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How a Family Law Attorney Can Help With Child Support Cases

Tue, 07 Apr 2026 13:54:58 GMT

Are you struggling to navigate the complex waters of child support? If so, you’re not alone, and finding the right help is critical. At Allan Brandon Tise PLLC, a trusted family law firm, we understand that child support cases involve more than numbers; they affect your child’s future and your peace of mind. This blog will guide you through how a family law attorney can help you understand how child support is calculated, protect your rights, and provide the support you need to handle your case effectively. Whether you are initiating a claim or responding to one, expert legal advice can make all the difference.

Understanding Child Support and How It Is Calculated

Child support is a financial obligation that non-custodial parents pay to help cover expenses related to raising their children. These expenses often include basic needs such as food, clothing, education, healthcare, and housing. In North Carolina, child support calculations follow specific guidelines to ensure fairness based on multiple factors.

Generally, courts consider each parent’s income, the number of children involved, healthcare costs, childcare expenses, and the custodial arrangement. The calculation method aims to balance financial responsibilities fairly so children maintain a stable standard of living. Since income can fluctuate, modifications are possible as circumstances change over time.

Given the complexity of these calculations and the importance of accuracy, consulting a family law attorney in Wilmington, NC, can ensure that support amounts reflect current laws and your specific situation.

The Role of a Family Law Attorney in Child Support Cases

Engaging a family law attorney brings valuable expertise to child support cases. From the initial filing to enforcement and modification, a family law lawyer handles numerous critical roles:

Initial Consultation and Case Assessment

Your attorney reviews all relevant documents, including income statements, custody agreements, and prior court orders. This assessment clarifies your rights and obligations, allowing you to understand potential outcomes.

Accurate Child Support Calculation

A skilled family law attorney can help compute child support amounts according to North Carolina’s guidelines, ensuring the figures are precise and justified. This includes gathering necessary financial records and considering unique expenses.

Negotiating Settlements and Agreements

Many child support cases settle outside of court. An attorney negotiates favorable agreements that protect your interests and prevent future misunderstandings. They may assist in drafting enforceable agreements that align with state regulations.

Court Representation and Advocacy

If disputes arise or adjustments are needed, your attorney represents you during court proceedings. His/Her knowledge of family law helps advocate effectively for your rights or those of your child to the judge.

Enforcement of Child Support Orders

In cases where payments are delayed or denied, family law attorneys collaborate with relevant agencies to enforce child support orders. This may involve wage garnishments, liens, or other legal remedies.

Modification of Child Support Orders

Life changes such as job loss, relocation, or new family dynamics may necessitate changes in child support. Your attorney can assist in filing for modifications and presenting compelling justifications to the court.

Why Hiring a Family Law Firm Matters

When dealing with sensitive matters like child support, working with a reputable family law firm ensures comprehensive legal support.

An established firm understands local court procedures and personnel, which can streamline case management. They usually provide clear communication and timely updates, reducing the stress associated with legal processes. Their familiarity with the Wilmington, NC, legal landscape means they can anticipate potential challenges and prepare accordingly, giving clients peace of mind.

Tips for Choosing the Right Family Law Lawyer

Finding the right family law attorney affects the outcome of your child support case. Consider these tips when selecting legal representation:

• Verify experience specifically in family law and child support matters.

• Look for positive client testimonials or reviews.

• Ensure clear, compassionate communication and availability.

• Confirm familiarity with Wilmington’s family court system.

• Seek attorneys who provide upfront information about fees and processes.

Protect Your Child’s Future With Experienced Legal Help

Child support issues require careful legal navigation to safeguard your child’s well-being and your parental rights. By hiring a qualified family law attorney, you gain access to expert advice, accurate calculations, and effective representation in both negotiation and court settings. Don’t go through the complexities alone; professional guidance helps you move forward confidently and secure the financial support your child deserves. If you’re facing child support challenges or have questions about your specific case, reach out today to discuss your options with a trusted family law lawyer at Allan Brandon Tise PLLC. Protect your child’s future by taking the first step toward skilled and compassionate legal assistance.

Divorce Mistakes to Avoid: Advice From a Family Law Attorney

Thu, 30 Oct 2025 07:15:46 GMT

Divorce is a life-changing event that can feel overwhelming and confusing for families. Getting the right advice from a family law attorney in Wilmington, NC , can make all the difference. Allan Brandon Tise, PLLC, has provided this article to help residents avoid common divorce mistakes and protect their future. With reliable legal support and well-informed decisions, families can keep their well-being and interests front and center from the beginning to the end of a divorce.

Mistake #1: Letting Emotions Drive Decisions

When personal emotions take charge, divorce decisions often become fueled by anger, disappointment, or even guilt. This can lead to choices that damage your finances or relationships for years to come. A family law attorney reminds you to focus on fairness and facts, instead of letting your feelings get the best of you. Clients who make calm, practical decisions typically reach more satisfying outcomes.

Mistake #2: Not Seeking Timely Legal Advice

Too many people wait until divorce proceedings get stressful before talking to a family law attorney in Wilmington, NC. Waiting too long can mean missing out on key opportunities, such as securing child custody or ensuring fair property division. As soon as separation becomes a possibility, contact a family law firm in Wilmington, NC, to understand the legal steps ahead. Early advice helps protect your rights from the start and gives you time to prepare a workable plan.

Mistake #3: Overlooking Financial Details

It’s easy to miss the fine points of your family’s finances, especially during a breakup. Unlisted assets, forgotten debts, or hidden expenses can cause disputes later. A family law attorney helps you document every account, investment, and loan. Remember to include future expenses like college tuition or children’s medical needs. Keeping detailed records preserves your financial security and helps prevent legal troubles down the road.

Mistake #4: Neglecting the Children’s Best Interests

Sometimes parents get caught up in their own concerns and forget how much the divorce affects their children. Hostile arguments over custody or child support only add stress. Focusing on your children’s best interests leads to better results and a healthier family dynamic.

With guidance from a family law attorney, you’ll learn to build positive co-parenting habits and set realistic expectations, helping your kids adjust to their new life. For additional parenting resources, visit this helpful article about co-parenting tips for divorced parents .

Mistake #5: Ignoring Mediation or Alternative Dispute Solutions

Not all divorces need a court battle. Mediation or other dispute resolution choices are often faster and less expensive. Ask your family law attorney in Wilmington, NC, if mediation might work for you.

Mistake #6: Failing to Communicate Clearly

Communication problems cause many divorce disputes. Unclear conversations about custody, schedules, or support can result in confusion and legal battles. Always document your talks and agreements, keeping written records when possible. Your family law attorney helps you draft clear settlement terms, formal emails, or letters as needed. This makes it easier to enforce agreements and resolve issues quickly.

Mistake #7: Using Social Media Carelessly

Sharing personal updates, relationship news, or financial details online during a divorce is risky. Anything posted on social media can be used in court against you or cause painful misunderstandings. To avoid these problems, keep your social media accounts private and avoid posting about the divorce. If you aren’t sure what’s safe, talk to your family law attorney for guidance on protecting your reputation online.

Mistake #8: Not Understanding the Legal Agreement

Signing separation agreements or child custody arrangements without reading the details is never wise. You could be agreeing to something that does not fit your needs or limits your future options. Every contract and court order should be carefully explained by a family law attorney. If you don’t fully understand the paperwork, ask questions until you do. Preparation and clarity help avoid regret and future legal trouble.

Mistake #9: Failing to Prepare for Life After Divorce

After the divorce, life doesn’t just pick up where it left off. You may need to update estate plans, adjust finances, find new housing, or access community resources. Getting organized for your next chapter—with new routines and relationships—will help your family adapt and thrive confidently.

Mistake #10: Choosing the Wrong Attorney

The right family law attorney understands your goals and communicates honestly. Don’t rush into choosing someone based only on their fees or availability. Finding an attorney with experience, a good reputation, and proven results makes divorce easier and less stressful. Ask about their approach to family law issues and how they support clients throughout and after the divorce process. This decision impacts your family’s future, so invest the time to choose wisely.

Practical Tips to Avoid Mistakes

Minimizing errors during divorce isn’t just about legal paperwork. Some practical tips to keep in mind:

Keep all important documents organized and backed up digitally.
Consult with a therapist or counselor to manage your emotional well-being.
Create a parenting plan that prioritizes your children’s needs.
Follow professional advice from your legal team every step of the way.

Taking these steps with guidance from a family law attorney ensures you have a stable and secure path forward.

Get Local Guidance for Divorce Success

Divorce doesn’t have to be a battle filled with mistakes. If you or someone you love is facing separation in Wilmington, NC, reach out for compassionate help and trusted knowledge. Allan Brandon Tise, PLLC, is dedicated to serving local families with smart guidance and clear strategies. Contact us and schedule a confidential consultation today to prepare for the next chapter—and protect what matters most for your family.

What to Expect When Hiring a Child Custody Attorney in NC

Mon, 23 Jun 2025 03:21:29 GMT

Facing a child custody dispute can be emotionally challenging, but having the right legal support can make all the difference. If you’re searching for a child custody attorney in Wilmington, NC , understanding what to expect during the process can help you feel more prepared and confident in your decisions. At Allan Brandon Tise, PLLC, we guide clients through every step of child custody law in Wilmington, NC, ensuring their rights and their children’s best interests are protected.

Understanding Child Custody Law in Wilmington, NC

Child custody cases in North Carolina focus on the child’s best interests, considering factors such as parental stability , living arrangements, and the child’s relationship with each parent. Child custody law in, NC distinguishes between legal custody (decision-making authority) and physical custody (where the child lives). Courts may award shared, primary, or sole custody, depending on the circumstances.

A skilled child custody attorney in Wilmington, NC can help you navigate these complexities, advocating for a fair arrangement that prioritizes your child’s well-being.

Step-by-Step: The Child Custody Process

1. Initial Consultation

Your first meeting with an attorney will involve discussing your case, goals, and legal options. At Allan Brandon Tise, PLLC, we take the time to understand your situation and outline a strategy tailored to your needs and the facts of the case.

2. Filing a Custody Action

If an agreement cannot be reached voluntarily, your attorney will file a custody complaint in family court. North Carolina requires parents to attend mediation before a trial, aiming for an amicable resolution in a Parenting Agreement.

3. Negotiation & Mediation

Many cases settle during mediation, where both parties work with a neutral courthouse mediator.

4. Court Proceedings (If Necessary)

If mediation fails, the case proceeds to trial. Your attorney will present evidence, call witnesses, and argue why your proposed custody arrangement serves the child’s best interests.

5. Finalizing the Custody Order

Once a judge rules, a custody order is issued, detailing custody visitation, decision-making, and other terms. Modifications can be sought upon agreement of the parties or a substantial change of circumstances, materially affecting the welfare of the child, and warranting a chang for the child’s best interests.

How Allan Brandon Tise, PLLC Supports You

Our firm provides compassionate yet assertive representation, ensuring you are informed and empowered throughout the process. From explaining child custody law in Wilmington, NC to fighting for your rights in court, we prioritize your family’s future.

Contact a Child Custody Attorney in Wilmington, NC for Skilled Representation!

If you need a trusted child custody attorney in Wilmington, NC, do not navigate this challenging process alone. Contact Allan Brandon Tise, PLLC for expert legal guidance and dedicated advocacy. Let us help you secure the best outcome for your child.

Child Custody Law in Wilmington, NC: Protecting Your Parental Rights

Wed, 09 Apr 2025 13:52:08 GMT

Facing a child custody dispute in Wilmington, NC, can be overwhelming, especially when your child's well-being is at stake. At Allan Brandon Tise, PLLC, we understand the complexities of child custody law and are here to guide you through the process. Whether you're establishing custody or fighting for visitation rights, we provide expert legal representation focused on protecting your parental rights and ensuring the best interests of your child. Call us today at (910) 251-9614 to discuss your case and take the first step toward a resolution.

What Does Child Custody Law Involve?

Child custody law in Wilmington, NC, involves determining where and with whom the child will live, as well as who will make critical decisions regarding the child's welfare, such as education, healthcare, and religious upbringing. Child custody cases can be complex, and it's crucial to have experienced legal representation to ensure your rights are protected.

Effective Legal Services for All Child Custody Matters

At Allan Brandon Tise, PLLC, we offer a range of child custody services to meet your specific needs:

Initial Custody Cases: We help you establish a custody arrangement that works in the best interests of your child.
Custody Modifications: Life circumstances change, and sometimes custody agreements need to be updated. We help you navigate the legal process for modifying custody arrangements when necessary.
Visitation and Parenting Plans: We assist in developing fair visitation schedules and comprehensive parenting plans that help ensure consistent and healthy relationships with both parents.

Why Choose Allan Brandon Tise, PLLC?

With years of experience handling child custody cases in Wilmington, NC, Allan Brandon Tise, PLLC , is committed to providing top-tier legal representation that prioritizes your child’s well-being. Our firm offers:

Personalized Legal Strategies : We understand that every family and situation is unique. Our team provides tailored strategies to meet your specific needs, focusing on achieving the best possible outcome.
Compassionate Service : We recognize the emotional toll these cases can take. Our team is here to offer support, providing clear and empathetic advice throughout the process.

Get Expert Legal Help Today

If you are involved in a child custody dispute or need to modify an existing arrangement in Wilmington, NC, Allan Brandon Tise, PLLC, is here to provide the expert legal support you need. Call us today for a consultation; we are dedicated to helping families navigate these difficult decisions.

Navigating Child Custody Law: A Parent’s Essential Guide

Thu, 13 Feb 2025 14:37:25 GMT

Child custody law can be complex and emotionally challenging for parents facing a custody dispute. Understanding your rights and the legal process is crucial to ensuring the best outcome for you and your child. Whether you’re going through a divorce or seeking modifications to an existing agreement, working with a trusted child custody attorney can make all the difference.

Understanding Child Custody Law

Child custody law governs how custody arrangements are determined, ensuring that the child’s best interests remain the top priority. Courts in North Carolina consider several factors when deciding custody, including parental stability, financial situation, and the child’s relationship with each parent. If you're in Wilmington, NC, a reputable child custody law firm can help guide you through the legal maze and advocate for your parental rights.

Types of Child Custody in North Carolina

When navigating child custody law, it’s essential to understand the different types of custody arrangements:

Physical Custody – Determines where the child will live.
Legal Custody – Grants a parent the right to make important decisions about the child’s upbringing, including education, healthcare, and religion.
Sole Custody – One parent has full legal and/or physical custody.
Joint Custody – Both parents share legal and/or physical custody.

Each case is unique, and working with an experienced child custody attorney can help ensure the best arrangement for your child.

Also, courts assess the financial ability of each parent when determining custody. Factors like employment, housing stability, and financial responsibility play a role in custody decisions.

Protecting Your Rights as a Parent With Child Custody Law

If you are involved in a custody dispute, here are some key steps to strengthen your case:

Maintain a Strong Relationship with Your Child – Be present, engaged, and supportive.
Document Everything – Keep records of communication, expenses, and interactions.
Follow Court Orders – Adhering to agreements shows responsibility and commitment.
Work with a Skilled Attorney – A dedicated child custody law firm can provide legal guidance tailored to your situation.

Get the Legal Support You Need With Child Custody Law

Navigating child custody law can be overwhelming, but you don’t have to go through it alone. At Allan Brandon Tise, LLC, we understand the emotional and legal complexities of child custody cases. We are here to help you fight for your parental rights and achieve the best outcome for your family. Contact us today for a consultation and take the first step toward securing your child’s future.

Debunking 5 of the Most Common Child Custody Myths in Wilmington, NC

Thu, 21 Nov 2024 09:42:41 GMT

When it comes to child custody battles, emotions run high, and misconceptions can make a challenging situation even more confusing. Understanding the truth behind child custody laws in North Carolina, can help parents navigate the process with greater clarity and confidence. In this blog post, we’ll debunk five of the most common child custody myths to ensure you’re better informed and prepared for what lies ahead.

Myth 1: Mothers Always Get Custody of the Children

One of the most widespread myths in child custody cases is that mothers are automatically awarded custody of their children. This is simply not true. North Carolina courts prioritize the best interests of the child when making custody decisions, regardless of gender. Both mothers and fathers are treated equally under the law.

Family law judges in North Carolina consider various factors, such as the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s overall well-being. It is crucial for both parents to present a strong case, and a skilled Child Custody Attorney in Wilmington, NC can help ensure that your rights are protected.

Myth 2: Child Custody Decisions Are Based Solely on Who Has the Bigger Income

Another common misconception is that the parent with the higher income is more likely to win custody of the child. While financial stability can play a role in custody decisions, it is not the determining factor. Courts focus on the child’s emotional needs, the ability of each parent to provide for the child, and the overall environment that each parent can offer.

The child’s relationship with each parent, the willingness of each parent to support the other’s relationship with the child, and other aspects such as the child’s preference (if they are old enough) are also significant factors. If you are concerned about your financial situation in a custody battle, consulting with a Child Custody Law Firm in Wilmington, NC , like Allan Brandon Tise PLLC, can provide guidance on how to present your case most effectively.

Myth 3: Fathers Have No Chance of Gaining Custody

Many fathers believe that they have no chance of winning custody of their children, but this is far from the truth. While historically, mothers were more likely to be awarded custody, this has changed significantly in recent years. Courts are now more focused on providing a custody arrangement that ensures the child’s best interests are met, regardless of the parent’s gender.

Fatherhood has been increasingly recognized as vital in child development, and courts now understand that fathers can be just as capable and nurturing as mothers. If you are a father seeking custody, an experienced Child Custody Attorney in Wilmington, NC , can advocate for your parental rights and help you build a strong case.

Myth 4: Child Custody Is Always Decided in Court

Many people assume that child custody decisions are always made in court, but this is not necessarily the case. In fact, many custody cases are resolved through negotiation, mediation, or out-of-court settlements. Judges encourage parents to work together to come to an agreement that is in the best interest of the child.

If both parents can agree on custody arrangements, a judge will typically approve it, saving both time and money. However, if an agreement cannot be reached, then the case will go to trial, where a judge will make a final decision. A Child Custody Law Firm in Wilmington, NC , can assist you in exploring alternatives to litigation and help you understand all your options.

Myth 5: Once a Custody Order Is Made, It’s Final

Another myth that many parents believe is that a custody order is permanent and cannot be changed. In reality, custody arrangements can be modified if there is a significant change in circumstances. For example, if a parent relocates, remarries, or there are concerns regarding the child’s well-being, a modification request can be made.

It is important to understand that the process for modifying a custody order is not automatic. The parent seeking the modification must file a motion and provide convincing evidence that the change is in the best interest of the child.

Protecting Your Parental Rights

Child custody is one of the most emotional and complex aspects of family law. Understanding the myths surrounding custody battles in Wilmington, NC, and knowing the facts can empower you to make informed decisions that protect your rights and your child’s well-being. If you are facing a custody battle, don’t face it alone.

Contact Allan Brandon Tise PLLC , a trusted Child Custody Law Firm in Wilmington, NC , to guide you through every step of the process. Call us today at 910-251-9614 or visit our contact page to schedule a consultation.

Separation Versus Divorce: Everything You Need to Know | Allan Brandon Tise, PLLC, Attorney at Law

Wed, 17 Jan 2024 14:31:33 GMT

Navigating through the maze of relationship woes can be confusing and complicated, especially when it comes to determining whether separation or divorce is the best course of action at the moment. You may be flooded with various questions about each decision's implications, processes, and emotional tolls.

These critical life-altering decisions necessitate a thorough understanding. This blog will discuss some aspects of separation and divorce to bring clarity to these complex matters, and provide you with helpful insights and critical factors to consider when deciding between these two procedures.

Separation

Actual separation in North Carolina occurs when spouses begin to live under separate roofs and at least one spouse has formed the intend that the marriage was over. The term legal separation refers to a process by which a married couple can live apart from one another without having their marriage formally dissolved by the court. May be achieved in North Carolina by separation agreement or divorce from bed and board. Unlike divorce, the couple's marriage remains valid and they retain the right to reconcile or file for divorce at a later date.

A separation agreement is a contract between the spouses that lays out the agreed upon terms and constraints. The agreement should specify the moment of separation, which is critical for equitably dividing any assets amassed during the separation. However, in North Carolina the parties may singe a separation agreement in contemplating of separation so long as they actually separate within a “reasonable” time thereafter.

If the parties desire they may include custody language to establish the legal and physical custody arrangements. This specifies the living arrangements for any children and the custody arrangement between the parents. It may also specify a schedule for making child support payments. However, custody language in a separation agreement is not a judicial determination of custody and could be superseded by a custody order.

If either spouse cannot obtain a divorce for moral or legal reasons, a legal separation may be an option. An important point to remember is that a legally separated couple cannot remarry until they divorce. Sometimes, a separation can form the foundation for a final divorce decision and entail judicial procedures and court orders.

When compared to divorce, legal separation provides for the preservation of certain privileges and rights. For instance, even after a legal separation, spouses may still be able to make decisions about each other's healthcare and finances, and they may continue to receive some of their former partner's Social Security and Medicare benefits. When a couple divorces, however, they no longer receive these benefits. Language in a separation agreement may address these issues and many others.

Reconciliation is another area where separation differs from divorce. Many couples view separation as a temporary solution, and during that time they may be able to work through their issues and reconcile.

Divorce

A divorce is a legal procedure that allows a married couple to officially end the relationship, move away from one another, and remarry if they so want. It severs the rights, obligations and privileges of marriage.

In North Carolina, one must be actually and continuously separated more than one year before filing for absolute divorce and must maintain the physical separation up through the date of divorce.

To reclaim the rights and privileges of a legally married couple, the couple must remarry after a divorce.

