Representative Cases: Family Law and Divorce in Charlotte
Our Charlotte-based law firm is equipped to and experienced in handling a variety of cases involving family law and divorce in Charlotte & North Carolina. Our family law team is dedicated to treating each case on an individual basis and help you through a stressful time in your life and navigate the divorce process, post-spousal support, child custody, child support, domestic violence issues, and more.
Practice Area: Family Law
Samples of Family Law and Divorce Cases in Charlotte
Family Law: Termination of Parental Rights in North Carolina
(Party & Case Name Confidential)
SefierFlatow, PLLC earns victory for Mother as Father’s Parental Rights are terminated.
Mother hired SeiferFlatow, PLLC to represent her and the firm assigned Dominique “Missy” Foard as lead counsel and associate Bethany Mulhern to this case. Mother sought to terminate Father’s parental rights as Father was non-existent in the minor child’s life. The parties were married at the time the minor child was born however shortly after, Father abandoned the minor child and Mother. Father failed to pay Mother any child support for the minor child and did not participate in the minor child’s upbringing.
Attorney Mulhern represented Mother at the Termination of Parental Rights hearing where evidence of Father’s neglect and abandonment were presented. The Court ruled in Mother’s favor sighting that Father refused to pay child support, had abandoned the minor children, failed to perform any parental duties in the minor child’s upbringing, and refused to identify the minor child as his child. The Court found that Mother was the primary physical, financial and emotional caretaker of the minor child and that Mother. Noting that Mother and Mother’s family were fit and proper persons to raise and care for the minor child, the Court ruled that Father’s rights as a parent were terminated.
Get more advice from Missy about custody cases on the NC Divorce Info podcast
Family Law Contempt Case in North Carolina
(Party & Case Name Confidential)
SefierFlatow, PLLC successfully settles competing Contempt Motions.
Father hired SeiferFlatow, PLLC to represent him and the firm assigned Dominique “Missy” Foard as lead counsel and associate Bethany Mulhern to this case. Father and Mother were previously married, now divorced, and share three (3) minor children together. The parties have been in a contentious custody and support legal battle, with Father seeking additional custody of the minor children. Mother filed a Motion for Contempt alleging that Father owed in excess of $13,000 in back child support payments and Father’s termination of alimony payments consistent with the statutory factors, was improper. Father filed a competing Contempt motion for Mother’s failure to abide by the custody schedule.
Attorney Mulhern represented Father as the Contempt hearings. Mother’s Contempt motion regarding Alimony argued that the Separation Agreement was written such that the alimony payments were reciprocal consideration for property settlement and therefore, non-modifiable. Attorney Mulhern presented case law outlining the flaws in opposing counsel argument, mainly, that the alimony provisions in the Separation Agreement were written as alimony, the factors awarded alimony to Mother were in line with the statutory factors and there was no intent to keep alimony non-modifiable. Mother Contempt motion related to child support argued that Father was delinquent in child support payments because the wording in the Separation Agreement stated Father owed monthly child support payments of “20% of Father’s salary.”
Opposing counsel argued that Father’s year end income statement showed a delinquency in payments. Attorney Mulhern argued that income was different than salary and Father’s dividend and stock income are not considered “salary.” Attorney Mulhern was able to settle the Contempt Motions. Alimony was terminated at the date of Mother’s remarriage meaning Father was no longer responsible for alimony payments to Mother. Child support was settled and deemed current. As for Father’s Contempt Motion, Attorney Mulhern and opposing counsel were able to come to a new custody schedule giving Father more parenting time with the minor children.
The outcome of settlement saved Father over $13,000 in what opposing counsel alleged as arrearages in child support payments. Father also saved over $30,000 in possible alimony payments to Mother as well.
If you’d like to learn more in our Family Law video series, find that here.
Child Custody Relocation Case in North Carolina
After a year and a half of litigation, Missy Foard secured our client a win in a very tough child custody relocation case. Our client had been removed from the child’s life due to the efforts of the other party, and resided outside of North Carolina. After a successful hearing, our client was awarded primary custody of the minor child, and was permitted to relocate the child to his state despite the objections of the other party. Over two days of trial, Attorney Foard was able to demonstrate to the District Court Judge that moving to be with our client was in the child’s best interest. Courts prefer to avoid relocating a child if possible, so this was a hard-fought victory.
“I hired Dominique ‘Missy’ Foard on the custody case for my daughter. I was very impressed with how quickly she responded on any question I sent her, and she is so kind and down to earth. She helped me resolve my custody matter smoothly and effectively. She was a pleasure to work with all around and I cannot recommend her enough.“AVVO Reviewer, former client
Permanent Child Support in North Carolina
(Party & Case Name Confidential)
SeiferFlatow, PLLC earns victory for Mother as Father is ordered to pay permanent child support.
The parties to this case were previous married, now divorced and share multiple children together. A Complaint containing child support was filed in July of 2017 and a hearing on Permanent Child Support was held March of 2019. Mother was the primary caretaker of the parties children, providing emotional and financial support. Since separation Father had not provided Mother with any child support.
Mother hired SeiferFlatow, PLLC to represent her in her child support case and the firm assigned Dominique “Missy” Foard as lead counsel and associate Bethany Mulhern to work on the case. Father was Pro Se Defendant. As a Pro Se Defendant, Father proved difficult to negotiate with and refused to provide any financial information. Calculating child support involves reviewing the financial records of both parties, including taxes, income, debts and bank accounts. Father claimed to be an independent contractor without any source of steady income. Father’s refusal to cooperate lead to multiple subpoenas being sent to over five different institutions to obtain Father’s financial information. Only after receiving all of Father’s financial information was it discovered that Father brought in a second source of income he did not disclose.
At the hearing for Permanent Child Support, Father’s second source of income was presented as evidence to be included in his gross income. Ultimately, the Judge sided with Mother’s argument and included the second source of income into Father’s gross monthly. Using Father’s 2018 tax return and the additional income discovered, Father’s monthly child support was calculated at over $2,000 per month.
If you considering separating from your spouse, starting the divorce process or have questions about child custody or support, we are ready to help with your family law and divorce cases in Charlotte.