012 21:46:27 +0000

Can the Custodial Parent use a 8332 form for Revocation of nonCustodial parent to claim child after a divorce decree is final? If so, does this process need a modification done on Parenting Plan through Family court or is the 8332 form make it legal and overide the divorce decree?
Heidi

Comment on GPS Tracking: Is it Legal to Covertly Track Vehicles in North Carolina? by GPS Tracker

GPS Tracker — Tue, 20 Mar 2012 07:16:53 +0000

It’s a great blog to defining the importance of the GPS tracking Devices which is knowledgeable and very informative.
Thanks for your experience.

Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams

Mark Spencer Williams — Tue, 20 Mar 2012 00:40:02 +0000

If it is a North Carolina case, you had to file to intervene in the custody action before there was a final decision. I strongly suggest you speak with a NC licensed attorney who can review the file with you and give you accurate advice about your specific situation.

Comment on Grandparents’ visitation & child custody rights in North Carolina by Debbie

Debbie — Tue, 20 Mar 2012 00:25:06 +0000

My question is my daughter had a son and never married his father. As a grandparent I took care of my grandson during the day while they work, when
they parted ways I still keep my grandson during the day and after school. Since then my daughter has married, her husband is military and were relocated to Maryland. My daughter had primary custody for 7 years. The court then gave his father primary custody(50/50)after her moved to Maryland and he has had custody not quite a year. She has visitation 2 weekend a month 1 in-state, 1 out-state. Do I have any rights for visitation thru the legal system with my grandson other than my daughter weekends. I have ask his father for 4 hours after school one day a month so that we could take him out to dinner and spend a little time but was denied by his father. Do we as grandparents have any right for visitation?

Comment on “You’re Served” May Not Mean You’re Served With a Lawsuit by Mark Spencer Williams

Mark Spencer Williams — Fri, 16 Mar 2012 18:17:34 +0000

It does not matter whether it is the original Summons, an Alias Summons, an Endorsed Summons, or a Pluries Summons. Process must still be effected under Rule 4 of the North Carolina Rules of Civil Procedure.

You can always use certified mail, UPS, etc. under the statute as long as you comply with the requirements. However, for Personal Service, according to the case law, the Clerk has to appoint the private process server before anyone other than the Sheriff can serve and to do so, the Clerk must find that the Sheriff has refused or neglected his duties. It will be rare, then, that you will get such an order. However, if you serve it by Private Investigator and the person answers without raising the defense of insufficiency of process, the lawsuit is still good as that defense has been waived.

Comment on “You’re Served” May Not Mean You’re Served With a Lawsuit by pilotace32743@aol.co

pilotace32743@aol.co — Fri, 16 Mar 2012 16:20:03 +0000

Alias and Plures Summons, which the serving attorney obtains from local courts when the local sheriff’s department fails to secure service in the matter, is the legal alternative for private investigators.

Comment on A New Hanover County Domestic Violence Case Sends Shock Waves Across the State by Name Withheld

Name Withheld — Thu, 15 Mar 2012 01:21:06 +0000

Mr. Kenton,
I suggest you [REDACTED] and mouth shut on this one. This ruling affects thousands of women across NC who DO need a valid DVPO. Those DVPO’s are no longer valid for them either. And guess what? Most of them don’t have 600k to throw at it. Too bad they can’t ‘afford the truth’. What a [Redacted]…

Editor’s Note: Some Comments made by the writer concerning Mr. Kenton have been redacted as a precaution pursuant to the Federal Communications Decency Act. While her opinions and statements of fact regarding Mr. Kenton may or may not be true, Rice Law cannot ethically allow publication pursuant to the North Carolina Rules of Professional Conduct. The opinions of the writer are her own and do not necessarily reflect the views of Rice Law, PLLC.

Comment on Five Tips for Co-Parenting and Winning Custody of Your Child by Five Tips for Co-Parenting and Winning Custody … – Rice Law, PLLC | Family Advice

Sun, 11 Mar 2012 06:50:14 +0000

[...] posted here: Five Tips for Co-Parenting and Winning Custody … – Rice Law, PLLC ← Happy Child Guide Assessment – Will This Well-Known Parenting [...]

Comment on A New Hanover County Domestic Violence Case Sends Shock Waves Across the State by jimkenton@live.com

jimkenton@live.com — Sat, 10 Mar 2012 20:13:43 +0000

I am glad I fought for this. What happened to me was an old trick that happens to most men going through divorce. The attorney for Maryellen was the “legendary” Jim Lea III from Wilmington NC. [SENTENCE REDACTED]. In my case Maryellen and myself were separated for nearly a year with a signed and valid separation agreement. Maryellen was benefiting from this agreement by receiving approximately ten thousand a month (10K) for alimony, child support and ED payments. Of course she got a home, insurance, two cars (paid for) a full time nanny ect. After the year of separation I asked Maryellen if she would reconsider the separation and give our marriage one last shot. (This is how it all started) For the next four days we were back in love like we were in eighth grade. Little did I know she was actually already in cahoots with the “super lawyer” Jim Lea of Wilmington NC. [SENTENCE REDACTED]. Set up a fake reconciliation, by doing so they figured they could set the separation agreement aside that was paying his client 10k per month. This would be very risky because if they did not succeed then Maryellen would owe all of the attorney fees. They knew I had a very successful business [REDACTED]. [TWO SENTENCES REDACTED]. Anyways, on the fourth day of the blissful reunion Maryellen drops the bomb: she says she does not want to go forward with the marriage. I said, okay now I want you to leave my home and I will call you a cab. Well, Maryellen had a different plan. At the end of the night I was stabbed in the hand by Maryellen and I exited her out of my home and called police. Maryellen and I agreed to a “consent” order for one year. I was happy about the arrangements and she was too. This was especial good news for my children so I may stay connected with them and continue with my natural bond. During that first year of the consent order she was relentless towards me and I was arrested on multiple occasions and was forced to hire more lawyers to defend myself. [SENTENCE REDACTED]. The next year Maryellen and Lea were successful on convincing the district court Judge to agree on an extension on the consent order. Of course I knew this to be wrong and frankly I was tried of the one sided domestic court circus. I appealed the Judges decision not just for me but for every person that gets taken advantage of by the system. I am very glad I did and I hope everyone who finds themselves in my shoes being abuse [REDACTED] will be able to use this case law. My domestic battle over a contract is just about over, I won on summary judgment. The Honorable Judge agreed with me that the contract was valid and agreed that Maryellen Kenton lied. The case cost me almost 600k to get to the truth and I must say it was worth every dime. I just wish that everyone could afford the truth if they could this world would be a better place. Thank you, Jim Kenton Editor's Note: The writer claims to be Mr. James P. Kenton who was the Defendant in the case that is the subject of the commentary. This has not been verified. Comments made by the writer concerning Ms. Kenton's trial attorney have been redacted as a precaution pursuant to the Federal Communications Decency Act. While his opinions and statements of fact regarding the attorney may or may not be true, Rice Law cannot ethically allow publication pursuant to the North Carolina Rules of Professional Conduct. The opinions of the writer are his own and do not necessarily reflect the views of Rice Law, PLLC.