Contact us at Allan Brandon Tise PLLC for legal advice and representation when deciding how you want to handle any marital separation and divorce proceedings.

Child Custody Attorney in Wrightsville Beach, NC | Allan Brandon Tise, PLLC, Attorney at Law

Wed, 03 Jan 2024 15:40:50 GMT

Navigating the tumultuous waters of a child custody battle in Wrightsville Beach, NC, can be an emotionally draining and complex process. At Allan Brandon Tise, PLLC we understand the weight of these circumstances and the impact they can have on both you and your child's future.

We are here to guide you through every step of this challenging journey, providing the help and understanding you need during this critical time. With extensive experience in the field, we have mastered the intricacies of the child custody laws specific to North Carolina and Wrightsville Beach.

Why Hire an Attorney for Child Custody Cases?

A proficient child custody attorney brings a wealth of expertise to your case, significantly enhancing the chances of securing a favorable outcome. Not only do we have a deep understanding of the complex laws surrounding child custody, but we also adeptly navigate the legal system, ensuring all necessary paperwork is filled out accurately and submitted promptly.

Furthermore, we provide valuable counsel, helping you make informed decisions that best serve your child's interests. With a focus on minimizing stress and conflict, we work tirelessly to advocate for your parental rights, negotiating skillfully with the opposing party and asserting your case convincingly in court, if necessary.

At Allan Brandon Tise, PLLC our goal is to ensure that your child's best interests are at the forefront of all decisions, providing them the stability they deserve. Trust Allan Brandon Tise to be your ally in this fight, championing for your rights and the well-being of your child. Get in touch with us today to get started.

6 Subtle Signs of Emotional Abuse in Your Marriage | Allan Brandon Tise, PLLC, Attorney at Law

Thu, 14 Dec 2023 18:33:10 GMT

Every marriage experiences ups and downs. However, when the downs are dominated by continuous emotional pain, unending emotional turmoil, and are often undermined or not recognized, it may signal emotional abuse.

Emotional abuse is deceptive, leaving no physical scars, yet undermining your self-esteem and peace of mind. Here are six subtle signs you should look out for to protect your emotional well-being and seek necessary help.

1. Name Calling

When an abuser identifies you with a negative term or phrase, they are engaging in name-calling. This may take the form of a personal attack on your intellect, character, or looks. It may be difficult to identify these slights as emotional abuse because of their subtlety. Abusive pet names are another sort of endearing but demeaning teasing that people may use.

In addition, if your abuser responds to your concerns or complaints about these terms with phrases like "I am just kidding", they are reinforcing their power and control over you. The use of derogatory names is a common tactic in emotionally abusive relationships since it has the dual effect of silencing the victim and making them feel unworthy.

2. GasLighting

Gaslighting refers to a pattern of behavior in which one spouse repeatedly uses deception and manipulation of the facts to cause the other to doubt their sanity. This can set up a situation where the gaslighter has the upper hand and the other person feels powerless.

Denial and distortion are essential features of gaslighting in relationships. In an effort to make you question your own recollections and perceptions, your partner may repeatedly tell you things that complicate your remembering of an event. This might cause you to doubt yourself and become disoriented, both of which help the gaslighter keep power.

3. Patronizing

Talking down to you, questioning your intellect or ability, or treating you like you are incompetent are all signs of this form of emotional abuse. You may find that this kind of behavior justifies more authoritarian treatment from others. Your partner may try to be condescending by, for example, talking down to you or asking you questions that appear harmless. These kinds of exchanges might lower your confidence and make you feel unworthy.

When one partner indicates (but does not explicitly state) that the other is not intelligent, competent, or resourceful enough, that is another form of patronizing behavior in a relationship. An imbalance of power in the relationship can develop if one partner constantly feels they have to rescue or take care of the other.

4. Emotional Withdrawal

The use of silence is a form of emotional harm in which the abuser stops talking to or even talking to the victim for long periods of time. Feeling like you have to walk on eggshells or wonder what you did wrong can result from receiving the silent treatment. This manipulative strategy might make you feel helpless and compelled to gain the abuser’s acceptance.

5. The Cold Shoulder

Giving your partner the cold shoulder means you still talk to them but act distant and chilly anytime they are sad or furious. Like a dog left out in the rain, this sort of subtle punishment might leave you feeling like you need your partner's approval and affection all the time.

The abuser has less of a need to justify their actions when they give the cold shoulder, unlike when they give the silent treatment.

6. Constant Monitoring

Even while your partner may mean well by constantly checking in on you and wanting to know where you are at all times, this is actually a type of emotional abuse that goes unnoticed by the victim. This kind of conduct can manifest itself in a variety of ways, including frequent requests for updates, demands for details about your plans, and even digital surveillance.

It may appear that your partner is concerned about your well-being when they make constant demands to know where you've been and the individuals you are with. However, you should realize that this is their strategy for dominating you.

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Primary Legal Child Custody: Why It's Important and When To Pursue It | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 17 Nov 2023 01:10:36 GMT

When it comes to child custody battles, the primary focus is the well-being of the child. While joint custody arrangements can work well for many families, you may have a situation where primary legal custody (in your favor) is the best option. Take a look at what you need to know about primary legal custody in North Carolina and some of the top reasons why a parent might want to go this route.

What Is Primary Legal Child Custody In North Carolina?

There is not one type of child custody in North Carolina. Instead, the main categories include legal and physical custody. In North Carolina, as in other states, legal custody gives the parent (or parents, depending on the agreement) the ability to make important decisions for the child or children. These decisions could include the choice of educational institution, health/medical care and treatments, or religion.

Unlike legal custody, physical custody does not necessarily grant the parent a decision-making right. This type of custody focuses on physical care. The child will live with the parent who has physical custody of them. If both parents are awarded physical custody, the child will split their time between the two homes. This type of shared agreement is called joint, shared, custody. Joint, shared, custody can apply to legal and physical custody agreements.

In North Carolina, parents can also file for primary legal or physical custody. Primary legal custody gives the parent primary decision-making rights. If you have sole legal custody, the other parent will not have the equal right to make decisions about your child's schooling, healthcare, the religion they practice, or anything else that is considered significant or important.

Why Is Primary Legal Child Custody Important?

The tie breaking authority to make major decisions regarding the child's life can help to maintain consistency and prevent conflicts that may arise when one parent is incapable of making decisions in the child’s best interests. decision-making power. It ensures that important choices align with the parent's values and what he/she believes is best for his/her child. While it is not always necessary for one parent to take full control of decision-making for the child, and Courts often give joint legal custody some families can benefit from a primary legal custody agreement.

In situations where one parent is concerned about the stability or safety of the child, pursuing primary legal custody can provide a level of protection. Safety concerns could include parental substance abuse, domestic violence, neglect, or other factors that could potentially harm the child. Not only could these types of situations put the child in jeopardy, they could significantly impact the parent's ability to make healthy, thoughtful decisions or lead to decisions that have negative consequences.

What Happens If the Parents Don't Agree With Each Other?

High-conflict relationships between parents can negatively impact children's emotional well-being. Constant disagreements and what feels, to the child, like an ever-present battle between two people who they love, can have lasting effects.

A 2021 study published in the Journal of Child and Adolescent Trauma found a connection between high-conflict divorces and an increased likelihood of childhood post-traumatic stress symptoms. Primary legal custody can reduce the likelihood of disagreements and conflicts that arise when both parents share decision-making authority. In some situations, this may create a more stable and peaceful environment for the child to thrive.

Why Would a North Carolina Court Award Primary Legal Custody?

There is not one universal reason why a North Carolina Court would or could award primary legal custody to a parent. The court will take the child's best interests into consideration when making custody decisions.

If a parent genuinely believes that primary legal custody serves their child's best interests, he/she may pursue it. If the court agrees, they will award it. This is often the case if one parent is significantly more capable of providing emotional support, maintaining a stable home environment, or making decisions that are in line with the child's needs and well-being or when one parent’s work schedule is not conducive to equally sharing custody, or one parent has signification issue which make equal custody against the child’s best interest.

Do you want to learn more about child custody in North Carolina? Contact the office of Allan Brandon Tise, PLLC , for more information.

Types of Alimony | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 08 Sep 2023 15:19:27 GMT

What Are the Types of Alimony?

Divorce or separation can bring about significant financial changes for both parties involved. Alimony, also commonly referred to as spousal support, provides financial assistance to the lower-earning spouse to help them maintain their accustomed standard of living. In this blog post, explore the various types of alimony and delve into the factors that influence the determination of alimony payments.

Temporary Support While the Divorce Is Pending

The spouse in need of financial support typically files a motion or request with the court for temporary support. In North Carolina this is called post separation support (PSS). This can happen early in the divorce process after the initial paperwork has been filed. PSS can be paid on a regular basis (e.g., monthly) and may cover expenses such as housing, utilities, groceries, and other basic necessities.

Note that PSS is distinct from child support, which is intended to cover the needs of any dependent children. PSS ends when the question of permeant alimony is resolved or earlier if a judge places an end date in his/her ruling.

Rehabilitative Alimony

The concept behind rehabilitative alimony is to provide temporary financial assistance to the lower-earning or non-earning spouse. This is to help them acquire the skills and resources necessary to support themselves in the future. Rehabilitative alimony is intended to be a shorter term solution.

It typically has a fixed duration that allows the dependent spouse enough time to acquire education, job skills, or training to reenter the workforce or become self-sufficient. Once the recipient spouse achieves financial stability or completes the agreed-upon plan, the alimony payments may cease or be reduced.

In some cases, rehabilitative alimony orders can be modified based on changes in circumstances. For instance, if the recipient spouse encounters unexpected challenges that prevent them from following their rehabilitation plan or achieving self-sufficiency within the anticipated time frame, they might seek a modification of the alimony order.

Permanent Alimony

Permanent alimony is the ongoing financial payments that one spouse is required to provide to the other spouse after a divorce has been finalized. Longer marriages are more likely to result in longer alimony awards. If one spouse earns significantly more than the other, it also might lead to a higher likelihood of permanent alimony being awarded.

Courts may consider the lifestyle enjoyed by both spouses during the marriage and strive to approximate a similar standard of living for the recipient spouse. The physical and emotional well-being of both spouses can impact the decision to award permanent alimony. In addition, non-economic contributions such as homemaking, childcare, and support for the other spouse's career may be taken into account.

Allan Brandon Tise and his team provide dedicated legal representation, particularly in divorce and family-related cases. With a wealth of experience since 1986, they prioritize protecting your rights and ensuring your case receives the attention it deserves. Contact us today.

Factors Used To Determine the Custody of Children | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 01 Sep 2023 19:58:51 GMT

When courts determine which parent should have primary custody and whether custody should be shared, they examine several factors. These factors differ from state to state, but the fundamental inquiry remains consistent and, in one way or another, asks the question "what serves the child's best interests?" Here are some of those factors.

Domestic Abuse and Violence

Domestic abuse and violence within a household create an environment that poses substantial risks and dangers to the child's well-being. A child’s safety is a very important factor in determining if and under what conditions contact between parent and child will occur.

Such circumstances provide compelling evidence that the parent involved in the abusive behavior may not be suitable for assuming custody of visitation. The court considers the potential impact of ongoing abuse on the child's emotional, physical, and psychological welfare. It recognizes that exposure to domestic violence can have long-lasting effects on a child's development, leading to trauma, anxiety, and behavioral problems.

Ability to Provide for the Child

Determining a parent’s ability to provide for the child involves assessing the parent's financial stability, employment, and housing conditions. The court seeks evidence that the parent can adequately provide for the child's necessities, such as food, clothing, and shelter. Moreover, the parent's ability to offer a safe and nurturing environment, access to healthcare and education, and emotional support also plays a significant role.

Mental and Physical Well-being of Parents

Courts consider factors such as mental illnesses or conditions that may affect a parent's ability to care for the child. If a parent is diagnosed with a severe mental disorder that impairs their judgment or risks the child's safety, it can impact the custody decision. Similarly, evidence of substance abuse or addiction may raise serious concerns about the parent's ability to meet the child's needs.

Physical well-being is equally important, as it affects a parent's capacity to meet the child's day-to-day requirements especially for young children. If a parent has severe physical limitations that hinder their ability to provide care, such as chronic illness or disability, it may influence the custody decision. Additionally, evidence of neglect or abuse due to a parent's physical condition can be a determining factor against awarding custody.

Ability to Foster the Child's Relationship with the Other Parent

A parent's ability to foster the child's relationship with the other parent demonstrates their willingness to promote a loving and meaningful connection between the child and the noncustodial parent.

This includes facilitating regular visitation, encouraging communication, and refraining from negative comments or actions that may undermine the child's relationship with the other parent.

Courts favor parents who actively support the child's interaction with both parents, as it contributes to the child's emotional well-being and overall development.

Conversely, a parent who obstructs or discourages the child's relationship with the other parent may be viewed unfavorably by the court. Alienating behaviors or attempts to manipulate the child's perceptions of the other parent can harm the child's welfare and diminish the likelihood of a joint custody arrangement. The Court may take strong steps to prevent a parent from exposing a child to this alienation.

Custodial Child's Preferences

If an older child consistently expresses a strong preference for one parent, it could indicate a closer relationship or a more nurturing environment. The court may consider this preference but does not have to rely on it. The Court may also consider other factors, such as the child's age, maturity level, and ability to make a rational decision. This ensures the child’s decision is not influenced by manipulation or coercion from either parent.

Stability of the Home

The court assesses the extent to which a child may be positively of negatively affected by having to adjust to a new living arrangement, school, community, or other significant changes that may arise from granting custody to one parent over the other. The court strives to minimize disruptions in the child's life and promote continuity and stability. It will consider the child's established routines, social connections, and educational progress.

Allan Brandon Tise, PLLC values your significance and is committed to treating you with respect and dignity. If you are dealing with a challenging divorce or other legal matters about your family, we encourage you to get in touch with us.

Mistakes to Avoid During Alimony Negotiation | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 01 Sep 2023 19:53:03 GMT

Alimony negotiation is one of the toughest parts of divorce proceedings. As the supporting spouse in alimony negotiations, you may have difficulty accepting that you must support your spouse financially, in the future, even though you are no longer married.

If you are not careful, the mental and emotional pressure of alimony negotiations may lead you to make mistakes that affect your financial future. To help you avoid jeopardizing your finances, read on to learn about four mistakes you should avoid during alimony negotiations.

1. Do Not Spend or Hide Money to Reduce Payments

Many people assume that if they spend their money, the judge will ask them to pay less alimony. This dangerous assumption can have lasting repercussions on your financial stability after divorce. The court determines what amount to pay for spousal support based on income, and need of the dependent spouse.

You may think you can hide your money if you can't spend it, but this is also a bad idea. The judge will discover that you have hidden your money, which compromises your credibility and subject you to sanctions and potential contempt of court.

2. Do Not Choose Short-Term Payments or a One-Time Deposit

Divorce can be an unpleasant experience and make you want to get it over with and cut all ties with your ex. However, if you rush your alimony payments, you often end up being the loser.

If you opt for short-term payments or a lump sum, you pay a substantial amount of money within a short time, which can put a dent in your savings. Long-term payments may cost less, and you can terminate alimony if you die, your spouse dies, your spouse cohabitates, a specific cut off date is stated, or your spouse remarries. If you had already paid a lump sum or finished your short-term payments before one of these events occurs you lose all that money.

3. Do Not Fail to Specify the Terms of Payment and Termination

Ensure you negotiate an alimony agreement that is specific on how and when you will dispense the alimony and the grounds for termination of alimony. You especially want to pay attention to the terms of termination which were stated earlier and a fifth ground for termination is stated date for end payment even if none of the other four grounds has occurred yet.

4. Do Not Fail to Consult an Outside Expert

A financial expert can be helpful during alimony negotiations whether you are the supporting spouse or the dependent spouse. He or she may prove invaluable in helping to prove need, ability to pay and hidden income just to name a few things.

Alimony negotiations are difficult to navigate when you are still dealing with the emotional aftereffects of a divorce. That is why you need to have an attorney representing your interests. At Allan Brandon Tise, we give you help to negotiate your alimony agreement favorably. Contact us today for legal representation during your divorce proceedings and alimony negotiations.

3 Tips for Divorcing a Narcissist | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 01 Sep 2023 19:52:57 GMT

Whether your spouse is formally diagnosed with narcissistic personality disorder (NPD) or you merely suspect that they have the condition, you know that their ego, inability to handle any kind of perceived criticism, and total lack of empathy for others are all going to be on grand display during your divorce.

In other words, they are not going to make anything about your divorce process easy if they can help it. In an effort to maintain control over the situation (and you), you can generally expect them to be as manipulative and infuriating as possible. Fortunately, there are things you can do that will give you some emotional distance and limit how much satisfaction they can get from their antics. Here are strategies to try.

The Gray Rock Method

This is basically a psychological tactic that focuses on controlling your visible reactions whenever your narcissistic spouse attempts to provoke you into a fight or manipulate you. The goal is to make your responses to their provocations so dull and mild that you are about as interesting as a plain, gray rock.

Here's how to implement this technique:

Control your body language and facial expressions - These are big giveaways to your emotional state. When you have to interact with your spouse, adopt a neutral look and relax your shoulders so that you seem visibly unconcerned by anything they say.
Give very limited verbal responses - When possible, just stay silent and look at your spouse with that carefully crafted neutral expression. If you must answer, be brief and noncommittal. Never elaborate on or justify your reasoning.
Don't believe anything they say - Recognize their bluster for what it is and do not fire back. For example, if they swear that you won't see a dime of child support, just shrug and say, "We'll see." Remember that the court, not your spouse, has the real power.

If your spouse is a narcissist, drawing you into a debate or getting you angry is an actual game to them. If you get good at the gray rock method, you deprive them of the drama they crave.

The "Of Course" Method

This is more about creating some emotional distance in your own mind from your spouse's abusive behavior by using predictive awareness to anticipate exactly what your spouse is likely to do or say. Once you see the patterns, they're much easier to just observe without engaging.

The "Of Course" Method involves reminding yourself that your spouse is trying to trigger you into a fight by hitting where they know it hurts. For example, if your spouse knows that you are worried about the children, they may call you an unfit parent and threaten to demand full custody. Mentally, you need to remind yourself, "Of course they would say that because they know it scares me."

Spend some time thinking about the things that your spouse often uses to needle you and pull you into a fight. The more clearly you anticipate what they are going to say, the more their actions become predictable, routine, and ineffective. Once their behavior stops rewarding them with a thrill or a sense of power, they may stop.

Insist That All Communications Go Through Your Lawyer

Finally, if your spouse's behavior is escalating or frightening to you, or you simply do no want to deal with them any further, you can ask the court to order them to communicate with you only through approved channels, like via your respective representation. That not only provides you with an automatic buffer from their bad behavior, but it creates a record that may later be useful in court.

At Allan Brandon Tise, PLLC, we are committed to helping our clients get through their divorces as easily as possible, without sacrificing any of their legal rights or interests. Contact us today to learn more.

Domestic Violence: What Stops a Victim From Leaving and How a Lawyer Can Help | Allan Brandon Tise, PLLC, Attorney at Law

Wed, 07 Jun 2023 16:34:00 GMT

If you have ever experienced an abusive marriage, you know how scary and difficult it can be to try to get out of that situation. At times it can feel like all the cards are stacked against you and you cannot catch your breath. Fortunately, no matter how hard it may be to get yourself out or ask for help, a lawyer can help you get out of the hostile situation, find a better future, and assist you in the following areas that may be of concern.

No Financial Resources

Someone who has experienced financial abuse from a partner will may not have enough resources at their disposal when they decide it is time to get out of an abusive relationship. Abusers will often purposely cut off their partner's financial resources so that they cannot leave when they want to, as they feel they need to be the ones in control of the relationship. If you are leaving an abusive marriage, you should talk to a divorce lawyer before you leave your abuser. A lawyer who works in domestic violence cases will have resources for you. A lawyer can also help you secure any of your assets when you leave. A lawyer can also help you file a lawsuit against your abusive partner. While the lawsuit may not feel like enough justice after everything you endured, you could be financially compensated for all of the financial loss you experienced during your marriage. If you file for divorce, a lawyer can advocate for spousal support if you are a financially dependent spouse.

Fear for Personal Self or Property Safety

When you are in an abusive relationship, your partner may assert their physical dominance time and time again, making you feel afraid of them. It is common for an abusive partner to threaten the victim's life or safety if they try to leave the relationship. Sometimes they may extend that violent threat to the family members of the victim to further scare the victim into submission and compliance. If you have experienced this, do not hesitate to reach out to a lawyer. A lawyer can help you get an emergency protection order in place to ensure you are safe while you wait for the court hearing regarding the one-year restraining order. Emergency protection orders will protect you until your domestic violence hearing. These orders will prohibit your abuser from contacting you in any way. They are not allowed to be near you physically. Sometimes it can even ban them from owning a gun. Having an emergency protection order can provide you with a sense of safety and peace of mind after you leave an abusive partner.

Children Are Involved

Someone with children may choose to stay in an abusive marriage so they can watch over the children. They may also feel they will not be able to house or feed their children so they may decide that staying will be better or safer for the children. If the children are not getting abused, the situation may not seem as urgent but it is. Victims may also fear that there is not enough proof of the abuse to get custody of the children and they will be given to the abusive parent. Protecting your children is just as important as protecting yourself.

Contacting a lawyer is the best decision to make. When you are getting your emergency protection order, you can request that it also give you emergency custody of the children.
If you are leaving an abusive marriage, contact us at Allan Brandon Tise, PLLC today. We can get you started on the protection orders to make sure that you and your children can start your new lives in peace just like you deserve.

