Family Law FAQ

Simply put, because it’s a court order. Child support is based on a formula created by N.C. Legislature. Once the court determines your gross monthly income and the types of credits you should receive, the formula calculates a child support obligation. In theory, this obligation should cover your portion of the costs associated with raising your child. While relatively straightforward it is important to schedule a consultation so that you do not end up obligated to an incorrect amount. Regardless of what you do for your children, if you don’t pay the child support obligation, you could be facing jail time.

No, you don’t. Some parents choose to handle child support and custody on their own, outside of court. That’s perfectly fine. There’s no requirement that you go to court. However, I still suggest doing a consultation—even if things are going well. It’s always better to be informed. Knowledge and information learned in the consultation will keep you from playing defense should things start going south later (typically once you get into a new relationship).

The reason why mothers appear to be favored over fathers is because mothers are often able to articulate more intimate details of their child’s life—how they are doing in school, what activities they are involved in, who their doctor is, what types of medications they are on, etc. The judge sees this ability to detail their child’s life as a demonstration of their fitness to be the primary caregiver. It is an unfair assumption and one I work to fight against. I understand your contribution to your child and will help you demonstrate this to the judge. Give my office a call to get scheduled for your consultation today!

The consultation is a conversation—similar to an interview. It's an opportunity to learn what the law says about your case, and it gives you an opportunity to get to know me and my approach. You will leave the consultation with a clear understanding of how the law applies in your case, what it will cost to retain me, and that by retaining my services you get an attorney who is knowledgeable, compassionate and honest. I am experienced, I genuinely care about you and your family, and I will always be honest, even if that means telling you something you may not want to hear. Give us a call, I look forward to speaking with you soon!

We will go over estimates in your consultation. There are several factors that determine how long your case will last including, but not limited to: where you are in the case, whether or not the other side is pro-se or represented by counsel, and your end goal. This is a difficult time in your life; you are trying to get to the other side after a heartbreak—romantic or otherwise. My job is to make your life easier, not harder. I have no interest in prolonging a case. My goal is to get your case concluded in your favor as soon as possible so that you can move on with your life.

My fees for reviewing pleadings/providing advice, drafting pleadings that you file on your own, and full representation are all different levels of service that come with different pricing. The range is from $500.00 to $15,000.00. However, these fees are flat fees. Click the link for additional information on the my Flat Fee Structure.

You will work directly with me. You won’t get pawned off to a paralegal or an associate. I am the one you speak with during your consultation, I draft the pleadings for your case, I research the case law, I compose the trial notebook, and I represent you in court. I practice in Mecklenburg County exclusively so that I am able to serve the needs of my clients efficiently. I am familiar with the local rules for Mecklenburg County as well as the judges, clerks and family court administrative staff.

The most important thing to assure fathers of is that they are parents with equal rights to mom. A lot of times, there is a general assumption that mom is just going to get custody and he's going to get some visitation schedule, and it is just what it is, and it's not worth fighting for. And often, my dad's come in with that assumption. And I quickly tell them that that's not the case. Facts and circumstances have much to do with how cases play out. But generally speaking, the first thing that I want to make sure is that dads understand that they are equal parents. There's a constitutionally protected right to be a parent. And that means parent, not mom, not dad, parent, period.

In advocating for fathers I am often fighting the antiquated mindset that since the kids are young or because mom is mom, the kids should be with mom, and dad should just get some visitation. Here in Mecklenburg County, where I practice family law exclusively, the judges are very thoughtful. The judges see the parents as equals and want to hear the facts and circumstances regarding which schedule will be the most appropriate. Not all judges in every jurisdiction I have practiced in have had this mindset. I believe it is essential to highlight the things that fathers do with and for their children that may be different than mom but are just as important from a different perspective.

North Carolina calculates child support based on the parties' gross incomes. If you've got two parents that are W-2 employees, that's pretty straightforward. You're looking at pay stubs; you're looking at year-to-date. If you've got someone who is a business owner, things can get more complicated if you get someone who works under the table, that gets more complicated. I'm an attorney, not a forensic accountant. I can't find money. However, there are mechanisms in the legal system that allow us to get more of that type of information. When it comes to fathers who may be paying child support, the most important thing is to make sure that their income is calculated correctly and that, assuming it's mom, mom's income is calculated correctly as well.

The first thing to do is to get a consultation. Know your rights. Sometimes, dads need to hear that they're entitled to time. Whatever they did or didn't do, regardless of how the relationship ended, they're still the parent, and that child still needs them. So, it's essential to hear that and then get some actionable items in the consultation. I tell a lot of my dads to reclaim your time. I often see dads get bullied into a schedule, and the challenge is how long that schedule has been going on. From the court's perspective, they're not there to determine what's fair to mom or dad. They are there to determine what is in the child's best interest. If the child has become accustomed to a schedule where dad is only seeing the child every other weekend, for instance, and that's gone on for six months or a year, you've got a real uphill battle to prove to a court that it's going to be in the child's best interest to change up that schedule. Is that fair to Dad? No. He wants more time than that. Maybe he's been asking for more time than that, and Mom just hasn't been willing to give it to him. Set yourself up for success by reclaiming your time. Mom is entitled to her time, so are you. Do not allow yourself to be bullied into a schedule.

Document everything. Evidence is essential if we're going down the litigation road. Your testimony is always your most important piece of evidence. You want to be credible. You want to be honest. You want to be factual. But you want exhibits that support the testimony that you're given. And if you are being accused of never reaching out to spend time with the children, you want to show text messages and emails reaching out to mom saying, "I'd like to get the kids this weekend." "Can I pick them up from school?" :I'd like to take them to see this family member during the summer." You want to have that kind of documentation. So, along with reclaiming your time, you want to document everything.