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Fayetteville NC Family Law Blog

Can I keep my health insurance after a divorce?

Millions of Americans lack medical insurance, a problem that has become a hotly contested and widespread topic for debate throughout a range of industries. Not surprisingly, people who are heading into a divorce are showing increased concern about maintaining their health insurance, especially considering the cost of modern medical care and the uncertain economic times. A tough reality exists for many divorcees, though, when they discover that they are no longer covered under their partner's plan.

It turns out that quitting a job and dissolving a marriage do have something in common, after all: COBRA benefits are available after both events. For many people, that may provide a stopgap between insurance plans after a divorce, primarily because spouses are not required to keep you on their health insurance after a split.

Ex-spouses use surveillance gear to spy on former spouses

A burgeoning spy tech industry has had one unintended consequence amid all the talk of property protection and espionage. Divorced spouses in North Carolina and across the United States are now conducting surveillance on each other with such spy equipment. That information comes from new reports that show that people throughout the nation are making more recordings of each other, both through video and audio media.

Anecdotal evidence shows that people are being spied on through increasingly sophisticated technologies. One man reported that a tiny audio recorder had been sewn into the seams of his son's jeans when he came to visit, ostensibly designed to capture alleged incriminating evidence that could change the outcome of a custody battle.

Silver Alert mom in custody after child abduction

Custody battles don't always rage in a courtroom and they aren't always between parents. Earlier this week, an incident in the eastern Carolina region showed that child custody can become a contentious issue between multiple generations within a family, rather than simply involving a child's parents. Parents who refuse to acknowledge formal custody agreements can easily affect grandparents, legal guardians and other parties.

A woman who was the subject of a Silver Alert has been jailed and charged with abduction, according to Roanoke Rapids authorities. Silver Alerts are issued when a suspect or abductee is suffering from a cognitive impairment or some form of dementia. Police believed that the woman lacked complete mental faculties.

Virtual technology enhances child custody agreements

Technological advancements in communications have brought about significant changes for child visitation agreements, primarily between children and parents who live far away from each other. So-called "virtual visitation" has become a viable child custody option that is increasingly employed by distant parents and sanctioned by court agreements.

Today, about 25 percent of children of divorce live in a different city from one of their parents. Further, 75 percent of single mothers choose to relocate at least once within four years after a split, with another 50 percent of those women moving again. This has left nearly 10 million American children without real-time interaction with one of their parents.

Prisons propose child support suspension for inmates

Lawmakers throughout the nation have begun proposing initiatives that would excuse inmates from paying child support while in prison, a controversial move that advocates say could allow prisoners to regain financial solvency faster after their release. Recently a bill has passed in the state of Maryland, despite fierce debate surrounding the issue.

The proposed initiatives, which are in consideration throughout the region, would allow inmates to suspend child support payments and halt the accrual of past-due charges during inmates' prison terms. To be eligible for the program, an inmate generally must be serving a sentence that is 18 months or longer.

Boy found in North Carolina after non-custodial kidnapping

Child custody issues are often the most contentious in divorce cases, which sometimes leads parents to do things they would not normally do. A recent example involved a Florida boy who went missing from Murfreesboro, North Carolina in February. He was recently found at his mother's home, according to official reports.

The 27-year-old woman is accused of kidnapping her son. She is being held in the Hertford County Jail, where she will remain until she is transported for extradition to Florida. The 3-year-old boy had been living with his father, who was awarded sole child custody.

CDC study: Shacking up no longer means shipping out

A newly released study from the Centers for Disease Control shows that couples who live together before marriage may not be at risk for higher divorce rates as was previously thought. Information from a survey of 22,000 men and women shows that social trends may have changed since the days when cohabitation almost certainly predicted a future split.

Living together before marriage used to spell big trouble for couples. In the 1960s, only about 10 percent of couples cohabitated first, and they ended up with much higher divorce rates. Today, though, nearly 60 percent of couples live together first. Researchers say that because the practice is now so much more common, couples are subject to less social stigma and thus divorce less frequently.

Annuity division can cause divorce headaches

Breaking up a marriage is difficult, but breaking up is even harder when it comes to financial assets associated with a divorce. Annuities pose a particular challenge because they come with a variety of contract rules and terms that can make splitting up funds nearly impossible without severe penalties.

Many attorneys do not understand the subtleties of annuity division, which can lead to dire consequences for divorcees. A financial firm tells the tale of a divorcing couple that had decided to split a large variable annuity that was inside an individual retirement account. The clients ended up paying nearly 20 percent in early withdrawal charges. For the $500,000 asset, that translated into a loss of about $50,000 for each person.

Man fights custody case after deportation to Mexico

A recent East Coast deportation and family law case is drawing the ire of advocates because of a parental rights dispute. The case involves U.S. efforts to terminate a Mexican man's custody rights to his children, contending that the kids would not receive adequate care in Mexico.

The man was deported in 2010, according to court records. His children were left in the care of their American-born mother, who attorneys say is mentally ill. The children were soon placed in foster care after the man was expelled from the country. His deportation was allegedly inappropriately expedited despite policy accommodations for primary caregivers. Child welfare officials contend that the children will be better cared for by strangers in their home country than by their father in Mexico. The ruling could open the way for the boys to be adopted by American parents.

Retail purchase data could affect divorce decisions

Recent data released by Target and The New York Times indicate that purchasing patterns change during major life events. The data compilation, which described occurrences such as pregnancy, divorce and marriage, described changing consumer behavior, but it also raised questions about the ethics of information mining among the purchasing public. Target has decided to use the information to aim specific deals toward characteristic audiences. Couples with a new baby, for instance, would receive more coupons for diapers.

Experts wonder whether the information will expose spending habits that may precede a divorce. Alcohol consumption tends to increase prior to a divorce, for example, according to the data findings. Further, legal officials argue that the information might one day become fair game in divorce proceedings, which could pose a variety of ethical concerns. Furthermore, the appropriateness of targeting specific messages toward divorcees has come under fire.

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The Law Office of
Bryce D. Neier

2525 Raeford Road, Suite D
Fayetteville, NC 28305

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PO Box 87164
Fayetteville, NC 28304

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