7 Key Reasons to Hire a Lawyer During Divorce | Allan Brandon Tise, PLLC, Attorney at Law

Mon, 01 May 2023 15:54:00 GMT

Divorce can be challenging despite both parties agreeing to part ways. Children's custody and asset division are two of the potential areas of contention during a divorce. If you are getting a divorce, consider hiring a lawyer. Discover some of the reasons you should seek the help of a divorce attorney

1. Better Communication With Your Spouse

Separation and divorce complicate communication. Since emotions and tension are high, you may need to limit your contact with your ex. The anger and feeling of betrayal can ruin communication between you and your partner.

Unfortunately, total lack of communication can derail the divorce process. Despite feeling angered by your ex-spouse, you still need to discuss various issues. Luckily, your divorce lawyer can take charge of the communication to avoid problems. An attorney can talk to your Spouse’s legal team without eliciting emotions.

2. Someone to Deal With Legal Paperwork

You must file a lawsuit to the court to initiate a divorce. The court needs certain specific information regarding your marriage. You may not know which documents the court requires unless you have been through a divorce.

However, you don't have to deal with stressful paperwork when you have a divorce attorney in your corner. An attorney will inform you which documents you must gather and help you complete the necessary paperwork. Apart from drafting the most effective document, your divorce attorney will also explain the contents of the paperwork.

3. Avoid Expensive Mistakes

Mistakes during divorce proceedings can cost you or derail your case. Unfortunately, many people don't realize when they make serious mistakes and may not be able to remedy them. Familiarizing yourself with the common mistakes during divorce can help you avoid them. However, you still need an attorney to help you avoid costly errors.

Some mistakes can cause financial harm or paint a bad picture of you. Correcting financial mistakes may require additional legal proceedings that cost more money. If you paint a bad image to the judge, he/she might rule in favor of your ex-spouse.

4. Legal Know-how

You are allowed to represent yourself in court without the assistance of a lawyer. However, pro se litigants have lower chances of success. So, as much as you would want to represent yourself, you may lack the legal know-how to handle a family law case.

By hiring a divorce attorney, you usually increase your chances of success. Attorneys are knowledgeable and can help avoid unnecessary conflicts. Make your divorce journey smoother by hiring a knowledgeable guide.

5. Peace of Mind

Divorce is an emotionally stressful experience that can affect your mental health. Having someone to help you with the negotiations and legal responsibilities can alleviate stress.

Delegating these responsibilities to a divorce attorney takes a lot of the burden of handling the case off your shoulders. This way, you can move forward and rebuild your life.

6. Objective Advice

Many people fail to see things objectively, especially when emotions run high. Since you and your partner are not impartial during divorce, you will need someone to offer objective advice.

A divorce attorney who sees things objectively makes them an excellent addition to your team. Your attorney will offer objective advice based on what is best for you.

Allan Brandon Tise, PLLC, we can help get you through your divorce. Contact us for help with your divorce case.

Child Custody Attorney in Wilmington, NC | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 31 Mar 2023 15:24:00 GMT

No area of family law is more delicate than child custody law. Whether you are looking to retain custody or gain shared custody, you will need to work with an experienced, empathetic child custody attorney. If you live in new Hanover or Pender Counties Allan Brandon Tise and his team of legal professionals will help you get the most desirable outcome for your child custody case.

Your Go-To Child Custody Law Firm

Child custody cases elicit high emotions because they do not just pertain to your wants — they pertain to your child's needs. Of course, you and your ex likely have different feelings about what your child needs, which is why matters of child custody often become legal battles. Whatever the nature of your child custody dispute, we will help you try to obtain a favourable outcome.

Retain Shared Custody

Oftentimes, shared custody provides is the most favourable outcome for children whose parents are no longer together. Unfortunately, embittered exes might try to obtain sole or primary custody out of spite, even if there has been a standing shared custody arrangement. Allan Brandon Tise and his team will try to ensure that you can retain shared custody for the benefit of your child.

Obtain Sole Custody

Shared custody is not always possible, and sometimes an existing shared custody arrangement is no longer conducive to a positive growing environment for a child. If your child would be better off under your primary custody, our team will work with you to try to obtain such an arrangement. We can also be your child support attorney if your ex refuses to make payments.

Regain Lost Custody

If you lost custody of your child, it doe not mean you do not have a chance to reenter your child’s life and have a significant positive influence. Whether or not a past mistake on your part led to the loss of custody, we can help you try and regain a meaningful relationship with your child.

How to Win a Child Custody Case | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 24 Feb 2023 03:05:00 GMT

If you are in a child custody battle, the court's main concern is what is the best interest of the child. When deciding who gets custody, the court will look at several things, such as the child's relationship with each parent, each parent's ability to give the child a stable life, and any history of abuse or neglect. You must show that your custody arrangement is in the child's best interest to win a child custody case.

Discover tips on how to win a child custody case.

Address Issues That Could Work Against You

If you have a child custody case, it is critical to identify and address any issues that may work against you. For instance, a history of substance abuse, addiction, domestic violence, and mental health issues could result in the loss of a child custody case.

If you have a history of substance abuse, you should seek treatment and demonstrate a commitment to recovery by going to support groups, getting therapy, and getting tested for drugs or alcohol to show you are worthy to keep custody of the child.

Additionally, if you have a history of domestic violence or abuse, it maybe advisable to take part in a domestic violence program or see a therapist to manage your anger.

Taking your medication as directed and seeking therapy or other forms of treatment for mental health issues will also show your willingness to deal with and manage any underlying problems.

Document Your Ex-Partner's Bad Behavior

In a child custody case, keeping records of your ex's bad behavior can be an important strategy to win the case. By keeping track of any cases of neglect, abuse, or other bad behavior, you can support your case with evidence and show the court why your custody arrangement is in the child's best interests.

These records can be written, like emails or text messages, or they can be visual, like pictures or videos of your partner's bad behavior. Also, testimony from people who have seen how your ex-partner has behaved can help you make your case.

Watch Your Courtroom Demeanor

Courtroom demeanor refers to how a person behaves and presents themselves in a courtroom. In a child custody case, a person's demeanor can be an important factor in the judge's decision. A calm and collected demeanor can help show the judge that the person can handle the stresses of the courtroom and, thus, the responsibilities of raising a child.

On the other hand, an angry, aggressive, or hostile person in the courtroom may be seen as unable to handle the challenges of child custody and may be less likely to be awarded custody.

One can also improve their chances of winning a child custody case by looking confident and ready, treating the judge and the other party with respect, and stating your position clearly.

Stay Positively Engaged in Your Child's Life

Staying involved in your child's life can help you win a child custody case. You can show the court that you play an integral part in your child's life by being involved in their daily activities, like attending important events and staying involved in their school and extracurricular activities.

This can help show that your custody arrangement is in the child's best interests, as it will allow them to maintain a close and meaningful relationship with you.

Hire an Experienced Family Attorney

Hiring an experienced attorney can be key to winning a child custody case. An attorney can help you through the complicated rules and procedures of a custody case by giving you good advice and guiding you through the legal process.

They can help you gather and organize the evidence and competently represent you in court. Also, an experienced attorney can give you information on how your case might turn out and help you develop a plan to improve your chances of winning.

At Allan Brandon Tise, PLLC, we help our clients win child custody cases. We know a lot about how custody cases are handled by the law and how they work. We are also committed to giving each client personalized and careful representation. Contact us today for inquiries.

5 Steps To Take When Preparing For Divorce | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 24 Feb 2023 03:00:00 GMT

A divorce is a major development in any person's life. The process has monumental legal, emotional, financial, and social implications. For instance, you may have to decide spousal support, child support, divide assets, and work on child custody. Learn how to prepare for divorce.

1. Determine What You Owe

The laws concerning marital debt vary from one state to another. In North Carolina, Equitable Distribution is used to determine marital debt.

2. Write Everything Down

If you haven't kept a diary in a long time, now may be the right time to start. Keep details of key events like who takes the children to school. Also, note down details of fights and arguments if and when they occur. Keeping records is important since you may not remember every detail when the divorce proceedings start.

3. Get Marriage Documents

Create a document file that contains paperwork that relates to your marriage. Discover some key documents to include in the file:

Also, make digital copies of these documents and create an online backup.

4. Compile Key Financial Documents

Identify any important financial paperwork. The following is some of the paperwork to gather:

Generally, the courts require parties to divorce proceedings to disclose all financial information. Therefore, do not forget to exclude anything when making the relevant copies.

5. Work Out a Separation Agreement

Some couples decide to create separation arrangements as they work on the divorce. The separation agreement can address any or all pending issues with custody, it is a better idea to do a court order on that issue.

Couples can also agree on the bill payment, child support, spousal support, and property division. Once the couples have decided, they can get lawyers to make a legally binding agreement.

For instance, the separation agreement can include the following details:

Work With a Professional Attorney

Once you decide to get a divorce, an attorney will be your best partner throughout the process. Allan Brandon Tise, PLLC, is a family law office that offers multiple legal services. Contact us to get help with divorce and child custody cases.

5 Legal Grounds for Child Custody Modifications | Allan Brandon Tise, PLLC, Attorney at Law

Thu, 27 Oct 2022 16:24:00 GMT

The need to modify child support orders could arise based on changes in the lives of the parents or the child. However, the desire to change the order is not enough to guarantee the modification. Instead, you must prove that the amendment is based upon a substantial change of circumstances materially affecting the welfare of the child and how in your child's best interest.

This blog discusses five legal grounds that allow changes in child custody agreements.

1. Physical Relocation

The court may limit the ability of the child to relocate. So, if the custodial parent wants to move moves, you can petition the court for child custody modification. However, a move does not guarantee that you will win the custodial battle. It must still be a substantial change of circumstances, materially affecting the welfare of the child and now be in the child’s best interest that a modification of custody or visitation occur.

In NC, if one parent’s desire to move with the child will significantly affect your child's life or your ability to visit them. The court may decide child custody modification is in the child’s best interests. Some factors include:

Your petition for a modification is more likely to be successful if you can demonstrate that one of these situations exists.

2. Impending Danger

Child custody agreements usually depend on the child's best interest. So, you could request a change in custody if the other parent engages in behaviors that endanger your child. Courts consider whether your child is in immediate danger or unwilling to stay with the other parent in the final verdict.

Some behaviors that endanger your child's life include:

An experienced family law attorney can help you gather the necessary evidence to show the court if your child is in danger due to the behaviors of their other parent.

3. Situational Changes or Death

Situations change over time and could affect the child custody order in a good or bad way. Changes warranting child custody modification must be substantial enough to materially affect your child's life. For instance, if there was previous substance abuse that is now resolved, you may request an amendment to spend more time with your child.

The court presumes the surviving biological parent is the most fit person to have custody a child after the death of a custodial parent. However, some factual situations may negate this presumption and warrant custody be given to a third party.

4. Failure to Follow Visitation and Custodial Terms

You could request a change in your custody agreement if the other parent consistently does not follow the current visitation schedule. For instance, you may not want to keep the same visitation schedule if the other parent skips most of the visits. In such a scenario, the judge may revoke or modify the rights of the absentee parent to less or no visitation. This is a case by case situation and fact dependent.

You should also follow the custody order. Failure by either parent to do so may give you a right to request a change in the custodial agreement but, you must prove to the court that the violations materially affect your child's welfare.

5. Change in the Child's Needs

Needs change in different stages of your child's life. Besides normal aging, changes in your child's mental or physical health could constitute grounds for modification. For instance, you might receive an modification if your child develops a physical disorder that you are better suited to handle.

Further, you may want a change because your home is more suitable for your child at a particular stage of life. The court may also allow modification if your child wants to stay with you. The older a child is, the more weight the court gives the wishes of the child but the court never has to do what the minor wants.

Child custody is a delicate matter that requires legal help from experienced professionals. If you want help in custody or family matters, please contact Allan Brandon Tise, PLLC immediately.

Divorce, Finances, and Hidden Assets: What You Need to Know | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 24 Jun 2022 21:40:00 GMT

A divorce is not only a way to dissolve a marriage but is also a financial transaction. As you plan to divorce, your attorney will have you collect and provide variety of financial documents. The financial aspect of divorce is important to the asset division process. As soon as you know you will get a divorce, you need to obtain all key financial documents right away.
In some instances, these important documents may disappear, or you may lose access to them. For that reason, you need to act quickly. The following are some things to keep in mind as you gather your information.
Begin Obtaining Your Financial Records To ensure the asset division process is fair to all parties involved, you need to know as much as you can about your financial situation during your marriage. Many couples combine assets when they are married. In some cases, one party in the marriage is the primary financial record keeper and has easy access to this information. That leaves the other party out of the loop.
If you did not have involvement with your marital finances, you may not know where to begin looking for the information you need. To get started, you should obtain copies of certain records. Tax returns, bank statements, credit card statements, and credit reports are the first set of documents you need to get. You also should get a copy of your mortgage statement, copies of investment accounts, and copies of all non-term insurance policies.
You also need a list of your assets, including personal property and real estate. If you have debts or other liabilities, have copies of that information as well.
Search for Hidden Assets Sadly, some spouses may attempt to conceal or hide assets from the other spouse as a way to keep those assets for themselves. There are certain signs to look out for if you suspect your spouse has hidden assets from you.
First, look over your bank statements for odd bank or ATM withdrawals. It is not uncommon for one spouse or the other to withdraw cash for various expenses. However, you may begin to notice a pattern of withdrawals at certain time intervals or in certain amounts. If anything looks suspect, inform your attorney and they will look into the matter.
Next, check your credit reports. When you are married, you should be able to access credit reports for both of you. You might notice credit cards you never knew about. If you see credit accounts, this likely means your spouse purchased items without letting you know. In addition to hiding assets, opening credit accounts without letting the other spouse know could amount to fraud, especially if they opened the cards in both spouses' names. Not only is this possibly fraud, but it also means the unsuspecting spouse will be responsible for those debts in divorce.
Next, look at your tax documents. Most law-abiding citizens will not do anything on their taxes that will trigger an audit. However, tax documents can show if one partner is trying to hide money from their spouse.
For example, if one spouse has an investment account that accrued interest, they may have collected the interest without telling the other spouse. This is common especially when one spouse does not handle the tax forms.
Your attorney can help you comb through all your financial documents to ensure nothing is hidden from you during asset division.
A divorce is a long and complex process that requires the expertise of an attorney. If you need a divorce attorney or you have any questions about divorce, please contact us at Allan Brandon Tise, PLLC, Attorney at Law .

Are You Divorcing? Here Are Popular Mistakes You Shouldn't Make | Allan Brandon Tise PLLC, Attorney at Law

Thu, 02 Jun 2022 14:57:00 GMT

Although marriage is designed to offer companionship for a lifetime, sometimes couples may realize they aren't happy or content in their marriage and may choose to part ways. In such a case, one needs to file a divorce to break up the union and move on with life.
Divorces are not always straightforward since couples are different, and the reasons for breaking up also vary. With this in mind, there are various pitfalls you may encounter if you fail to prepare. Creating time to learn more about divorce will help if you want the case to run smoothly. Here are common mistakes you shouldn't make.
Make Important Decisions Based on Your Feelings
Whether you both agreed to the divorce or not, it is natural to be emotional. After all, you have been living together and have feelings for each other. No matter how you feel, never allow your emotions to take control when making crucial decisions about your case. This will cause regrets later on.
Slander or Insult Your Spouse
When having conversations with your family or friends, resist the urge to smear your spouse or insult them just to hurt their reputation. Also, refrain from using harsh words in text messages, calls, and emails or posting demeaning things online. Be respectful when confronting your ex or responding to something they did, no matter how hurt or disappointed you are.
Your attempt to hurt their reputation may backfire unexpectedly, and they may gain more sympathy in court because your actions will appear malicious. Your spouse’s attorney may also decide to file a defamation case, which will not work in your favor if you are getting a divorce.
Fail to Work With an Attorney
Every divorce case is unique, so what worked for other couples may not work for you. Whether your marriage dissolution is by trial or mutual consent, work with a competent attorney.
Attorneys who handle divorce litigation know the ins and outs of divorce law and have experience on the job. Their expertise will allow them to offer sound advice and strategies for handling your divorce case.
If you decide to settle things out of court, the attorney will look out for your needs. He/She will ensure the agreements you sign are favorable as possible to you and your children, so you can lead a peaceful life after the divorce.
Not Pay the Usual Expenses
One mistake couples make after they decide to dissolve their marriage is not meeting their financial obligations. Doing this will only complicate the case. You and your spouse should continue paying for your usual expenses like the utility bills, mortgage, and taxes until the court weighs in on future bills and support.
Use Kids As Leverage
Your marriage dissolution process is more complex if you have kids, but this does not mean you may use them as leverage. The fact that you are separating from the mother or father of your children is already hard enough, so you should not confuse the children further.
Avoid forcing the kids to take sides or using them to punish your spouse. This will cause psychological harm in the long run. Children need both parents even after the divorce unless there is a safety concern. Your attorney can help you shield the kids from the case's inner workings, and afford them the chance to have a lasting relationship with their other parent after the divorce.
Do not be afraid to dissolve your marriage if the relationship is not working and your efforts to save the union are futile. At Allan Brandon Tise PLLC , we can guide you and ensure your children's needs are met. Call us for this service and more.

A Guide to Child Support and Extraordinary Expenses in North Carolina | Allan Brandon Tise, PLLC, Attorney at Law

Sat, 21 May 2022 21:45:00 GMT

When you seek custody of your children in a divorce, child support payments are often a big topic of discussion. Random amounts are not just thrown out on the table during a court hearing or meditation. Instead, lawyers use tools to calculate estimated child support costs. The cost calculations include the income of the family, medical expenses, and obligations to other children. One category you will come across through the child support process in North Carolina is extraordinary expenses. Learn what those expenses mean, how a lawyer calculates them, and what additions you could have to your child support.

Private Schools

One of the main costs associated with extraordinary expenses is private schools. Judge have to determine the cost is reasonable, necessary, in the child’s best interest and usually that public school cannot meet that need. This is often a difficult sell to the judge.

Special Schools

If your child has a specific interest or talent, then child support may help pay for special schools. The special schools could include a school that is separate from their traditional learning or a school that encompasses special skills and a traditional education. This is a case by case factual determination.

Transportation Between Homes

One of the biggest changes that comes with divorce and child custody agreements can be transportation between homes. You will often have to pick up your child, meet halfway, and make plans for exchanges. Whether you move or your former partner moves, you may find transportation costs add up.
In extreme cases, you will have to pay for flights for long-distance custody agreements. In smaller cases, you will have to pay for excess gas costs. Transportation costs are often put under extraordinary circumstances, and you could possibly receive child support funds to help pay for those travel costs.
A lawyer can help determine the distance you travel and what transportation costs come with those travels to determine how much a court should add to the child support.
For more information on North Carolina child support cases, contact us at Allan Brandon Tise, PLLC Attorney at Law . We have years of experience in child support laws and will help you receive the child support you deserve.

6 Factors That Impact Child Support Orders in North Carolina| Allan Brandon Tise PLLC, Attorney at Law

Sun, 10 Apr 2022 21:23:00 GMT

Child support is a legal framework that prioritizes the best interests of the children involved in a divorce to ensure they have proper support from both parents. To make sure each child's living expenses are covered no matter where they spend the night, each state has developed a formula to establish a minimum financial responsibility for each parent. In the state of North Carolina, the courts look at the following factors to determine a fair order.

1. Gross Income

A significant factor in child support determination is how much both parents earn before taxes and other fees come off their paychecks, otherwise known as their gross income. With child support, the court considers all sources of income. This includes any bonuses, commissions, alimony, gifts, shareholder dividends, or additional rental or investment income.

2. Number of Children

Because the cost of raising a single child is already significant, child support orders increase if multiple children are involved in a divorce. This is to ensure that each child's basic necessities, such as their food, clothing, mortgage or rent payments, utilities, and medical care, are covered.

3. Custody and Visitation

Whether one parent owes child support to the other or vice versa will depend largely on their custody and visitation schedule. Parents with primary custody, or custodial parents are entitled to child support from non-custodial parent in most instances. However, in situations with split or joint custody, support is affected by how much time the children spend with each parent. In general, the household with a lower income will receive support from the other household, but the courts set forth a final judgment after it considers other factors that may impact the amount of support one or both parents pay.

4. Health Insurance

A divorce decree or child support order may also require one parent to maintain healthcare coverage for the children, especially if an employer offers the coverage. In this case, the courts consider the cost of health insurance as a form of child support, which may impact the considered totals during calculation.

5. Childcare Expenses

States set their own guidelines as to what expenses are necessary for a child's wellbeing, and Carolina includes childcare, medical premiums visitation travel costs, and after-school teams or activities in these calculations.
The courts will determine a set figure for parents to adhere to on a monthly basis.

6. Evolving Needs

Children's needs change over time, as do the needs and circumstances of each parent. Child support orders are not set in stone and are modifiable if either household experiences a significant change in circumstances which would result in a 15% or greater change to the existing child support obligation.
For help with a support order, the law offices of Allan Brandon Tise PLLC, Attorney at Law , are available to ensure an order is fair and just so the children in each household receive as much financial support as they deserve.

