Siemens Family Law Group is excited to welcome Ellen Rose to the Firm! Ellen is a family law attorney and certified family financial mediator with a special interest in custody cases, mediation, and collaborative law. Ellen brings over 20 years of experience in family law to her practice.
Read MoreJudges evaluate marital standard of living to determine whether the alimony or child support a party is seeking is reasonable and necessary. The expenses incurred by a dependent spouse seeking support should correlate with expenses incurred during the marriage for similar purposes.
Read MoreThe assets and debts you receive through the equitable distribution process can lay the foundation for your post-divorce lifestyle and future financial security. There are many factors a judge in North Carolina may consider when distributing a marital estate between parties.
Read MoreWhen preparing a financial affidavit, the best policy is to be honest and realistic. We recommend that you review and verify all financial documents that pertain to your current income and expenses, as well as drawing parallels to the marital standard of living.
Read MoreIn all legal actions that include claims for child support, post-separation support, and/or alimony, the local family court rules for Buncombe County require each party to complete and file with the court a “financial affidavit” (local Form 4).
Read MoreHow does a judge determine the amount and duration of an alimony award? One of the goals of alimony is to ensure that a dependent spouse has adequate resources to meet his or her needs in accordance with the standard of living established by the parties during their marriage.
Read MoreWhen spouses separate, it is sometimes necessary for one spouse to provide financial support to the other spouse. North Carolina recognizes two forms of spousal support: one is post-separation support, and the other is alimony.
Read MoreI still benefit from having a look at the law each time I handle a case. How does North Carolina law guide District Court Judges to make child custody decisions? How the sentences play out in application differs across the State. In Buncombe County, joint and equal legal and physical custody is awarded frequently.
Read MoreJim Siemens traveled last week to the mountain town of Sparta, North Carolina to present an oral argument before the Court of Appeals. The argument was part of a special session celebrating the 50th anniversary of the NC Court of Appeals, holding a session of court in a hometown or county with a special connection for each judge.
Read MoreLike most states, North Carolina uses child support guidelines to help simplify the process of determining child support. North Carolina’s guidelines are based on an income shares model, which is predicated on the concept that the child should receive the same proportion of parental income that he/she would receive if the parents lived together.
Read MoreMediation is a great tool for resolving disputes. Many of our cases resolve in mediation, where complex issues can be resolved creatively in a calm environment.
Read MoreBuncombe County is currently one of 13 judicial districts in North Carolina that has a dedicated Family Court system within its District Court division. The primary advantages to filing a legal action in a Family Court district is that the case is assigned to one judge…
Read MoreOnce you have made formal arrangements to retain a divorce attorney, usually indicated by signing a fee agreement and paying any required retainers, your attorney will begin work on your legal matters.
Read MoreI used this article, Social Science and Parenting Plans for Young Children: A Consensus Report, successfully for a father in a recent child custody case.
Read MoreIn a recently published Harvard study on economic mobility in the United States, counties across the U.S. are ranked from best to worst. Buncombe County comes in at the bottom, ranking 2,386 out of 2,478. Boys and girls growing up in low-income households in Buncombe County will earn on average 13.1% less at age 26 than their low-income peers nationwide.
Read MoreThe Supreme Court ruled Friday morning that the Constitution guarantees a right to same-sex marriage. The 5-4 decision means same-sex couples nationwide will be provided the equal protection of the law of marriage.
Read MoreConsider Haiti is a not-for-profit organization founded in Asheville 15 years ago. I serve on the Consider Haiti Board as Treasurer. Many in the Asheville community have had a role in the operations of Consider Haiti.
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