Staying Connected to Stepchildren After a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Sat, 26 Mar 2022 16:04:00 GMT

The well-being of children often becomes the focus of a divorce. Stepparents may worry that they do not have the same parental rights. Being a stepparent does not mean the individual must walk away from a divorce and sever the ties with the children they love. Many divorcing couples can include visitation or shared custody of stepchildren in a divorce order
Negotiate with Parent
The U.S. Supreme Court ruled in 2000 that stepparents do not have rights that supersede those of biological parents. The ruling does not mean that stepparents have no options when a divorce happens. The easiest solution is to work with the biological parents to find a solution that appeals to everyone.
The stepparent should attempt an agreement with their former partner outside the courtroom. Couples that can peacefully negotiate a visitation agreement for the stepparent can save time and money in court. A lawyer can include the rights of the former stepparent to have the child a certain number of days each month or whenever is best for all involved.
Stepparents can encourage the biological parent (or parents if both currently share custody) by showing their desire to remain a beneficial influence in the life of the children. They may offer to help with daycare costs or continue to provide for the child as they did through the marriage. The details can vary according to the family and their needs.
Ask for Custody
Stepparents have the right in North Carolina to seek custody of their stepchildren in situations where the biological parents are unfit or have abrogated his/her constitutional protected status as the biological parent. To gain custody of stepchildren, the individual must first carry the burden of proof on one of these two, threshold criteria and then, if successful, must carry the burden of proof that it is in the best interest of the child for the stepparent to have custody or visitation.
Show proof of issues like domestic abuse, how the biological parents abandoned their children, or other situations where the children were uncared for or at risk. Stepparents should provide the court with evidence of their involvement in caring for the child during the marriage. Show this by offering documentation of financial support of the family, participation in school efforts, and other ways. Get evidence from daycare providers, neighbors, and anyone actively involved in the child's life.
Stay in Touch
Spouses may not have a good relationship with each other, but that does not mean anyone was a bad parent. Stepparents that cannot agree on a visitation schedule and cannot gain custody may need to find a different method of how they stay in contact with the children. A custody agreement can contain the right of the stepparent to maintain contact with the children through letters, cards, and texts. The connection can reassure the children that their former stepparent still loves them. The relationship can stay strong as the children mature and become adults who can choose to have their former guardian in their lives again.
Stepparents given the right to contact their former stepchildren should keep their communication about the child and not about the other parent. Any effort to emotionally divide the children from their biological parents could cause the contact to end
Children often struggle with the changes that occur after a divorce. Staying in touch with a stepparent can reassure kids and make the process less painful. A divorce does not mean stepparents will automatically lose their parenting role. Talk to Allan Brandon Tise PLLC, Attorney at Law , to discover the options available to you. Call today to schedule a consultation.

Divorce and Pets: How Do You Share Your Furry Companion With Your Former Spouse? | Allan Brandon Tise PLLC, Attorney at Law

Fri, 25 Feb 2022 15:38:00 GMT

Divorce is difficult for everyone involved, including beloved pets. There are very specific custody proceedings that are in place to handle dividing the time spent with your children. For many people, pets are just as much a part of the family as our children. Sadly, they are treated as personal property in a divorce and are awarded to a party.

When you are getting a divorce and you agree to share your pets, there are some ways to go about it that are equal and fair. The following are some things to keep in mind when sharing custody of your pets after a divorce.

Check the Paperwork for Your Dog

Some divorcing couples will have conflicts over the actual ownership of the pet. One way to resolve this issue, particularly for dogs, is to check the names listed on the registration paperwork. If your dog is registered with a national registry for dogs, such as the American Kennel Club, the name of the owner will be listed on the paperwork.

Having your name on any paperwork related to the dog will serve as strong evidence in your case for ownership. In addition to registration paperwork, you should also check with all paperwork that your veterinarian has on file. You should be listed on the contact information sheet as an owner.

Additionally, your name should be on paperwork related to microchipping, vaccination records, and anything else related to the health and well-being of the dog. The purchase records for the dog can be a very strong piece of evidence, particularly if you purchased your dog before the marriage. All of this paperwork will provide very strong proof that you are the legal owner of the dog. If the money used to purchase the pet was earned prior to marriage, then the pet is the purchaser’s separate property.

Consider a True Custody Arrangement

Although you cannot put your pets into a legal custody arrangement like you would children, you can come up with an arrangement in court that you can both agree to. Most courts will be willing to entertain a reasonable shared and enforceable arrangement when it comes to pets.

One way you can do this is to share the same custody schedule that you have for your children. Sending the pets and children to the same home at the same time will not only simplify the process, but it will also allow the kids to be with their pets all the time rather than only while they’re at one parent's home.

When you do a shared arrangement for your pets, there are some key factors that you both need to think about. Pet maintenance and its associated cost are very important to discuss. You will need to decide who will pay for grooming, medical costs, medication, and the like.

In addition, you may want to come to an agreement on what should happen when the pet reaches an elderly age or becomes very ill. Can you both get on the same page when it comes to these types of important decisions? All of these things are very important to talk about upfront so that there are no surprises later on.

Consider Compassion

Divorce is no doubt a difficult time, and it can be very difficult to want to show compassion to your soon-to-be former spouse, especially if the circumstances were tumultuous. However, it is important to retain some compassion when it comes to sharing time with pets.

You both likely have very strong relationships with your pets, as they do with you. Many pets form very strong bonds with all of their owners, and it can be sad for them to be ripped away from one of them. You both need to be compassionate toward the pet, if not each other, and come up with a solution to make everyone happy in this situation.

If you have any questions or concerns about a divorce or other family law issues, please contact Allan Brandon Tise, PLLC Attorney at Law.

Child Custody Attorney Serving Wilmington, Myrtle Grove, and Castle Hayne, NC

Thu, 03 Feb 2022 19:18:00 GMT

Child custody law can be confusing, so if you are in the midst of a custody battle, you need an experienced attorney on your side. At Allan Brandon Tise, PLLC, Attorney at Law, we serve parents in Wilmington, NC; Wrightsville Beach, NC; Kure Beach, NC; Carolina Beach, NC; Myrtle Grove, NC; and Castle Hayne, NC.

If Your Ex-Partner Is Fighting Shared Custody

A shared-custody agreement can be difficult to navigate, but this is especially difficult if your ex-partner wants to deny you access to your children. If you are being accused of misconduct or your ex is otherwise slandering you, a child custody lawyer is imperative to your case. We will help you fight the charges so your children can keep you in their lives.

If You Need Sole Custody

Some cases call for sole custody. If you want to limit or eliminate your spouse’s contact due to violence, abuse, mental instability, or other issues, our lawyers will fight for you and your children. We understand that you want to give your children the best life you can, so you will have a child custody attorney who knows what arguments will work best for you so that you can have a good chance at receiving custody of your children. Your children deserve to live a life with a loving parent, and we will do our best to help you achieve that.

If You Lost Custody

If you have made mistakes in the past but you are turning your life around, we can help you navigate the legal process of increasing your custodial presence. Our child custody law firm can give you the guidance you need so that you can understand the process and have the best chance to parent your children again.
Call us at 910-251-9614 today to discuss your case

An Overview of Temporary Orders During a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Thu, 20 Jan 2022 20:54:00 GMT

A temporary order can help you resolve urgent issues as you wait for the final divorce decree. Below are some temporary orders you may need during a divorce.

Temporary Child Custody and Visitation

You may need temporary child support and visitation orders. If you have moved to another city while the divorce is still pending, you should ideally negotiate with the other parent and agree on an arrangement. However, you can seek the court's help if you cannot agree.

Here are some factors the court will consider.

The child's age
The child's educational needs
Evidence of abuse
Parenting abilities of the respective parents

For example, the court is unlikely to award temporary custody to a parent with an ongoing domestic violence case. Both parents have to provide evidence to support their demands.

Note that temporary child custody and visitation rights usually last until you come up with a permanent child custody arrangement. However, a temporary arrangement may set the stage for permanent child custody. Therefore, you should treat the application for temporary child custody just as seriously as you would the deliberations for permanent child custody.

Temporary Support

You may also need temporary spousal and child support. You can claim child support if you are the custodial parent or in a shared custody agreement if your income is lower than your partner's income. Note that the two supports are different, and you can get both or without the other.

The amount of child support you can receive depends on:

The number of children
Each parent’s gross monthly income
Childcare costs
Medical insurance costs for the child
Extraordinary expenses for the child
The children's needs
Post Separation support for the spouse depends on:
Your respective income and reasonable need
Needs of the financially dependent spouse
Ability of the financially supporting spouse to pay post separation support

The court will evaluate your application as a whole before ruling on it.

Asset Possession or Use

You may also need the court's help on who should use your marital assets while the divorce is pending. Shared assets, such as the family home or van, tend to be especially contentious for separated couples going through a divorce.

Maybe you have major disagreements with your partner, and you want them to move out of the house. However, your partner also has a claim to the house and wants you to be the one to move. Another example is you have one car and your schedules and use of the vehicle clash now that you have separated.

The court will judge these issues on a case-by-case basis. For the marital home, here are some of the factors the court may consider:

Whose name is on the title
Whether your divorce involves domestic violence issues
Who has physical custody of the child
Whether you can afford alternative living arrangements

In many cases, you should stay in your marital home unless the judge orders you to move. The exception is if you cannot afford to stay (say, due to mortgage payments), or you will be in immediate danger if you stay.

Asset Disposal

Lastly, you may need temporary orders to sell or gift some property or prevent your spouse from selling some property. You do not have the authority to sell marital assets with a pending divorce.

In fact, a divorce petition typically comes with temporary restraining orders that bar either party from disposing of assets. You need the court's permission to overturn such an order in such a case. For example, you may petition the court to sell a property if your divorce has dragged on for a long time, you need money urgently, and the sale is the only way to get money.

Allan Brandon Tise PLLC, Attorney at Law, has extensive experience with family law issues, including divorce. Contact us for a consultation if you need a temporary order or need help with any divorce issue.

3 Addictions That May Derail Your Marriage | Allan Brandon Tise PLLC, Attorney at Law

Mon, 15 Nov 2021 23:33:00 GMT

When you hear of divorce, one of the first things that often comes to mind is infidelity. Infidelity is defined as "the act of being unfaithful to a spouse or other sexual partner." Unfortunately, there are many ways a person can be unfaithful.
Addictions are one of these ways. When someone is addicted, they are usually having an emotional affair with the things they are addicted to. They are willing to place their need to engage in these activities ahead of their marriage. Unfortunately, many marriages do not survive. Here are a few addictions your marriage may be facing.
1. Alcohol
The most commonly addictive substance in the U.S. is alcohol. An estimated 14.1 million people suffer from some type of alcohol addiction or abuse. Several million more engage in drinking behaviors that could become problematic.
Identifying and detecting alcoholism can be difficult. The addict is usually not forthcoming about their addiction. They will very often underestimate or attempt to rationalize the amount they are drinking.
Marriages where one spouse is an alcoholic experience a 50 percent divorce rate compared to an approximate 30 percent rate among couples where alcoholism is not an issue. The increased divorce rate is because of the many problems alcoholism presents. These include:

Decreased positive communication
Decreased family participation
Increased arguments
Increased financial issues
Increased acts of infidelity
Increased acts of violence and more

An alcoholic may also hide their drinking from others by isolating themselves and neglecting responsibilities.
2. Gaming
Gaming is one of the newest addictions to rear its ugly head in marriages. This addiction allows people to escape the stresses of their daily lives by spending their time immersed in virtual worlds.
Unfortunately, while they are immersed in their virtual worlds, they often ignore the people who live in the house with them. One study reported that 75 percent of gamers' spouses stated they would like their spouses to put more time in their marriage and less time in their games. Everyone playing video games does not have an addiction. A gaming addict is a person who:

Would rather game than engage with you, friends, or their job
Sacrifices meals, sleep, sex, socialization, and conversations
Uses bill money to buy games and gaming supplies
Refuses to reduce their gaming time
Considers strangers they play with closer than family and friends

Research has shown it is not the actual time spent gaming that is the problem. The problem is the frustration and arguments that result when the non-gaming spouse begins to complain about the lack of engagement the gaming spouse offers.
3. Social Media
There are approximately 2.77 billion users of social media throughout the world. Unfortunately, of these, an estimated 210 million people suffer from internet and social media addictions. The average person spends almost 2 hours per day using social media, although teens can spend up to 9 hours per day.
Due to social media and the internet, people are always connected and have unprecedented access to the world. 71 percent of Americans sleep with their device nearby. Social media addictions can cause a person to spend more time online than they do with their spouse. This inattentiveness can cause jealousy and feelings of inadequacy.
Oversharing about marital problems on social media can also create wider rifts. The rifts are often due to unsolicited input and opinions from family and friends.
If your marriage has been damaged beyond the point of repair by one or more addictions, call Allan Brandon Tise PLLC , Attorney at Law. We can help you understand your legal rights, file your divorce, and get the settlement you deserve. Give us a call today to schedule a video conference, phone, or in-office consultation.

How A DUI Can Affect Child Custody | Allan Brandon Tise PLLC, Attorney at Law

Wed, 13 Oct 2021 21:29:00 GMT

A DUI (driving under the influence) conviction can affect your child custody efforts. However, the effect is not automatic. The effect will only be there if the court determines that your DUI can negatively affect your child's wellbeing. Below are some of the times in which the court might make such a determination.
You Committed a DUI With a Child Passenger One of the first things the court will be interested in is whether you had your child in the car at the time of your DUI. Even having a minor passenger who is not your child in the car is a cause for concern. A DUI increases the risk of an accident by impairing your judgment, reducing your reaction time, and impairing your vision.
Thus, a DUI with a child passenger puts the child needlessly in danger. At the same time, child custody determination should look out for the best interests of the child. Thus, a DUI with a child passenger negatively impacts your chances of physical child custody.
You Have Multiple DUIs A single DUI might not hurt your case as much as multiple DUIs. Judges have wide discretion in evaluating custody cases. Thus, the judge may view your single DUI as a one-time lapse of judgment.
Multiple DUIs, on the other hand, show that you have made intoxicated driving a habit. Multiple DUIs mean you have not learned your lesson, and whatever punishment you might have had for the conviction did not help. You might repeat the crime in the future and endanger your child. This situation will not help your case for child custody in any way.
Your DUIs Are Recent How recent of your DUIs are also matters. For example, DUIs committed over ten years ago might not carry the same weight as DUIs committed a year ago. The more time has passed since your last DUI, the better for you in a pending custody action.
The rationale here is that the judge doesn't know whether you have learned the errors of your ways and whether you changed if your DUIs are recent. However, you are less of a danger to your child if you have gone a long time without a DUI.
You Show Evidence of Alcohol Abuse A DUI conviction, by itself, is not the same as alcohol abuse. However, a DUI plus other signs of alcohol problems can mean alcohol abuse. The court might be concerned about the possibility of alcohol or drug abuse if you are fighting for child custody. Signs of alcohol abuse may include irritability and mood swings, isolation from family members or friends, and short-term memory loss.
These, coupled with your DUI, might change your child custody chances.
Your DUI Has Affected Your Parenting A DUI can affect your parenting in multiple ways. You might struggle to spend time with your children if you have to spend a lot of time in court, doing community service, or attending alcohol classes. Also, you might be unable to drive your kids, to school or the dentist or meet for custody exchanges if the authorities have suspended your driving license after a DUI conviction.
In such cases, your DUI has a direct effect on your child, and the court will consider it against you during custody deliberations.
Contact Allan Brandon Tise. We can evaluate your circumstances and help you attempt to get custody of your child.

Divorce Terms | Allan Brandon Tise PLLC, Attorney at Law

Thu, 23 Sep 2021 18:42:00 GMT

In the course of a divorce, you will likely hear some new terms you have never heard of before. You should not feel embarrassed or overwhelmed if you do not understand the terms used by a family law attorney or judge, but you should try to educate yourself beforehand. This guide to common divorce terms will help you get started.
Affidavit
An affidavit is a written statement in which you make a declaration. You sign an affidavit under oath, so everything you write must be true to the best of your knowledge.
You should also be aware of the term deposition, which refers to a proceeding in which the other party's attorney asks you questions. Your attorney will be present as you answer them and may also ask questions. Under certain circumstances, the deposition may be used in court.
Contempt
If you willfully fail to follow a court order, a judge may declare you are in civil or criminal contempt of court. If you are found in contempt of court, the judge can issue a sanctions, including a fine or time in jail to purge your contempt.
One type of order issued by the court is a restraining order. Restraining orders prevent an individual from doing something, perhaps contacting the ex-spouse or their family members. A judge can also issue an order of protection, which requires one individual to stop harassing another, for example.
Subpoena Subpoenas are used to require an individual to appear in court or to provide documents to an attorney or evidence for the hearing.
Annulment
Annulment is the legal process of dissolving a marriage by claiming it is void. After an annulment, you can go on as if the marriage never legally took place. Annulment is only available in North Carolina under very limited circumstances.
Grounds for Divorce
Grounds for divorce provide the legal basis for your divorce. In North Carolina, divorces are no-fault divorces, which means that you are not required to prove fault with the other spouse.
Equitable Distribution
With equitable distribution of marital property, a judge divides property based on what he or she considers fair. Note that equitable distribution does not necessarily mean everything is split equally although that is a rebuttable presumption in North Carolina.
Marital property refers to any property obtained during the marriage, no matter whose name the property is in which is not otherwise classified as “separate property”. Property may include a car, retirement account, house, pension, or business. Marital property does not always include lawsuit compensation.
Plaintiff
The Plaintiff is the person who files the lawsuit. The individual who does not initiate the process is known as the defendant.
Alimony
Alimony consists of financial payments the court orders one spouse to pay to the other during separation or after divorce. You might also hear alimony referred to as spousal support or spousal maintenance. Whether or not one spouse is entitled to alimony is often based on their earning capacity, or ability to earn money based on their experience, training, and skills. There are no alimony guidelines in North Carolina.
Allan Brandon Tise, PLLC , offers legal services focused on family law. We offer affordable and accessible legal services that help you get through difficult times. Call our office today to discuss your case and set up a consultation with an attorney who cares.

What to Know if Your Spouse May Be Hiding Assets in equitable distribution | Allan Brandon Tise PLLC, Attorney at Law

Tue, 07 Sep 2021 19:11:00 GMT

Could your spouse be hiding assets as you approach or go through a divorce? Unfortunately, divorce is usually a challenge even when the split is amicable and both parties are truthful during negotiations. But when hidden assets are part of the equation, you face an added burden you must overcome. Why is it so important that you root out any hidden assets? And how can you do so? Here's what you need to know.
Why Must All Assets Be Transparent?
The foundation of all divorce negotiations is the idea that all relevant information is on the table. The only way that negotiations will be fair, accurate, or equitable is if both parties know everything they need to know. Even if you don't personally care about some asset in question, you have a right to its value - but first, you must know that value.
Unfortunately, oftentimes one spouse is at a disadvantage when it comes to the finances of the marriage or the divorce. They may have relied on the income of the other spouse. They may not have as much financial education or not been involved with the finances, or they may not have the future earning capacity of the other. Transparency is the only hope for them to come out with the assets they need and deserve in equitable distribution.
How Do Spouses Hide Assets?
So, what are some common ways that your spouse may hide assets? One of the most common is gifting or transferring items to another person. This could mean physically moving hard assets like a boat or jewelry to a friend or family member's house. Or your spouse might transfer ownership of accounts to another person's name. Cheating spouses may even be bold enough to gift assets to their new partner.
Assets can also be parked in various locations still under the control of the spouse. For instance, the spouse might send overpayments to the IRS, intending to request a refund after the divorce, or they may store goods in a safe deposit box at a new bank or even at work. One method that can be particularly hard to spot is deferred income or expenses. A spouse might defer a large bonus until the following year, hoping to finish negotiations before the bonus becomes actual income. A business owner might also defer compensation for services or delay a valuable contract so that it is not on the books during negotiations.
How Can You Find Hidden Assets?
The good news is that you have a variety of means to root out hidden assets. Some spouses get a head start by doing some research on their own before the divorce. You might find payment for that safe deposit box on your bank statement or notice a large withdrawal of money in cash. Sometimes changes in behavior could be a red flag that something is amiss.
Outside professionals are also of great benefit. A forensic accountant can review financial documents and are often invaluable in discovering hidden assets.
Certainly, the biggest tool an innocent spouse has for finding these assets is the discovery part of the divorce case. During discovery, both parties must turn over requested documents to the other party. This includes things like tax returns, business records, and account statements. If your spouse fails to follow the rules of discovery, they can end up in legal hot water. You can also subpoena information from places like banks, credit unions, investment accounts and retirement account managers.
What Should You Do If You Suspect Your Spouse?
When hidden assets are involved, you should not go it alone. A skilled attorney and forensic accountant can spot things that the untrained eye may not see or understand. They will help ensure the best outcome during discovery. Allan Brandon Tise PLLC, Attorney at Law can help. Call to make an appointment today and discuss your concerns. We will work with you to find relevant assets and ensure you get your fair share.

Tips for Divorcing as a Stay-at-Home Parent | Allan Brandon Tise, PLLC, Attorney at Law

Tue, 03 Aug 2021 18:44:00 GMT

Stay-at-home parents may struggle more than their working counterparts during divorce. However, that will not be your situation if you prepare thoroughly. Below are some helpful preparation tips.

Open Financial Accounts in Your Name

Many stay-at-home parents depend on their spouses for financial resources. You might not even have financial accounts in your name as a stay-at-home parent. If you are in such a situation, open financial accounts, such as bank accounts and lines of credit, in your name.

Having financial accounts in your name will help you in several ways. For example, you should be able to access money or purchase things without involving your spouse. The accounts will also help you protect your credit rating.

Gather Financial Knowledge

Educate yourself on your family finances as much as possible - if you have not been doing that already. Specifically, you should know:

How much your spouse earns
How many assets you own
The monetary value of the assets you own
Your household's monthly budget
Your family debt situation

You will need the information once the divorce gets underway. For example, your household's monthly budget can help you determine the alimony to request.

Some people also hide assets when going through a divorce so as not to divide the assets with their spouses. Divorce brings out the worst in some people, so your spouse might act like that too. Gathering the information as soon as possible can help you unearth hidden assets and debts.

Gather Financial Documents

Do not just gather financial information - get the necessary paperwork you can use to prove your claims. Some of the paperwork you need include:

Deeds
Past tax returns
Financial statements from your businesses
Registration paperwork for your businesses
Bank statements
Credit card statements
W-2s, 1099s and recent paystubs

Get copies of these documents and keep them in a safe place - preferably anywhere apart from your marital home or your car.

Set Up Mail Addresses in Your Name

You might not have addresses in your names, such as email or delivery addresses, if you depended on your spouse for a long time. Set up these types of addresses as soon as possible. You need them for the safe delivery of critical documents and communication. For example, you should be able to communicate with your lawyer without worrying about your spouse's snooping on you.

Note Your Homemaking Activities

Stay-at-home parents often do most, if not all, homemaking activities. For example, you are likely the one who:

Takes care of the children whenever they fall sick
Prepares the kids for school
Helps the kids with homework
Ensures the house is clean
Shops for groceries
Ensures the kids keep their dental appointments

If that is the case, start documenting these activities and look for relevant proof. Even testimonies from neighbors can come in handy. The documentation will work in your favor during custody, spousal support, and assets division discussions.

Start Looking For Divorce Money

Divorce costs money. You need money for multiple things, like lawyer fees, expert fees, court filing fees, and document production. Ideally, your marital resources should cover these costs. However, that might be difficult if your spouse controls your family finances. In such a case, you can:

Petition the court for a cash interim distribution
Take out a loan
Use your credit cards

Other options are possible depending on your circumstances. Consult an attorney who will evaluate your circumstances and help you determine the best alternative.

You do not have to have a lawyer to divorce, but you should get one if at all possible. Otherwise, you could be at a disadvantage during the divorce. Contact Allan Brandon Tise PLLC, Attorney at Law, for all your divorce needs. Let us do our best to ensure you get the divorce settlement you deserve.

Third-Party Marital Damages | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 21 May 2021 19:46:00 GMT

North Carolina law allows you to seek damages against a third party responsible for damaging your marital relations. You can seek damages using alienation of affection or criminal conversation laws. The two cases, which have been nicknamed heart balm cases, sound similar but are markedly different. Below is a brief overview.

Criminal Conversation

Despite the name, criminal conversation is not a criminal charge, it doesn't take place in a criminal case nor does I have anything to do with speaking. Rather, criminal conversation is a civil dispute against a third party who has had sexual relations with your spouse. The civil case is common with divorcing couples where one spouse has accused the other of adultery.

Required Proof

As with other civil cases, you will need to prove your criminal conversation to get your damages. You must prove that:

You are legally married to your adulterous spouse.
Your spouse and the defendant had sexual intercourse without your consent or convenience.
The sexual intercourse took place while you were still married and prior to the date of separation.

The circumstances of the affair will determine whether you can prove all the elements above. For example, you cannot claim criminal conversation because they had sexual intercourse after date of separation. You should also note that you only have three years from the date of discovery to file your case.

Possible Damages

Criminal conversation's main aim is to get monetary damages from the defendant. The nature and value of the damages vary by circumstances. Here are some possible damages:

Loss of companionship
Fear of sexually transmitted infections (STIs)
Mental anguish and humiliation

Alienation of Affection

An alienation of affection claim alleges that a third party is responsible for your marriage's breakdown. The main difference between the alienation of affection and criminal conversation is that, in Alienation of Affection, you do not have to prove sexual intercourse.

In fact, the defendant's actions do not have to be intimate. That means you can also name other parties who are not romantically involved with your spouse as defendants in your alienation of affection lawsuit. Other possible defendants include in-laws, religious leaders, or even therapists who advised your spouse to terminate their relationship with you.

Required Proof

You don't need to prove sexual intercourse, but you must prove that the third party's actions have destroyed your loving marriage. Specifically, you must prove that:

You had a loving marriage before the third party's actions.
The love and affection of your spouse for you has ended.
The third party did something that destroyed your spouse’s affection for you.
The demise of love and affection in your marriage affected you.

Alienation of affection requires a direct link between the defendant's actions and the breakdown of your marital relationship. Note that the statute of limitations for alienation of affection is also three years from the date of discovery.

Possible Damages

The alienation of affection damages are more or less the same as those of criminal conversation. Thus, potential damages include:

Loss of financial support
Loss of companionship
Mental suffering

Consider a case where your spouse has an extramarital affair, spends all his/her money on the other party, and depletes your marital resources. You can claim loss of financial support, among other damages, against the responsible third party.

A common complication with these heart balm cases is the required proof. Many people have to use private detectives to get the necessary evidence. Allan Brandon Tise, PLLC, can help you with all aspects of your case. We have decades of experience with family law in North Carolina. Contact us for a consultation to determine the best direction for your case.

Marital Financial Abuse | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 21 May 2021 06:26:00 GMT

In a healthy relationship, money is a resource that couples allocate wisely. However, in an abusive relationship, money becomes a weapon that forces one partner to depend on the other. Financial abuse affects victims in subtle ways, denying them monetary gain and access to money, and can often lead to divorce.
As with any other type of abuse, financial abuse is unhealthy and takes a heavy toll on the victim's quality of life. Keep reading to learn more about what financial abuse is and how it can be escaped.
Marital Financial Abuse
Financial abuse in a marriage occurs when one spouse controls the other's ability to earn, maintain, or take charge of their financial earnings. The abuser will limit a victim's access to their money, prevent the victim from getting a job to make money, and control a victim's ability to spend their money.
If the victim objects, the abuser may use physical, verbal, and mental means to convince the victim that the abuser is right. The signs of financial abuse may not be apparent at first; however, over time the abuse will increase and become more noticeable.
Financial Abuse through Money
Financial abusers may begin the abuse by taking charge of his/her victims' money and financial documents. Financial abusers might do this by:

Having all bank accounts listed under his/her name
Creating an unfair “allowance” for the victim
Having his/her spouse rely on them for money
Spending his/her partner’s cash freely without permission
Making the victim feel guilty for using his/her own money
Forcing their partners to sign monetary documents without consent or sometimes even without being allowed to read them
Refusing to assist with financial matters

Financial Abuse through Jobs
Abusers may also interfere with how their spouses receive income. They could interfere with his/her job, boss, or co-workers. Spousal financial abusers may interfere in these areas by:

Pressuring victims to quit his/her job
Preventing spouses from going to work
Forcing partners to leave work early
Insulting or mocking victims' current careers or future career choices
Intimidating victims at work through calls or text messages
Hindering victims from doing any work-related tasks

Financial Abuse through Responsibilities
Financial abusers keep their partners from using money on necessary needs and responsibilities such as taxes and house bills. A financial abuser will interfere with their spouse's ability to make payments by:

Using his/her credit and debit cards constantly
Racking up debt under his/her spouse's name
Using money meant for bills and taxes on other less important expenses or voluntary purchases
Paying bills late
Blaming victims for late payments and lack of money
Hoarding funds in a secret bank account
Constantly asking the victim for money but never reciprocating or repaying

Financial Abuse Effects
All abusers know that control is power and a financially abusive partner will do anything to keep their partner from being in control of their finances. Financial abuse can lead to victims depending on their abuser because victims believe they cannot handle their finances. The abuser will use these negative feelings to his/her advantage and abuse the victim through other means such as physical, mental, or sexual abuse. The victim may avoid seeking help from friends and family due to shame, guilt, or fear of the abuser. The victim will become dependent on the abuser and the abuser will continue to take advantage of them.
Financial Abuse Escape If you believe that you are a victim of financial abuse, the first step to stopping the abuse is recognizing the signs and acknowledging that it is there. Seek help through a family member, close friend, social worker, or clergy member. Seek out legal professionals who can help guide you on what legal options are available, including divorce.
Allan Brandon Tise PLLC, Attorney at Law, can help victims seeking a divorce from their abusive partners. If you believe divorce is your best recourse, let us help you. Contact us to receive a consultation.

Tips for a Successful Child Custody Hearing | Allan Brandon Tise PLLC, Attorney at Law

Fri, 05 Mar 2021 18:38:00 GMT

You should expect a child custody hearing if you do not agree on a child custody plan with the other parent. A child custody hearing can be intimidating, especially if you do not prepare thoroughly for it. Here are some tips to help you prepare.

Gather Physical Evidence

The child custody hearing will need various forms of evidence, including physical evidence. For example,

you may need things like:

Photographs of your children and you spending time together
Photographs of your children's bedrooms
Photographs of events or vacations you have enjoyed with your children
Awards that show your children's accomplishments, grades and attendance
Your children's school progress reports, grades and attendance

You can use the evidence to prove the strength of your relationship with the children as well as your children's attachment to their school or current city of residence.

Gather all the pieces of evidence and make multiple copies of documents to furnish the parties, the judge and the other attorney.

Consult With Witnesses

You will need relevant testimony to strengthen your case, in addition to physical even evidence. You may need two types of witnesses.

1. Expert Witnesses

Expert witnesses will use their professional skills and experiences to help the judge determine the children's best interests and match them to the available circumstances. For example, you may need a child psychologist to confirm that relocation will not harm your children's interests or speak to any mental health issue a child may be dealing with.

2. Lay Witnesses

Lay witnesses testify about facts or things they have seen or heard. Lay witnesses can testify about your hobbies, home, and work schedule and bond with your child. For example, a schoolteacher can testify about your involvement in your children's educational activities.

Talk with your witnesses to confirm the date and time for the hearing. The witnesses should also confirm their availability for the hearing. You may need to issue a subpoena for them.

Prepare a Parenting Plan and Visitation Schedule

You will get a chance to present what you believe is the best post-divorce arrangement for your children. You will need a parenting plan and visitation schedule for your presentation, which contain:

Your proposed custody arrangement
Your proposed visitation schedule
Transportation arrangements
Communication arrangements

Make sure your proposal is reasonable, fair, and observant of the North Carolina’s child custody laws.

Prepare Your Attire

Wear appropriate attire for your hearing. You should look dignified and presentable for the hearing. You T-shirts and shorts are not acceptable.

Save the Date

Your behavior and mannerisms on the hearing day should reflect your interest in your children's welfare. You do this, for example, by arriving on time for the hearing. The court might misinterpret lateness as disinterest or lack of seriousness in your children's lives, which is bad for your custody fight. You should clear your calendar for the day.

Consult a Lawyer

Legal consultation is useful even if you plan to represent yourself during the hearing. For example, a lawyer can prepare you on what to expect and how to behave on the hearing date. During the consultation, ask your lawyer all the questions you need for thorough preparation.

Allan Brandon Tise, PLLC, Attorney at Law, understands divorce difficulties and the need for top-notch legal help, and we have been practicing family law for over three decades now. Contact us for a consultation on your child custody issues. We know you want the best for your children and will do our best to help you secure a bright and productive future for your children.

Negotiating College Costs During a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Tue, 02 Feb 2021 17:46:00 GMT

North Carolina law does not require parents to pay college costs for their children unless there is a private obligation to do so. The law allows you to include college expenses in your agreement if you so wish. Address these critical factors if you decide to negotiate and include college expenses during your divorce.

Respective Contributions

You should also decide how much each of you should contribute. For example, you can decide:

Each of you should contribute a specific amount
Each of you should contribute a specific percentage

Type of School

Different types of schools have different costs. College options today include:

Community colleges
In-state public colleges
Out-of-state public colleges
Private colleges
Online colleges
International colleges

For example, private colleges tend to be more expensive than public colleges.
Note that many parents have very different and strong opinions about college. Don't let your former spouse assume that the child will attend their expensive alma mater; include the type of school in the agreement or limit the financial obligation to the cost of a particular type of school such as “…four years tuition, room, board and books at UNC-Chapel Hill”.

Fund Coverage

College cost is more than tuition. Related costs include:

Books
Study equipment
Accommodation and food
Trips

Determine which of these costs you want to pay for. For example, you can decide to focus on tuition costs or plan for all college expenses.

Amount

You may or may not set a definite figure for the college fund. If you decide on a figure, do your calculations carefully so as not to leave anything out. Don't forget that college expenses tend to increase with time. You also have the issue of inflation to consider.

For example, $160,000 might be adequate for your perfect college today, but there is no guarantee that the same amount will be adequate years from today. The younger your child is, the stronger this uncertainty factor will be. What happens if the amount saved turns out inadequate? Do you downgrade schools or top up the money? Clarify such issues.

Limitations

You should also decide how long you want to pay the child's college expenses. What if the child keeps failing and delaying their graduation? How many years are you willing to support the child under such circumstances? Do you plan to fund an associate degree, undergraduate, or postgraduate education? Your agreement should answer these questions.

Breach of Contract

Lastly, you should also agree on what happens in case one of you breaches the agreement. Say you agree to contribute a percentage of your income, but the other parent reduces their percentage after their income rises.

You should not have to take each other to court over the issue, but court intervention might be inevitable if dealing with a difficult ex-spouse. To address such a possibility, you should agree that the person who breaches the agreement must pay the legal fees.

Allan Brandon Tise, PLLC, can help you negotiate your divorce agreement. Contact us for a consultation to ensure you get a fair and legally binding agreement.

Pets and Divorce: Decisions About Care and Custody | Allan Brandon Tise PLLC, Attorney at Law

Tue, 05 Jan 2021 21:13:00 GMT

Pets are family members in many households. The choice of where pets live after a divorce needs consideration. The cost of care, whether the animal was purchased prior to marriage, and if the marriage included children can play a role in the decision. Always include the details for pet care and possession in any divorce agreement.
Know the Laws
You may treat your pet like a child and have a powerful bond with the animal, but the law views pets as personal property. The ability to keep an animal may depend on when the animal was purchased. The court will find whoever had the animal before marriage is the sole owner and the animal is separate property. Gather any receipts, witness statements, pet licenses, and anything that proves you owed the animal before marriage. If the animal was purchased after marriage, prove you were the one that did all or most of the care during the marriage.
Consider Shared Arrangements
A newly divorced person may not have the money to cover all their living expenses and the sole care of an animal. Look at your budget realistically because you may need to prove the ability to care for the pet. The average dog, for example, costs its owners between $5,000 and $20,000 over its lifetime. A shared possession arrangement for the pet may become a necessity if you expect to have a tight budget for a few years. Pet costs can be listed as expenses for post separation support or alimony.
Make a Trade
Consider another option if the cost of care is not a problem for you, and you insist on full possession. The law considers pets as property, so the potential exists to barter for the ownership of the pet. Some people will happily agree to give their ex-spouse the furniture, the title to a vehicle, or some other asset to have sole possession and ownership of the pet.
Remember the Children
If children are in the home, it can often benefit them to have their pets with them. Pets play a significant role in the emotional welfare of children . The love and comfort provided by a pet can help to make the changes after divorce a little easier for any child. Offer to share the family pet if you and the other parent plan to share custody of the kids. Allow the pet to go with the children to each home if feasible. The agreement allows the kids and the pet to have the consistency of being together all the time.
Include Future Scenarios
New relationships can mean unhappy changes for your pet. A shy cat may suffer in a house with noisy children if your ex-spouse remarries. A small older dog may now live with a young, active dog that threatens its safety or comfort. Address likely events like these in the equitable distribution agreement to ensure a lifetime of happiness for your pet. Pets need a reliable and loving home, and the people that love those animals need their best friends at their side. At Allan Brandon Tise PLLC, Attorney at Law , we understand that you will have many concerns during a divorce. Our team can help you prioritize everything and give you the security you need as you move forward. Contact us today to schedule a consultation.

How COVID-19 Might Affect Your Child Custody Case | Allan Brandon Tise, PLLC, Attorney at Law

Fri, 04 Dec 2020 06:44:00 GMT

With cases of COVID-19 surging and states reissuing stay-at-home orders, parents may be confused about how the pandemic may affect their child custody arrangement. Here is what you should know about this evolving topic.
You Can Still Travel to See Your Child
When the stay-at-home order in North Carolina was in place, the governor restricted movement to only essential travel. Traveling to see your child pursuant to a court order is considered essential travel, so you can still travel to see your child. However, you may encounter issues if you are traveling to or from another state, so check guidelines that apply in those jurisdictions.
You Must Follow Your Existing Court Order
The existence of the pandemic itself is not sufficient reason to withhold visitation. The North Carolina Family Court Advisory Commission recommends that parents follow their child custody order and parenting plan as closely as possible. This can help provide consistency and stability during a challenging time.
This means that if you are required to provide visitation with the other parent, you must do so of face potential contempt of court motions.
School Is in Session
Even if your child is completing school through virtual means, the order's provisions regarding visitation during the school year still apply. For example, if your court order states that you get your child during school breaks, that does not mean that you get your child every day they are in virtual school. Instead, you will still observe the typical school calendar and get normal breaks.
You Can Use Technology to Meet Your Obligations
If your child custody order says that visitation must be supervised and the supervisor is not doing in-person visitation meetings, you can likely conduct visitation over Zoom or with other technological methods.
You Can Limit Contact
You are encouraged to follow the CDC guidelines when exchanging children. Some other ways to reduce the spread of illness include:

Wear a mask or face covering while in public
Wash your and your child's hands frequently
Avoid exchanging personal items, if possible
Monitor for symptoms of COVID-19

You Must Notify the Other Parent of COVID-19 Risks
If you or another member of your household has been diagnosed with COVID-19 or is displaying symptoms, you should notify the other parent of this as soon as possible.
You Should Try to Work Together
The North Carolina Family Court Advisory Commission encourages parents to work together to resolve issues that arise during this difficult time. Parents should also consider the advice of their healthcare providers and what is in the best interests of their children. Parents may be able to reach temporary modifications of their court order simply by talking out their concerns. In-person visitation may need to be substituted for lots of phone calls and video calls.
If one or both of the households have an emergency responder, parents will want to take extra steps to ensure that the risk of obtaining or spreading the virus is reduced. Courts are generally reluctant to cut off a parent's right to see a child for the duration of the pandemic.
Parents may be able to negotiate temporary changes on their own that address their particular situation. For example, they may agree to postpone parenting time until the threat subsides or to otherwise allow a parent to make up parenting time that they have lost because of the outbreak. However, unilateral withholding of a child from visitation will likely result in a contempt motion. You Can Seek Emergency Relief
If your child's health or safety is at risk, you may be able to seek an emergency order from the court. Even when the courts were closed to the public, they still heard emergency cases. However, the bar to get this type of relief is often higher, so you must be prepared to show why it is essential to protecting your child.
A North Carolina Family Lawyer Can Help
If you need help negotiating temporary changes to your custody order or need to seek a modification of your order, contact child custody attorney Allan Brandon Tise, PLLC.

An Overview of Virtual Visitation | Allan Brandon Tise PLLC, Attorney at Law

Fri, 04 Sep 2020 19:43:00 GMT

Virtual visitation relies on technology to help a noncustodial parent to communicate, stay in contact, and interact with a child. North Carolina is one of the states that allow virtual visitation. Below are some of the critical things you should know.
Purpose of Virtual Visitation
Virtual visitation does not replace in-person visitation. Rather, virtual visitation applies if in-person is inadequate or impractical or in addition to in-person visitation. For example, a court may order or allow virtual visitation if:

The parents live far apart - for example if one parent works outside the country.
The noncustodial parent has a work schedule that doesn't allow for as many visits as the child needs.
The child needs increased contact from the noncustodial parent (for example, in the case of a strained relationship).

The noncustodial parent can request the court for virtual visitation if they think it can benefit the child and is in the child’s current best interests.
Factors Considered
The court won't automatically grant virtual visitation. It must consider the prevailing circumstances to determine the practicality and benefits of the arrangement. Here are some of the factors the court will consider:

Whether the virtual visitation is in the child's best interests
Whether the parents can afford the technology
Whether the child can use virtual visitation, as it can be a challenge for minor children or children with disabilities

The onus is on the noncustodial parent to convince the court of the need for virtual visitation.
Technologies for Virtual Visitation
Virtual visitation can take numerous forms. The common forms include:

Emails
Telephone calls
Video calls
Social media messaging

The specific technology used is not important. The critical thing is that the technology you use can safely facilitate communication between the noncustodial parent and the child. In many cases, the visitation schedule will include acceptable forms of communication.
Parent Obligations
Both parents have an obligation to ensure virtual visitation's success. The court will detail what it expects from each parent. For example, the court may require:

The parents to provide the technology (hardware and service) for virtual visitation
The noncustodial parent to notify the custodial parent before they communicate with the child
The custodial parent not to interfere or snoop on the communications between the noncustodial parent and the child

The court may specify when the two parties can communicate with each other or leave it at the discretion of the parents.
Benefits and Limitations of Virtual Visitation
Virtual visitation might seem like a hassle, but it has numerous benefits. For example:

It is cost-effective; instant messaging is cheaper than flying from one city to another.
It can take place anywhere; the parent can communicate with the child even during a break at work.

Virtual visitation has potential drawbacks, for example:

Some parents might try to use virtual visitation to avoid in-person visitation.
Virtual visitation cannot facilitate physical contact, such as hugs, which encourage children to bond with their parents.
Virtual visitation is subject to the availability of technology. For example, internet service interruption or power blackouts can interrupt a visitation.
The custodial parent can listen in virtual visitation easier than in-person visitation.

For virtual visitation to work, both parents must be willing to cooperate with each other. Their cooperation is particularly necessary for young children. For example, a toddler may require the custodial parent's help to initiate contact with the noncustodial parent.
Whichever form of visitation you want to use, remember that you must prove it is in the child’s current bet interests. Allan Brandon Tise PLLC, Attorney at Law, understands the complexities of divorce, child custody, and visitation. Contact us today so that we can help you with any family law issue you have.

Tips for Making a Visitation Agreement | Allan Brandon Tise PLLC, Attorney at Law

Mon, 22 Jun 2020 17:30:00 GMT

Tips for Making a Solid Visitation Agreement

Are you facing a divorce that involves a child custody? As part of the divorce proceedings, you and your soon-to-be ex-spouse may draft a visitation agreement or a parenting plan outlining the visitation guidelines for you, your child, and your co-parent. Follow these tips to create a visitation agreement that is not only thorough and enforceable but also works with everyone's schedule.

Involve a Child Custody Attorney

Child custody and visitation negotiations involve many legal complexities. A child custody attorney can help you cut through the jargon and identify the procedural issues that you need to address before making any major decisions.

Thanks to the lawyer’s knowledge of the child custody law, you can conveniently draw up a visitation agreement that is likely to be approved by the court. An experienced lawyer can also help you identify and stop any tactics that your ex or their lawyer may use to try to gain the upper hand over you.

Ensure the Agreement Is Detailed and Clear

The visitation agreement may be in place for a very long time. You should ensure it is clear and as detailed as possible to avoid confusion and disputes down the road.

If you do not understand a clause in the agreement, ask for clarification. This will ensure all the parties involved are on the same page and also help to protect your legal rights. Being detailed does not necessarily mean complicated. Strive to keep the agreement simple. Use plain English words that everyone can understand.

Build in Dispute Resolution

Regardless of how good a visitation agreement is, there may come a time when you and your ex may disagree over the visitation schedule or guidelines.

You should make sure that the visitation agreement contains a section that details how visitation-related disputes will be resolved and how you will conduct schedule modifications. This language can help you avoid going through the nerve-wracking process all over again.

Focus on the Child's Best Interests

Your and your ex's interests are important, but so are the interests of your child. Both of you should try to focus on the child's best interests at all times. Focusing on the child's rights and interests can increase the likelihood of drafting a well-balanced and consistent visitation plan.

Embrace Flexibility

Emergencies and work-related issues can happen at the most unexpected time and they can interfere with the visitation schedule. When drafting the plan, ensure the guidelines allow you and your ex-partner some degree of flexibility. This can go a long way towards preventing visitation schedule-related disputes in the future.

Make the Agreement Legally Binding

The visitation plan that you and your co-parent make will not be legally binding unless it is approved by a court or the court's representative. After drafting and signing the visitation agreement, you and the other parent should take it to court as soon as possible for the judge’s signature and filing.

If the agreement is fair and takes care of your child's rights and interests, the judge or court representative will approve it and make it legally enforceable. Making the plan legally binding right away ensures everyone involved sticks to the set schedule and guidelines.

These tips can help you and your soon-to-be-ex-spouse draw up a visitation and custody plan that is consistent, well-balanced, and flexible. Be sure to keep them in mind. If you need more specific information about creating a visitation agreement or need legal advice on child custody or family law, don't hesitate to contact us. Our family attorneys are ready to help you and answer your questions.

Tips for Making a Custody Agreement | Allan Brandon Tise PLLC, Attorney at Law

Fri, 22 May 2020 14:10:00 GMT

Are you facing a divorce that involves a child? As part of the divorce proceedings, you and your soon-to-be ex-spouse may be required to consider a visitation agreement, custody agreement or a parenting plan outlining the custody guidelines for you, your child, and your co-parent. Follow these tips to create a custody agreement that is not only thorough and enforceable but also works with everyone's schedule.

Involve a Child Custody Attorney

Child custody and visitation negotiations involve many legal complexities. You should consult a child custody attorney to help you identify the procedural issues that you need to address before making any major decisions.

With an experienced lawyer’s knowledge of the child custody law, you can conveniently draw up a custody agreement that is likely to be approved by the court. An experienced lawyer will also help you identify and stop any tactics that your ex or their lawyer may use to try to gain advantage over you.

Ensure the Agreement Is Detailed and Clear

Your custody order may last until your child is 18. You should, therefore, ensure it is clear and as detailed as possible to avoid confusion and disputes down the road.

If you don't understand a clause in the agreement, don't hesitate to ask for clarification. This will ensure all the parties involved are on the same page and also help to protect your legal rights. Strive to keep the agreement simple but thorough.

Build in Dispute Resolution

Regardless of how good a custody agreement is, there may come a time when you and your ex may disagree over the visitation schedule or guidelines.

You should make sure that the custody agreement contains a section that details how custody-related disputes will be solved and how you'll conduct schedule modifications. This clause can help you avoid going through a hearing.

Focus on the Child's Best Interests

Your and your ex's interests are important, but so are the interests of your child. Both of you should try to focus on the child's best interests as much as possible. Focusing on the child's rights and interests can increase the likelihood of drafting a well-balanced and consistent custody plan with fewer compromises.

Explain the Reasoning Behind the Visitation Decisions

You and your co-parent should include the reasoning behind the decisions contained in the custody agreement. This can help you and your ex to convince the court or court representative to approve the custody agreement.

Embrace Flexibility

Emergencies and work-related issues can happen at the most unexpected time, and they can interfere with the custody schedule. When drafting the plan, ensure the guidelines allow you and your ex-partner some degree of flexibility. This can go a long way towards preventing custody schedule-related disputes.

Make the Agreement Legally Binding

The custody plan that you and your co-parent make will not be legally binding unless it is approved by a court or the court’s representative. After drafting and signing the custody agreement, it should be taken to court as soon as possible for signature and filing.

These tips can help you and your soon-to-be-ex-spouse draw up a custody plan that is consistent, well-balanced, and flexible. Be sure to keep them in mind. If you need more specific information about creating a custody agreement or need legal advice on child custody or family law, don't hesitate to contact us. We are ready to help you and answer your questions.

Considering Who Keeps the House in a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Fri, 01 May 2020 12:52:00 GMT

One of the biggest assets in any marriage is the family home. It's often the asset that has the most emotional significance for the entire family, especially the children. So the question comes up: who, if anyone, keeps the house after the divorce?

North Carolina is an equitable distribution state, and that fact will help drive whom the courts award the house to. However, you and your spouse can also make that determination on your own. Find out about the process of dividing assets such as the marital home.

Equitable Distribution

Equitable distribution aims to divide assets fairly. A fair, or equitable, division doesn't necessarily mean an even one and it is possible for one spouse to be awarded the marital house in many circumstances.

When the courts approach the division of property in a divorce, they're trying to set up both spouses fairly after the divorce relative to the marital property. Wage earners and homemakers receive the same consideration.

A big factor in equitable distribution is each spouse's ability to earn after the divorce. Therefore, they take into consideration each spouse's age and health as well as income, assets, and liabilities. They'll also take into consideration non-marital property belonging to one spouse only. So the keeping of the family home might be offset by some other property ownership.

Types of Property

North Carolina recognizes three types of property - marital, divisible, and separate. Marital property encompasses all assets either spouse earned during the marriage. It includes wages and property acquisition, such as the house, as well as pensions, benefits, and other forms of compensation. This property is eligible for equitable distribution.

Divisible property encompasses any change to assets from the time of separation to property division. For example, it will include a bonus one spouse earned during the marriage even if it wasn't awarded until after separation. It also includes debt incurred during the marriage that didn't show up until after separation. This property is also eligible for equitable distribution.

Separate property is any asset or debt you or your spouse had before getting married. It also includes assets and debts accrued after separation. This property is not eligible for equitable distribution itself, but separate assets might be considered in determining what a fair division of marital property is. So if your spouse has an inherited home, that fact could offset the division so you get awarded the marital house.

Marital Settlement and the House

You and your spouse don't have to leave the determination up to the judge. You can come up with a marital settlement with your own division of property - including the house.

If you're the one who wants the house, be clear about your reasons and your ability to maintain the house. A common reason is to avoid a disruption in children's lives. Indeed, the courts will often award the house to the parent who has custody of the children.

If you do decide you want to keep the house, be aware you may have to refinance your mortgage as a sole owner. Check your finances to ensure you can cover all the expenses associated with sole ownership. You'll also have to compensate your spouse to take sole ownership. As noted, you might offset the cost with other marital assets of equal value.

To determine that factor, you may have to get an appraisal of your house. With a marital settlement, you negotiate with your spouse directly or through a mediator. If you can't reach a settlement, the courts will decide but sometimes the only real option is selling the house and splitting the proceeds.

If you want to discuss your options, contact Allan Brandon Tise, PLLC, Attorney at Law .

Attorney's Fees: Can You Request Payment by Your Spouse? | Allan Brandon Tise PLLC, Attorney at Law

Fri, 06 Mar 2020 20:12:00 GMT

Part of the divorce process is the division of assets. You and your spouse have to go through your assets and debts to determine how you will both move forward financially. One of your major expenses to navigate is your legal fees for your divorce and other aspects of the process.

In some situations, one spouse may not be as financially stable as the other, which makes the thought of paying expensive legal fees for divorce almost impossible. However, you may be able to have your spouse pay your legal fees for you in certain situations. The following are some things you should know if you want to pursue payment of your legal fees by your spouse.

Why Would Your Spouse Pay Your Legal Fees?

If you believe you will have difficulty paying your legal fees, you can request your spouse to pay them, or at least a portion of the fees for you. To do this, you must petition the court for an award of attorney's fees as part of your divorce settlement if you are a dependent spouse under North Carolina law.

In North Carolina, you can petition on the basis of need as a dependent spouse. A dependent spouse is one who qualifies for alimony or other spousal maintenance after separation. The court must decide that you must depend on your spouse to support yourself.

This is common if one of you were a stay-at-home parent or homemaker instead of taking part in the workforce. If the court decides you sacrificed your professional career for the sake of your family or needs of your household, you may petition for an award of attorney's fees.

You may still get your legal fees from your spouse if you work but do not make as high an income as your spouse. Additionally, you may also petition the court if you do not have control of your financial accounts and therefore cannot access funds to pay your legal fees. To make the decision, the court will look at the disposable income of your spouse, and any separately owned property.

Your spouse may also have to pay your attorney's fees based on fault. If the court decides that your spouse has entered into the divorce with bad faith and prolongs the process unnecessarily, you can petition for an attorney's fee award. If your spouse acts frivolously and causes your attorney's fees to stack up, the court may order your spouse to pay.

Examples of frivolous behavior are if your spouse will not negotiate throughout the process, not following a court order, if he or she hides assets, or does not provide any requested documentation.

Which Fees Can You Recover?

The court will determine which of the fees your spouse will pay after you petition for an attorney's fee award. The court may require your spouse to pay all or a percentage of the different expenses involved with your divorce.

You can petition for financial coverage for the divorce as a separate action. You can also request payment for expenses related to alimony, custody, child support, and the expense for any modifications you need.

What If You Cannot Receive the Entirety of Your Legal Fees?

If the court decides that you do not qualify for full payment of your attorney's fees, you can opt to file for an advance of your equitable distribution. Equitable distribution is your part of the final divorce settlement you will receive once the divorce is final. The judge may allow you to access your part of the settlement to help offset your legal fees.

A divorce is an expensive process and can seem overwhelming. If you believe you are entitled to legal fee payments by your spouse, be sure to discuss your options with your divorce attorney. If you have any questions about divorce or are ready to move forward with the process, please contact Allan Brandon Tise, PLLC .

Kids and Divorce: Is There a Good Time to Move Forward? | Allan Brandon Tise PLLC, Attorney at Law

Wed, 05 Feb 2020 21:13:00 GMT

If you are putting off your divorce because you don't want to upset your children's lives, you are not alone. Many couples remain married even after they decide they want to separate for the sake of their children. However, you may be doing more harm than good. Ultimately, remaining in a poor marriage is likely going to be more difficult than if you divorce.

Still, many parents question this decision. Some believe it is better to wait until the children are older so they are better equipped to understand what is happening. If you are waiting to divorce because of your children, you may want to consider the following information.

Does a Child's Age Matter?

One major sticking point of divorcing when you have children is the age of your kids. Your circumstances are unique and your children's reactions will be different, but there are some statistics that show the impact of divorce on children of certain ages. This may make the decision easier for you if you are considering your children as a factor of your divorce process.

When you have infants, the decision is much easier. Infants do not know about or understand the conflict unless one or both of you are physically abusive. A baby will certainly be able to detect when there is turmoil, particularly if the two of you yell and scream at one another.

If this is not the case for you, the chances that your infant has any idea as to what is going on is minute. An infant will not have memories of you all living together. Thus, divorcing with an infant is probably the easiest within this situation because he or she will never know anything was ever different.

If you have a toddler, things can be more complicated. When you change his or her world by one of you moving out, your child is very likely to show signs of emotion or turmoil. A child this age can have difficulty understanding why one day his or her parents are no longer together.

When you divorce with toddlers, it is best to move on with your normal routines as much as possible and make sure the child can see both parents regularly to establish a new normal.

When you have older children and adolescents, the reactions can be mixed. Some children will show a lot of emotion while other's will hold it in. Some kids may compartmentalize his or her feelings and try to blame themselves. You may notice some children and adolescents become angry at having to change their lives around. Others may be happier after the split because the home has been unhappy.

No matter what, you should create a supportive atmosphere with children of this age. Be available to answer questions. Also, be open to outside counseling if your older child or adolescent is having a lot of trouble with the changes.

When Is the Best Time?

This question doesn't have one correct answer. What is easy for one family may be impossible for the next. You have to evaluate your circumstances and determine what is best for you. The bottom line, however, is when parents are unhappy in their circumstances, chances are the entire family is dragged down as well.

When you are living in a stressful and angry environment, it is often healthier to cut the cord and let go of the unhappy marriage for the sake of the children. The new situation will be difficult at first, but everyone will acclimate eventually and adapt to their new lives. In most cases, everyone will finally be much happier.

If you have any questions or concerns about divorce, please contact Allan Brandon Tise, PLLC today.

Tips for Helping Your Child Through a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Mon, 02 Dec 2019 15:48:00 GMT

Between 40 and 50 percent of marriages end in divorce, according to the American Psychological Association . If you are going through a divorce, your child might be suffering from it as well. Here are some ways you can help them cope.

Discuss the Divorce

The most important thing you can do to help your child through the complicated emotions divorce brings is to talk about it openly. If possible, sit down with your soon-to-be ex and talk to your child before one parent moves out of the family home so you can present a united front.

Divorce discussions aren't one-time conversations. As the process moves along, your child will likely experience different emotions, so keep the discussions ongoing. Encourage your child to be open and honest about their feelings by doing the same yourself.

You don't have to get into the gritty details, and you shouldn't use your child as your main pillar of support, but showing your child that you're also grieving will help them feel safe to express their own emotions.

Answer Questions Honestly

Answer your child's questions as honestly as you can. It's okay to admit you don't have all the answers if your child asks about something you're unsure about. Let them know you'll give them as much information as you can about things that affect them as they come up.

If they ask for details you're not willing to discuss in detail, tell them so. For example, if your child asks for information about a parent's infidelity, acknowledge their desire to know the details in a nonjudgmental way. Then explain that some things are between you and your former spouse and not things your child has to worry about.

Talk Positively About the Other Parent

Emotions run high during a divorce, but it's important not to talk negatively about your child's other parent. This doesn't mean you have to make excuses for bad behavior, like not showing up to pick your child up for visitation, but you'll make things worse if you launch into an angry tirade.

Explain that your main priority is to make sure your child is taken care of and loved. It's vital to reassure your child often that the divorce is not their fault and that it doesn't change the fact that both you and your ex love your child unconditionally.

Children often hide feelings of fear and insecurity during a divorce, so it's important to discuss this even if your child hasn't shown any signs of shouldering the blame.

Co-Parent Civilly

One of the best things you can do to help your child through the transition of divorce is to communicate calmly and civilly with your ex on parenting matters. Make sure your ex knows about any important health or school-related matters that affect your child. Send your child to your ex's home clean, fed, and well-rested so they're in the best position to enjoy their time.

Show supportive interest when your child returns home from visitation. Refrain from grilling them with many questions about what they did at their other parent's house. Ask about their time in an open-ended, interested manner.

If your ex brings a new partner around when your child is there for visitation, acknowledge any information your child provides. Let them know you're available to discuss any feelings they might have about their parent's new partner, but don't put your child in a position where they feel like you want them to provide details about your former partner's romantic life.

Seek Help if Needed

Even children going through a divorce with parents who are both amicable and supportive can have strong feelings parents aren't equipped to deal with. Seek counseling for your child if they start to appear withdrawn or severely depressed or anxious.

That goes for you too - not everyone can manage the emotions that come with divorce alone, and you can set a positive example for your child by seeking psychological help openly if you feel like you need some extra help.

Allan Brandon Tise, PLLC Attorney at Law helps clients with divorce in the Wilmington, North Carolina area through in-person and phone consultations. Contact us today to set up an appointment.

Calculating How Much to Ask for as Alimony | Allan Brandon Tise PLLC, Attorney at Law

Mon, 11 Nov 2019 20:06:00 GMT

Are you going through a divorce? Many aspects of your life will change during this difficult transition. And for many people, one of the biggest adjustments is their finances. If you were part of a two-income family or relied on your spouse to provide for the family, you have lost not only a partner but also necessary income. The provision of alimony is designed to help make up for this loss in a very practical way. But how do you know how much alimony to ask for? What is reasonable, what is necessary, and what is possible? Here are a few factors to consider.
Alimony Calculators A handful of states (such as California, Florida, and Arizona) provide online calculators that weigh various factors in order to come up with a guideline for alimony support. Judges in these states may be obligated to follow such guidelines. If you don't live in one of these states, such calculators can still provide valuable information - giving you an idea of what to include when coming up with your own alimony request.
Earnings and Education The ability of both spouses to earn an income in the future is key to the court's decision about how much one must pay. If you spent decades staying home and raising children, your skills and career may be seriously stunted and mean less income if you return to the workforce. Even if there were no kids involved, many spouses have made other income sacrifices over the years - including working to support or promote the other spouse's career, maintaining the home, or supporting a spouse going through college. If your career is unlikely to get back on the same trajectory, more support would be appropriate. In addition to the recipient's earnings history and potential, judges also take into consideration the ex-spouse's earning potential. If you married a humble law student who has now become a powerful attorney, he or she is likely to continue to earn significant wages. A judge will likely agree that you should reap some piece of that financial pie.
Length of Marriage The longer your marriage was, the more likely you are to receive an alimony order and the higher it's likely to be. Generally, it's agreed that a spouse who was invested in and made sacrifices for a lengthy marriage should be compensated for it. On the other hand, a couple who have only been together for a year or two are considered to be less invested in the relationship. There are also fewer significant sacrifices to point to that would have affected your earning potential. Even if you left school to move with a spouse to another state, you may still be able to reasonably return to your old path without great loss.
Obstacles to Employment Education and job history aren't the only factors that can affect your future income. Middle-aged and older divorcees often have difficulty finding new jobs or being promoted due to age discrimination. Similarly, physical limitations and your health (both current and future) are determining factors. If you were trained as a roofer, for example, but now cannot physically spend all day climbing on roofs at the age of 60, you probably won't be expected to rely on that income. If, though, you would be able to transition to a less demanding (but equally lucrative) career if given time to pursue the right education, you may receive alimony for a set number of years instead. How will all these factors affect your own alimony request? There is no cut and dried answer to alimony questions. It does indeed depend on each case and is often left up to the judge's discretion. But by understanding how to properly value your and your spouse's income situation, you can choose the right number and boost your chances of getting it. Attorney Allen Brandon Tise, PLLC can help you through this challenging process. Call us today to make an appointment with our experienced legal team.

Tips for Rebuilding Your Finances After a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Thu, 07 Nov 2019 01:33:00 GMT

You've survived your divorce and your friends and family are urging you to take care of your emotional needs. This is an important step to healing, but while you tend to your emotions and mental state, there is another critical aspect of your post-divorce life that must be addressed: your finances. Here are a few simple tips for anyone who wants to rebuild and secure their finances after a divorce.
Create a New, Updated Budget If you've always budgeted for yourself, your spouse, and your combined incomes and expenses, creating a new budget with your needs in mind can be tricky. Start by creating two simple lists: your income and your liabilities. Remember to add any alimony and child support to the appropriate lists, as well as pre-divorce obligations such as maintenance fees for the upkeep of your former home. Next, create a thorough breakdown of all your expenses to determine what you can afford and what you may need to sacrifice. Remember, some of your everyday expenses will be cheaper, such as food, gas, and entertainment. Talk to a financial planner if you are having trouble creating a realistic budget, including expenses and luxuries you may need to sacrifice while you get back on your feet.
Create a New List of Financial Goals Write down a list of your short-term and long-term financial goals. Focus on the short-term goals daily and keep the long-term goals in mind when you create a budget, make any major purchases, or change careers. Here are a few things you might have on your short-term goals list:

Consolidate and pay down your credit cards

Negotiate your cellphone and cable bills

Save for a family trip

Your long-term goals might include your desire to:

Retire by a certain age, such as 60

Pay off your mortgage.

Pay for your child's college education

Keep the list of your short-term financial goals in a noticeable spot, such as on your refrigerator. Modify your short-term and long-term goals as needed to reflect your new financial situation.
Avoid Unnecessary Spending If you want to invest in a new wardrobe or buy that big screen television your former spouse always discouraged, be cautious of impulsive purchases. When spending any money post-divorce, make sure you have a handle on your financial outlook and have created a budget. Especially if you are now a single-parent household, you are now financially responsible for all the household expenses. Create a rainy-day fund rather than splurging on a luxury. This will ensure that if there is a medical or household disaster, you will have the extra money set aside to cover the expense.
Increase Your Income Of course, there is only so much you can do to cut back on your spending. If you as the sole breadwinner struggle to make ends meet, find ways to increase your income. For example, ask your employer for a raise or if you can pick up extra hours or shifts. If necessary, look for a second job that will accommodate your new schedule. Sell any items you received in the divorce that are no longer useful. Talk to your attorney if you are a financially struggling single parent and do not have a child support plan in place. Many divorced couples mistakenly believe that once the papers are signed, either spouse cannot ask for child support. However, if you have children, are the custodial parent, and struggle financially, your attorney can help you either modify your existing child support payment arrangement or initiate the process to get child support. If you are recently divorced, getting your finances in order should be a top priority. Contact the professionals at Allan Brandon Tise, PLLC , with all of your questions.

Absolute Divorce or Divorce From Bed and Board? Your Options | Allan Brandon Tise PLLC, Attorney at Law

Wed, 28 Aug 2019 19:01:00 GMT

Do you want to end a marriage in North Carolina? While all states differ in how they handle family law, a few states handle divorce in ways that many people may not be familiar with. North Carolina, for instance, allows for two different types of divorce: absolute divorce and divorce from bed and board. What do these terms mean? And how can you choose wisely for your own case? Here is a brief guide.

Divorce From Bed and Board

The term “divorce from bed and board” confuses many people who aren't intimately familiar with North Carolina law. While its name implies that this is a standard divorce, it is more like a legal separation. A “divorce from bed and board” does not sever a marriage, but rather allows a spouse to legally separate from the other spouse under certain grave circumstances. To qualify for a divorce from bed and board, you generally must be able to show just cause. Basic causes for this action include abandonment, eviction, cruel treatment, emotional abuse, drug or alcohol addiction, or adultery. Because you must show the other party to be at fault in the breakdown of the marriage, you should consult with an experienced attorney to build this case. Divorce from bed and board offers many of the same protections as legal separation in other states. You can arrange for custody, your spouse loses some rights inherent in being a spouse, and you can move forward with your life. This type of divorce provides protection from a potentially dangerous situation while still allowing both persons to decide the ultimate fate of their relationship. However, keep in mind that if you do opt for divorce from bed and board, you will remain legally married. To marry again or to fully terminate spousal rights, you or the other spouse would have to seek absolute divorce. This double cost and effort can deter some couples from using this option.

Absolute Divorce

Absolute divorce is, in North Carolina and certain other states, the term for a complete legal dissolution of the marriage. It is what most people would think of as a standard divorce. It is considered to be “no-fault,” meaning that it doesn't legally matter what caused the marriage to break down. No one has to prove the other was the culprit, and no one takes the blame in negotiations. To pursue an absolute divorce, you and your partner must have not lived together for at least one year (unless you can prove that the other party is legally insane). However, the waiting period may start over if you are considered to have reconciled with your spouse by cohabiting or having ongoing intimacies. Consult with a North Carolina divorce attorney to determine what type of proof you must have that you now live elsewhere. Because the no-fault divorce does require a waiting period, some couples in North Carolina choose to get a legal separation (divorce from bed and board). This allows you to move out and start your new life while waiting. This option may provide for support as well as custody arrangements in the meantime.

Getting Help

Not sure what your best option is to terminate your marriage? Clearly, as in all states, North Carolina residents need to understand the complexities of their particular state's laws. Pursuing the wrong type of divorce or separation can result in additional time, legal costs, and complications. At Allan Brandon Tise, PLLC , we understand state divorce requirements. Call today to make an appointment with one of our experienced legal professionals and receive the counsel you need to start your new life.

Co-Parenting and False Accusations: What You Need to Know | Allan Brandon Tise PLLC, Attorney at Law

Tue, 30 Jul 2019 15:42:00 GMT

Once parents divorce, the process of co-parenting begins. While you do not have to be best friends, you do need to get along well enough to provide a healthy, cohesive family unit for your children. However, there is sometimes animosity between divorced couples that follow them as they co-parent the children. In some of the worst cases, one parent may make false accusations against the other. There is any number of reasons a parent may do this, but the bottom line is that falsely accusing one parent is not healthy for the children involved. False accusations can range from alluding to falsifying legal documents to child abuse. If your former spouse has lodged a false accusation against you in the midst of your co-parenting journey, there are some steps you should take to help clear your name.

Why Would Your Former Spouse Falsely Accuse You?

There is no one correct answer for every circumstance. When someone resorts to false accusations, it typically means they want something out of the situation they cannot obtain honestly. The other spouse could be desperate to have part of your arrangements fall into his or her favor regarding custody, child support, and the like. If your spouse falsely accuses you of anything dealing with your children, custody, or anything else pertaining to your arrangements, you will have to begin the process of protecting yourself to help disprove the allegations.

What Evidence Is Required for False Allegations?

To defend yourself against false allegations, you need to find any documentation or other evidence to prove the allegations wrong. Because the court system takes all allegations seriously when they occur, you will need to have solid proof that you are not guilty of whatever you are accused of. The first thing to do is not panic or feel upset, though you do have the right to feel that way. Take pride in knowing you did not do what you are accused of and work to turn any injustice you may feel into positive action. Any negative infighting between you and your former spouse will not help the situation. Next, begin to gather the evidence to show you are not guilty of the accusation. If you are accused of child abuse, you can provide a clear criminal record to the court. If your former spouse states you do not pick your child up from school on time, request a letter from the school or your child's teacher to prove you are there each day. Additionally, you can have some witnesses to testify on your behalf. If there is any video footage that has a timestamp which exonerates you, you can provide the footage as evidence as well.

When Should You Contact Your Attorney?

As soon as you have been falsely accused, you should call your attorney. All cases are different, and attorneys use a variety of defense strategies based on the accusation. You should be very specific with what was said about you. If you believe you took a specific action that may have been misconstrued in some way by your former spouse, resulting in the allegation, you should tell the clear story to your attorney. It is possible both you and your spouse’s respective attorneys can clear the air without going to court. Also, think if any words were said between you and your former spouse which lead you to believe your former spouse is attempting to regain full custody of your children. Any information you can provide will help clear up a false allegation. If you have any questions or have a family law matter, please contact Allan Brandon Tise, PLLC, Attorney at Law for help.

Confused By Alimony? Understanding 3 Common Misconceptions | Allan Brandon Tise PLLC, Attorney at Law

Tue, 09 Jul 2019 02:22:00 GMT

Divorce is more than just an end of a physical relationship. For most married couples, divorce also consists of ending a financial relationship. Even though you may not share bank accounts and certain bills once the divorce is final, one spouse may need to pay alimony to the other spouse. Also known as spousal support or spousal maintenance, alimony is a common cause of stress and anxiety for couples who are divorcing. If you want to file or finalize a divorce, you need to understand a few misconceptions about alimony. This guide and your attorney can help you understand this complex divorce procedure.

1. Husbands Always Pay Alimony

One of the most common misconceptions people believe is that husbands are always ordered to pay alimony. In reality, there are many factors that determine who pays and how much is paid. Because many wives leave their careers to care for the home and family while the husband works and builds a career, it is easy to see why husbands tend to pay alimony more than the wives. However, many households do have stay-at-home husbands/dads and wives/moms who bring in the sole income for the family. This will usually result in the woman being ordered to pay alimony to the man. In households where both the husband and wife bring in an income, the judge will take marital misconduct into consideration when they determine alimony agreements. If one spouse committed adultery or was abusive, they may be required to pay alimony if they have the financial means to do so. Child custody is another factor that determines who pays alimony. The spouse who will have the children the majority of the time will usually receive alimony payments in addition to child support because extra household expenses will be necessary. Unfortunately, there is no black-and-white answer when it comes to determining who pays alimony. You should consult your attorney about issues related to your specific case.

2. Alimony Is Paid for Life

Many people believe that alimony must be paid for life. This is a difficult misconception to understand because the length alimony is paid for depends on the specific type of alimony ordered by the judge. While surprising to learn, permanent alimony is a possibility. Also known as indefinite alimony, this permanent option is paid until the receiving spouse dies or until the courts believe the alimony is no longer necessary for one reason or another. It is important to note that there are situations where alimony must be paid even after the receiving spouse passes away. If the receiving spouse was never able to gain employment because of their age or health, the courts may order the alimony payments to continue being paid to the receiving spouse's beneficiary/estate. Rehabilitative alimony is also a popular option. This type of alimony is paid until a specific period of time, which is usually when the receiving spouse is able to obtain gainful employment that brings in a sufficient income with which they can support themselves.

3. Alimony Payments Are Tax Deductible

Before 2019, alimony payments were tax deductible to the payer and used as taxable income for the payee. In 2019 and beyond, alimony payments are not deductible and don’t need to be reported. However, as with most things, there are exceptions to this rule when the old rules still apply. If your divorce was executed before 2018, you can still report the alimony payments made to the receiving spouse as a deduction on form 1040, as long as certain stipulations are met. You must have paid the alimony in cash payments and you cannot live in the same home as your ex-spouse. Also, to deduct alimony payments, you and your ex-spouse must file tax returns separately. If you have more questions regarding your divorce or alimony payments, contact Allan Brandon Tise, PLLC today.

Subpoenas and Family Law: What You Need to Know | Allan Brandon Tise PLLC, Attorney at Law

Mon, 03 Jun 2019 17:26:00 GMT

Divorce is an exceptionally difficult time for everyone. The court has to call in a variety of people to help determine how your marriage will end. Some people in your life may not be willing to come to court or provide relevant information on your or your spouse's behalf. In such cases, a subpoena is necessary. The following are some things you need to know about subpoenas.

Subpoenas Defined

Subpoenas are legal tools used by courts to require individuals to take a specific action. If you get a subpoena to show up in court, provide documents, and the like, you have to comply under penalty of law.

Subpoenas and Family Law

A subpoena is used by either party to the divorce in a variety of family law matters. You can subpoena individuals in custody, divorce, and alimony issues. A subpoena is served to other parties who have information relevant to any given case. Due to the sensitive nature of family law matters, people can be hesitant to voluntarily provide information on either side of the case. A subpoena will force those involved to appear or provide the desired information.

Subpoenas for Personal Appearance

One way a court uses a subpoena is to compel someone to appear in court or other legal proceedings to provide a testimony under oath. This subpoena is useful in obtaining information that can clear up disputes between two parties or provide neutral insight. The subpoena also helps support a legal argument or even undermine the legal argument on the other side of the case.

Subpoenas for Document Presentation

The issuance of a subpoena does not always require a person to come to court directly to speak under oath. A subpoena can also compel someone to provide certain documentation to the court. This includes anything from legal documents, financial disclosures, documents pertaining to child custody, and the like. For instance, when a couple divorces agree to share custody of the children, a time percentage is attributed to each parent. If one parent has the children 30 percent of the time and the other 70 percent, the parent with less time will have to pay child support to the other parent. If the parent who receives child support suspects the other did not disclose all of his or her income, an attorney can subpoena the financial statements to determine if the custodial parent should receive more in child support.

Subpoenas for Both Documentation and Appearance

Sometimes, a subpoena is used to compel both documentation and an appearance under oath. In this case, the person has to come to the proceeding with the documents. This is often the case when the court needs an explanation or clarification of the information inside the documents. This can happen if one spouse believes the other is not providing accurate information he or she should be privy to during a divorce. Such information includes medical records, financial records, retirement account logins, and the like.

Subpoenas and the Law

One thing all parties must remember is a subpoena is a legal tool utilized under the authority of the law. If one chooses to ignore a subpoena, he or she can face a charge of contempt. This comes with a punishment of fines, criminal charges, and even jail time. If you have any family law needs and require representation, please contact us at Allan Brandon Tise, PLLC, Attorney at Law . We know any family law issue is a difficult and emotional time for all involved. We will work with you to help make the process as easy as possible for you and your family during this time.

Special Needs Children and Child Support: What to Know | Allan Brandon Tise PLLC, Attorney at Law

Mon, 06 May 2019 08:44:00 GMT

One of the most important aspects when parents divorce is child support. When the court determines how to distribute the payments, they consider a variety of factors. One of the main factors the court considers is the physical and mental health of the child.

The well-being of the child is the priority, so when a child has special needs, the judge will take the costs of maintaining those needs when they determine child support payments. All parents of special needs children should be aware of how child support is affected.

Understanding the Goal of Child Support

Both parents are expected to financially contribute to a child's needs. Child support allows one parent to give the custodial parent the additional means to pay for the child's needs. This includes living expenses, medical care, education, and other everyday needs. To determine a fair amount, the court looks at several factors in addition to the child's special needs.

The judge will evaluate the amount of money each parent makes, weighing those incomes against each other. If one parent makes twice as much money, the parent who makes more will typically have to pay higher child support.

Meeting the Needs of a Special Needs Child

Child support is used for the children's needs, no matter what they may be. Children who require special care need regular medical treatments, therapies, medication, and the like. This medical care equates to higher expenses than children without special needs, therefore requiring the judge to carefully evaluate each individual circumstance when declaring the child support order.

Parents may have to pay for special vehicles to get the child around, special accommodations in the home so the child can be more mobile, or an in-home care professional on a daily basis. The custodial parent may have to stay home full time to care for the child, meaning he or she has no income.

The child support order will take these expenses into consideration when the child support amount is determined. No matter the needs of the child, both parents have to contribute as much as possible. Parents do have access to special organizations and government programs to help cover the costs of the child's needs, but these programs cannot pay for everything.

The judge will also look at insurance coverage for the child, if applicable. One parent could have to keep the child on his or her insurance policy to help pay for the child's medical expenses. This is not part of child support, but the co-pays and deductible expenses can be incorporated into the overall total of child support.

Dealing With an Adult Special Needs Child

When a child reaches adulthood, child support ends and the child is legally on his or her own financially, except for some states if the child attends college.

Children with significant disabilities, however, need continual care, as many of them will never be able to support themselves financially. The child will have to rely on his or her parents for support. In these cases, child support payments may continue for as long as the child is alive.

Modifying Child Support

If the custodial parent believes the amount of child support no longer covers all of the child's special needs, he or she can go back to court for a child support modification to increase the amount. This will ensure both parents equally support the child.

On the other hand, if the costs of the child's care decreases, a modification can also adjust the child support down.

If you have any questions about family law or need legal representation, please contact Allan Brandon Tise PLLC, Attorney at Law , for assistance. We look forward to assisting you with your needs.

The 411 on Hiding Assets While Divorcing | Allan Brandon Tise PLLC, Attorney at Law

Fri, 05 Apr 2019 14:20:00 GMT

Marriage can be a joyous partnership for some. For others, marriage is just not a healthy and happy partnership. In fact, recent reports have shown about 40 to 50 percent of all marriages end in divorce. The process of dissolving a marriage is not meant to be easy, but you can make your divorce less physically, emotionally, and financially stressful. Although already an issue in many marriages, finances can be a sore topic in divorces as well. Whether you are considering hiding assets from your spouse to reduce the risk of financial loss in a divorce or you are worried your spouse is hiding assets from you, this guide and your attorney will help.

The 411 on Hiding Assets

There are people who choose to divorce amicably, agreeing on all matters related to the end of the marriage, support, and custody. Unfortunately, many spouses do not divorce amicably, arguing over every single detail, especially when it comes to finances. If you are divorcing and feel you need to hide assets for your own benefit or you are worried your spouse may be considering hiding assets or property from you, talk to your lawyer immediately.

Signs Your Spouse Is Hiding Assets

How do you know if your spouse is hiding assets? Learn some of the signs. Bank Statements Pay attention to any bank, investment, and credit card statements that are coming in the mail. This should alert you to accounts you did not know about. When reviewing bank and credit card statements, focus on any cash withdrawals. Large cash withdrawals could stem from your spouse moving cash from one account to another hidden location. Unusual Purchases If your spouse is purchasing valuable items, such as collectibles, jewelry, vehicles, art, or cryptocurrency, even though they have not had a previous interest in these items, they may be buying to sell later on after the divorce is finalized. Hidden Storage Any payments made to the post office may also be a sign your spouse is hiding something. A small payment could indicate they are renting a storage unit, which will be used to store hidden statements, cash, or other assets. If you notice a small charge to a bank, your spouse may be renting a safe deposit box for the same purpose of hiding assets. Lifestyle Analysis Many people choose to work with a divorce financial advisor to conduct a lifestyle analysis. This analysis is important for a few reasons. Not only will an analysis help determine if and how much spousal or child support should be paid, but the analysis can also calculate the household budget, which determines if the income and expenses don’t match, which could indicate hidden assets. Finally, if your spouse becomes defensive when you ask them about different transactions or financial matters, they may be hiding something from you.

Risks of Hiding Assets

One of the most essential facts to remember is that disclosing all of your assets and property information occurs under oath. Therefore, if you are hiding assets or not fully disclosing this financial information, you are committing a form of fraud. In most courts, judges will frown upon spouses who are caught hiding assets. Court rulings may favor the other spouse, which means the spouse caught hiding assets/property will lose a larger percentage of the property they were attempting to hide. If you or your spouse is caught hiding assets, there will be consequences. In some instances, these consequences could lead to criminal charges , such as contempt of court, perjury, and nondisclosure violations. No matter what the specific consequence, hiding assets during a divorce is not worth the risk. From an even higher financial loss to criminal charges and more time and money spent in court, being completely open and honest about your assets and property throughout the divorce is a must. For more information on filing or navigating the divorce process, contact Allan Brandon Tise, PLLC, today.

Can You Share a Divorce Attorney? | Allan Brandon Tise PLLC, Attorney at Law

Wed, 06 Mar 2019 18:37:00 GMT

Divorce is rarely an easy process, and matters become more difficult when you try to factor in the needs and desires of each person and any children you have together. Part of the difficulty that comes with going through divorce is also finding an attorney you can trust. Many couples wonder if they can use the same divorce attorney. If you question whether sharing a divorce attorney is legal or a good idea, you need to read this guide. You may rethink the prospect and realize why sharing a divorce attorney is simply not recommended in most situations.

Why Do People Want to Share Divorce Attorneys?

Money is one of the biggest reasons why a couple initially considers the idea of sharing a divorce attorney. They may think that by sharing an attorney, they are reducing the bill by half. Additionally, many people think that hiring two attorneys means they must enter a hefty legal battle with their spouse. However, you will find that if you hire your own attorney that this does not have to be the case. Your attorney will not encourage you to fight for something you do not have a legal right to. If you are unwilling to hire an attorney, neutral-party mediation is the closest thing you can do to sharing an attorney. Keep in mind that the mediator plays a limited role in the process and does not represent your rights or best interests in court.

My Divorce Is Uncontested -- Why Can't I Share an Attorney?

Let's say that you and your spouse both agree to the divorce. No problem, right? Wrong. According to the law, you and your spouse are opposing parties in a legal matter. If you share an attorney, this would create a conflict of interest for him or her. This is a major ethical dilemma for an attorney, and it would prevent him or her from being able to represent both parties equally. Additionally, you can’t foresee many disagreements that arrive when you are going through the divorce process. For example, your spouse could decide that they don't like the estimated amount of alimony or child support they are asked to pay. One wrong turn can make the entire ordeal feel much more contentious.

But Doesn't Hiring an Attorney Make Divorce Contentious?

Simply because you choose to have your own legal representation in court does not mean the process has to get dirty or heated. Hiring an attorney simply means you want to protect your own rights. Additionally, hiring an attorney does not mean you can't still go to mediation to hash out some of the details surrounding your plans. Divorce mediation can facilitate calm, rational discussion about your desires and needs moving forward after the divorce.

So, What's Next?

The next step is to get in touch with your own divorce attorney. They will walk you through the initial steps of filing for divorce or representing your interests in family court. Even if you are only considering a separation, you should consult with an attorney — especially if you have children. You also need to come up with a list of your assets and liabilities to share with your attorney. They will then determine what property you may have rights to take with you when the marriage dissolves. Allan Brandon Tise, PLLC, Attorney at Law , understands the difficulty of finding a divorce attorney you trust during this difficult time. Call our office today to set up a consultation with one of our compassionate and understanding attorneys who can help you get through the process of divorce, from beginning to end.

Makingan Informal Custody Agreement: What You Must Know | Allan Brandon Tise PLLC, Attorney at Law

Tue, 12 Feb 2019 04:25:00 GMT

When you get divorced and you have children, one of the most important parts of the process is dealing with child custody. Understandably, you both want to spend as much time with the kids as possible, and you will each have your own ideas as to what the best situation for the kids is. Some couples opt to make their own informal time-sharing arrangements to avoid dealing with attorneys and court. Although making your own arrangements seems like a quick and easy way of resolving how you will spend time with the kids, these arrangements almost never work out. The following are some things you need to know before you make your own arrangements.

You Are Allowed to Make Your Own Arrangements

If you and your former spouse can communicate effectively and have the same goals for your children, you are allowed to create your own arrangements regarding sharing time with your children. However, you must submit your arrangement to the court if you want to make your arrangements legal. Making your own arrangements without any type of legal involvement is not ideal, nor recommended, as it opens your family to potential problems with sharing equal time with your kids.

Informal Agreements Are Not Enforceable

You should always confirm your own arrangements regarding your time with the children through court. The most important reason why you should involve the court is because you cannot enforce your own agreement unless it is approved by the judge. Without a legally binding agreement, your former spouse could decide to suddenly change the rules without your permission. Your former spouse could also take your children away on a long trip without your permission or even without telling you, leaving you with little to no recourse. Because you have no formal agreement, neither of you have a legal consequence to adhere to your informal agreement.

Informal Agreements Do Not Have Proper Foresight

When you do not involve the court or an attorney with your time-sharing arrangements, you could lack some essential foresight that should be in your arrangements. A variety of legal issues can occur after your divorce and during your subsequent time-sharing agreement. If you are ignorant of the possible issues that can arise at a later time, you do not have the foresight to include them in your agreement. Overlooking some seemingly minor details can leave you both vulnerable to significant problems. For instance, have you thought to include stipulations on taking your children out of the country for any reason? If your former spouse suddenly decides to move and take your children to a different country with no intention to return, you will face months, or even years, of fighting to get the children back in your custody. An attorney will know which stipulations to include in a formal custody arrangement. Furthermore, a judge will only approve a custody arrangement which is fair and includes all necessary foresight into any potential situation that can occur until your child is of age.

You Can Make Changes to a Formal Custody Arrangement

If you avoid seeking a legal custody arrangement because you want flexibility in making changes when necessary, keep in mind you have the ability to request changes from the court. If you and your former spouse agree on the changes to your arrangement, you just have to go to court and request the change in your legal agreement. If you and your spouse do not agree on the changes, you can still request a modification, but you have to provide proof as to how the change will benefit the children. If you need assistance with a family law matter, please contact Allan Brandon Tise PLLC, Attorney at Law.

Tips for Managing Vacation Time While Co-Parenting | Allan Brandon Tise PLLC, Attorney at Law

Sat, 17 Nov 2018 00:00:00 GMT

Planning a vacation is the first part of the fun of going on vacation. However, when you're co-parenting children with an ex, some of the fun can evaporate. You may feel like you must negotiate child custody all over again just so you can take a vacation. Manage this tricky situation by planning ahead and maintaining open lines of communication with your ex.

Talk About Vacation Time Beforehand

When you sit down to make a parenting plan, the separation is usually in the early stages. In the time between the separation and your children reach their majority, you'll likely undergo large changes in circumstances. These changes can include changing jobs or settling with a new partner. Said changes can also affect when you take your vacation. You'll never be able to account for every eventuality when you craft your parenting plan. Instead, talk with your co-parent about how to approach changed circumstances. For example, many co-parents agree that vacation orders will take precedence over scheduled parenting time, as long as the vacation doesn't interfere with school schedules. While you're planning the vacation portion of your parenting plan, remember that both co-parents deserve equal vacation time with the children. That said, you may want to include stipulations for moving away. For example, if you have less time with your children during the school year because you moved, you might advocate for more vacation time.

Include School Vacations in the Parenting Plan

A successful parenting plan should account for as many parenting scenarios as possible. Luckily, schooling is predictable, so you can incorporate the schedule into your plan. The first step is to research what the typical school vacations look like in your area. Time off is not standardized. Some school districts shorten summers and incorporate more vacation days into the school year, while others maintain a more traditional schedule. The number-one consideration when co-parenting is to consider the best interests of the child in every decision. So, if your ex comes up with a last-minute spring break trip, take a step back and think about how the trip will affect your children. You can always negotiate make-up parenting time that will be equally fun, such as over another school break.

Think About Travel Sans Kids

You may want to take the opposite approach with your co-parent. For example, talk about what the parenting schedule will look like if one of you goes on vacation without the children. Many co-parents agree to switch weeks of parenting time to accommodate the other's vacation. Conversely, maybe you or your co-parent will simply take on more parenting time while the other is on vacation with no exchange. In that case, you may want to look into the economics of the matter, especially if increased parenting time increases childcare costs. The vacationing parent could take on some of these increased costs.

Consider Out-of-State and International Travel

North Carolina doesn't have any specific laws regarding traveling out-of-state or even out of the country with your children. Instead, the laws expect such situations to be spelled out in the parenting plan. Usually, when you're planning a vacation outside the state, you need to notify your co-parent ahead of time. North Carolina law doesn't specify how much notice you must give, but one month is often suggested. You and your co-parent's preferences should be stipulated in the parenting plan. Federal law requires all citizens, including infants on up, to have a valid passport when traveling outside the country. If you think any international travel is in your future, get your children's passports ahead of time. When developing a co-parenting plan, account for the usual vacations and build in some flexibility for changing circumstances. Consult with the family law experts at Allan Brandon Tise, PLLC, Attorney at Law for more advice or help with tricky vacation custody situations.

Tips for Making Visitation Positive | Allan Brandon Tise PLLC, Attorney at Law

Tue, 09 Oct 2018 00:00:00 GMT

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While divorce is difficult for any set of spouses, the process of separating is especially hard on children. Children often struggle the most with their parents’ divorce, and the struggle continues when they do not have stable, consistent relationships with each parent. Visitation is designed to facilitate healthy relationships.

Visitation may be difficult to deal with and perhaps even hard for children to understand. Still, you can take some steps to make visitation a positive experience. Consider these tips when you approach visitation for the first time.

1. Always Be on Time

When you are supposed to pick up or drop off your child at a specific time, ensure you do it. Punctuality shows your child that they are a priority in your life. Additionally, being late for pick-ups and drop-offs may also be against the court order for visitation. Changing plans at the last minute may also pose a problem.

You may also use a calendar specifically for the children's division of time. Place the calendar somewhere the children can always see it to create a sense of stability and to develop reasonable expectations.

2. Allow Phone Calls

Children naturally miss a parent they are not with physically, but they may fear showing you how they feel out of fear they will hurt your feelings. Encourage your child to communicate his or her feelings to you.

Your child should feel comfortable calling his or her other parent to talk for a few moments, even if only to tell them good night or good morning. You can also help your child cope by working on art projects as gifts for their other parent.

Preventing a child from speaking to their other parent during visitation may not look well in court if you have your visitation or custody arrangement amended in court.

3. Collaborate on Holiday Plans

If the judge did not already create a holiday plan for switching off your children, you should set one up together. Many families alternate which holidays the children will spend at each parent's home.

When you create this plan, be as specific as possible. Include pick-up and drop-off times to avoid any conflict or misconception of where the children will be and when.

4. Communicate Effectively With Your Co-Parent

Your co-parenting relationship relies on strong communication. When you communicate with each other, you can provide pertinent information and also establish rules for the children. When children have consistent rules in both homes, they are less confused.

At the same time, adult discussions should happen only in private and never around the children. Children should not be aware of any conflicts existing between the two of you, as it may make them anxious or fearful. Setting aside hurt and anger is difficult following a divorce, especially because you must work together to make important decisions regarding your child's medical needs, education, and financial issues.

5. Rely on Professional Advice

Effective co-parenting has many benefits for your children. To start, children feel more secure when they know both parents love them. They also benefit from consistency and having healthy examples of communication in their life. You can provide excellent examples of adult behavior by modeling communication with your co-parent.

Are you in the midst of a divorce that involves children? Does your ex-spouse want to amend your agreement?
Allan Brandon Tise PLLC, Attorney at Law is a family law office that understands the stress involved in establishing visitation and custody in a divorce. Contact us today to set up a consultation with our attorneys to learn more about what you can do in your specific case.

Strategies for Making a Social Media Agreement With an Ex | Allan Brandon Tise PLLC, Attorney at Law

Wed, 08 Aug 2018 00:00:00 GMT

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When you're trying to navigate the tricky waters of a modern divorce, it is impossible to enjoy only smooth sailing. Some of the challenges you face along the way may involve social media. To simplify things and avoid complicated disputes, discuss social media with your soon-to-be ex as early in the divorce process as possible.

Consider these strategies for making a social media agreement that can help keep the peace between you and your ex. They can also help protect the privacy of the entire family, and your kids may benefit from the agreement in multiple ways.

Set Priorities and Encourage Your Ex to Do the Same

Social media is not a necessity for any adult. Even if you or your ex have a business to run, you can maintain a professional social media presence without keeping a personal one. Approach discussions about social media in a relaxed manner since it is an optional pleasure for you and your ex.

Ask your ex to determine what their social media priorities are prior to discussing the matter with you. Do the same. That way, when you meet up to figure out how you both want to proceed on social media after the divorce, you both are clear on what's most important to you.

If your ex wants to announce the divorce on social media, weigh that desire against how important protecting your privacy is. If you decide to post about the divorce on social media, have a detailed discussion about what each of you should and shouldn't reveal about the circumstances of the divorce.

Make Social Media Rules for Your Kids

Talk to your ex about what is acceptable for the kids to post online. Children and teenagers may want to vent a little with friends-only posts about the divorce. However, you can say no and set strict boundaries on social media privileges.

Your kids can always call friends or vent in person. Social media isn't the only outlet for venting for kids any more than it is for you and your ex. Don't give in to guilt trips if your children and teens try to talk you out of the rules. Instead, stand firm and explain to your kids that your goal is to protect them from the negative consequences of social media posts.

Set aside time to discuss the situation with your ex and don't end the discussion until you agree on social media rules for your kids. Possible rules for them include:

All social media posts must be kind to all members of the family. Kids should not be allowed to say unkind things about either parent or any siblings. Consider making that a blanket rule that includes friends, acquaintances, teachers, and others.
Kids may only share posts with a parent-approved list of friends. Privacy settings are ideal for protecting children from the prying eyes of strangers and those who may not have their best interests at heart.
Parents get to approve all posts. It's okay to ask your kids to clear all posts with you.
Specifics must be left out of posts. You may allow your children to vent about how they are feeling on social media if the post doesn't name names or fall into passive-aggressive territory.
Be specific and consistent with all the social media rules you set. Let your kids know what will be expected of them during and after the divorce.

Finally, the best way to ensure that all your family members are on the same page regarding social media is to be open and up front about your expectations. For this and any other important matters regarding your divorce, discuss the matters with your divorce lawyer. Contact Allan Brandon Tise PLLC, Attorney at Law today for an initial consultation.

The Role Defamation Plays in Divorce | Allan Brandon Tise PLLC, Attorney at Law

Tue, 10 Jul 2018 00:00:00 GMT

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Divorce is rarely a simple and unemotional process. In many cases, the two involved parties are tense and have animosity toward each other. Hurtful and hateful comments are not rare in consideration of divorce proceedings.

Unfortunately, these statements may lead to false claims. Many clients ask their family law attorneys what steps they can take in pursuit of making these claims stop. Family law attorneys try to understand the role defamation plays on the divorce case so that they can make good decisions for their clients.

Read this guide to learn more about the role defamation may impact your divorce or any upcoming litigation. You may be surprised to learn how often defamation occurs.

Understanding Defamation

Defamation is intentional false communication with the intention of harming another person. Defamation can be either verbal or written, but true statements that may be negative are not considered defamatory. Additionally, defamation cannot stem from a statement of an opinion.

Social media is now typically considered a means of communication that may result in defamation. These rules indicate that making comments on social media like Facebook or Instagram can actually impact your divorce proceedings.

Many people use defamation as a means of proving fault in a divorce or as an attempt to demonstrate that one party does not deserve alimony or custody of a child. Defamation can severely impact parent-child relationships.

Judges do not take defamation lightly. The words you write or say can severely impact relationships, employment, and even court proceedings.

Considering the Role of Defamation in Divorce

Defamation is especially difficult for individuals undergoing divorce because the damages are potentially life-altering. When an individual makes defamatory statements, they are often trying to make another party look bad in court. Judges understand this.

Still, many of the statements involved in divorce fall under the umbrella of litigation privilege. Privilege allows for immunity from claims of defamation if statements are made in the courtroom during the divorce proceedings. Witness testimony, for instance, is typically not a type of statement that individuals can sue for.

Such privilege does not extend to statements that you make in personal communications. Text messages between your ex-spouse and another person, phone calls, and private messages are all considered defamation. You may need to present evidence of these statements in court.

In some cases, divorce court judges have actually considered the role of defamation in their cases. After spending such a long time in the courtroom, judges often have a good sense of what kinds of statements ex-spouses make against each other.

If your ex-spouse brings in screenshots of social media communications featuring defamatory statements, judges may take this into account when hearing statements you make. Either party making defamatory statements may face consequences in court.

Some judges may consider some forms of defamation to be precursors to parental alienation. Judges take alienation of a parent seriously because it impacts the child's ability to maintain strong, positive relationships with each party.

Suing for Defamation

In some cases, you may be able to sue an ex-spouse for defamation. Since defamation is a civil offense rather than a family or criminal offense, the process of filing suit is different from divorce or pressing charges. You can discuss your options with your family law or divorce attorney.

Divorce is difficult, especially when tensions run high. Talk to your divorce attorney if you have more questions about divorce and other family issues linked to your case.

Allan Brandon Tise, PLLC, Attorney at Law understands the heavy toll divorce can take on many aspects of your life. Call today to set up a consultation to discuss your legal situation.

What Are Your Chances Of Getting Sole Custody Of Your Kids? | Allan Brandon Tise PLLC, Attorney at Law

Mon, 11 Jun 2018 00:00:00 GMT

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In most divorce cases, courts divide parental access to children between both parents in what is known as shared or split custody. Sole custody, where one parent has their children with them full-time (the other parent gets visitation allowances), is granted far less often.

The goal of every court system is to do what is best for the interests, safety, and well-being of the children involved in a divorce and custody case. For this reason, even if you are the primary caregiver of your children, you are very likely to be given joint custody of your children.

Many factors go into whether you will be granted sole or full custody of your children (both physically and legally). Speak with your lawyer to see if any of the following factors regarding child custody apply to your specific case.

Your Child Has Special Needs

Children with special needs often rely on routine and very close supervision in order to thrive. If you have a special needs child who requires an individual education plan at school, constant supervision in the home, and who receives therapy outside the home that you are primarily present for, the court system may grant you full custody of your child so they have fewer transitions in their life.

You will have to prove (with evidence from therapists and special education teachers) that having your child removed from your home for large periods of time will greatly disrupt your child's sense of comfort and safety. Courts will then decide if sole custody in your favor is in the best interest of your unique child.

Your Ex-Spouse is a Danger

If the other parent is a threat to you or your children, then allowing the other parent extended rights to your children will not be considered in the best interests of your children. Domestic violence, drug abuse, or severe mental problems can all be used in court against the other parent to show they are unstable enough to make you uncomfortable with them having the children without your supervision.

Proving your ex-spouse is a current or future danger to your children can be tricky: your lawyer will want email or text message exchanges, recent police reports, past arrests, and any documented abuse you have experienced or witnessed to show the courts to help strengthen your case.

Your Ex is Not Involved with the Children

Are you the primary decision maker for the care and needs of your children? Have you provided most of your kids' needs financially in the past? Has your ex-spouse spent several days away from the home or neglected the children on days when they are not working?

Parental neglect or lack of involvement throughout your marriage can be a factor in whether you gain full legal and physical custody of your children or not. However, be prepared to fight - your ex spouse will try to negate any proof you have of their lack of involvement in the lives of your shared children, and will attempt to convince the courts that you are simply trying to keep the children from them out of spite.

If you are concerned about the welfare of your children and worry the court will not see things your way regarding child custody, hire an experienced family law attorney right away. Together, you and your attorney will come up with a plan of defense to use in the courtroom to prove that you are the parent your children should be with full-time.

A divorce when you have children in common is frustrating and often frightening. Allow our legal team at the office of Allan Brandon Tise PLLC, Attorney at Law to fight for your parental rights during your divorce today.

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What Factors Go Into Lowering Your Child Support Payments? | Allan Brandon Tise PLLC, Attorney at Law

Mon, 14 May 2018 00:00:00 GMT

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You've been paying child support for years, always paying the same amount every month. You want to have your child support payments lowered so you can better meet your own financial obligations, but you don't know if you have a legal right to lower your child support payments.

Certain factors go into whether your child support obligations can be lowered (or not). See if any of the following circumstances fit your situation, and speak to a family lawyer to see if you can have your child support payments lowered.

Drastic Change in Income

A drastic change in income, be it job loss, a job change to a lower-paying career, or even a cutback in your hours, is a reason to consider lowering your child support obligations. The reason being is this: your current monthly payments for the care of your child or children is based on the income you make. Any changes to your income should be reflected in the amount of child support you pay every month.

Your income isn’t the only income that matters in child support payments. If the custodial parent has recently begun working or has had an increase in their own wages, your child support payment amount may be offset as a result. Speak to your attorney to see if you can negotiate a lower payment with the custodial parent, or file a motion to modify child support via your lawyer for the court to determine your new child support payment amount.

New Child Support Orders

Are you currently paying child support to one custodial parent and now facing paying child support to another custodial parent? Multiple child support cases against you can clearly drain your finances.

Depending on your state's guidelines regarding child custody and support, you may be able to not only pay less child support in your new obligation case, but you may be able to lower the monthly payments to the original custodial parent as well. Speak to your lawyer about this possibility rather than simply petitioning for modification on your own, as multiple child support cases can be confusing.

Age of Children

When a child you are paying child support for reaches age 19 or graduates high school (whichever comes first) and you are not behind in your child support payments, you should be able to have that child removed from your payment obligation.

Even though the age of your child is listed as part of the child support and custody order, the child is not automatically removed from your financial obligations (nor are your payments changed) when your child becomes an adult.

You will have to file a motion to modify child support if you have a child who is over the legal age of child support obligations. This is best done by your lawyer, who can negotiate your child support obligations for any remaining children (if applicable) based on your current income and other factors if additional changes are necessary.

Child support is something you will have to pay unless custodial situations change and you become the primary parent for the children. You may have times in which you will need to have child support payments modified to best suit your needs and those of your children.

Your attorney is familiar with the child custody and support laws of your state and will work with you as well as the custodial parent to ensure your monthly child support payments are fair. Speak to our skilled legal team at Allan Brandon Tise, PLLC, Attorney at Law, today to discuss the changes you wish to make in your child support obligations.

When Outside Influences Destroy a Marriage | Allan Brandon Tise PLLC, Attorney at Law

Fri, 20 Apr 2018 00:00:00 GMT

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Disagreements between spouses occur in all marriages, but these challenges often lead to a stronger bond. However, interference from others outside of the marriage frequently causes rifts between spouses that are not as easy to repair.

If someone outside your marriage led you and your spouse to divorce, legal options are available to all spouses in North Carolina. The law allows spouses to file lawsuits for third-party interference that lead to a divorce.

End of Affections

If a person outside your marriage interfered and caused your relationship with your spouse to break down, you can file an alienation of affection lawsuit against that person. To win this case, the filer must prove they had a loving relationship before the third-party became involved and that the actions of the other person led to the loss of love between the couple.

After Extramarital Relationships

Most alienation of affection lawsuits are filed after an affair, but a physical relationship is not necessary for success. The filer only needs to prove intentional disruption on the part of the third-party. The type of the disruption could mean the other spouse spent less time at home, was emotionally unavailable, or withheld intimacy from their partner because of the influence of the other person.

Someone cannot be considered guilty of causing a divorce if they refuse a married coworker’s advances. The spouse is responsible for their decision to ask for a divorce in order to appeal to the object of their affection. Proof of guilt would require repeated flirtatious behavior from the third-party and promises of a relationship once the coworker is single.

Saved emails, texts, or other forms of communication shared between the offending spouse and their love interest are proof of interference. Testimony from witnesses like coworkers, friends, or family members may be needed if documented evidence is unavailable. Proof of a physical relationship like hotel receipts or compromising photographs is usually enough.

When Others Interfere

The third party does not need to be a romantic partner. Anyone with malicious intent that says or does anything to break up a union can be held responsible. Examples of others that can be sued include family members, clergy, or even therapists. It can be any individual that offered counseling or advice with the intent to convince the spouse to leave their partner.

When to Act When to Act

Only seven states in the United States allow alienation of affection lawsuits. North Carolina law requires the conduct to have taken place in the state and the actions cannot have happened more than three years prior to filing the lawsuit. Events that took place after the couple was divorced or in the process of a divorce are not eligible.

It’s also important to note that employers are now protected under this law. Changes made in 2009 no longer allow spouses to hold an employer responsible when coworkers engage in office relationships. Employers previously faced some risk if they failed to intervene when married coworkers were fraternizing with others. Now, only the individual directly responsible for the action is held accountable.

Divorces destroy dreams and cause hardships for children and their parents. The outside party often has nothing change in their lives and can walk away unaffected by the damage they caused. Alienation of affection lawsuits provides a way to hold them accountable.

It is not always easy to prove these types of civil cases. Legal guidance is recommended to prevent a denial. Contact Allan Brandon Tise, PLLC , Attorney at Law to discuss your case and situation. Let us review your case so we can help you to get the justice you deserve.

Tips for Talking to Children About Divorce | Allan Brandon Tise PLLC, Attorney at Law

Wed, 14 Mar 2018 00:00:00 GMT

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Divorce is often a difficult experience for adults and can have a significant impact on children. If you're a parent considering divorce, you'll need to determine how to discuss the situation with your kids. The most important factor is to make your conversation age appropriate and to put your child's best interest at the forefront. Here are some tips every parent can use to start communicating with their children about an impending divorce.

Here are a few ways on how to successfully navigate your way through this otherwise unpredictable conversation.

Make it Age-Appropriate

The conversation you would have with young children differs from how you would choose to break the news to teenagers. Consider what is age-appropriate for your child. Children have different levels of understanding depending on their age.

For example, for children who are young, you may want to utilize a children's education book on divorce. These books typically contain vivid imagery and colorful photos to help children make sense of what is happening. These books paint a very reassuring picture that everything will be okay, even though their life will be different in certain ways, such as living in two homes.

Keep it Simple

Whether your children are six-years-old or 16, it's important to keep the information simple. Children don't yet have the cognitive skills to understand the complexities of divorce. It may help to write out the conversation you intend to have with your children. Then go through what you've written and find ways to simplify your wording.

It's a good idea to focus on common themes, such as:

Both parents will be happier
Both parents will still love them
Both parents will be an important part of their life

Be Honest

Disguising the truth is tempting. However, in the long run, children are often much better able to adjust when they receive honest information about divorce. Parents should aim to honesty when questions are asked.

For example, if there was an extra-marital affair, there is no need to go into the specifics, but it may be appropriate to acknowledge it if your children ask about it, rather than hiding it.

Respect Fears and Worries

Once a child hears their parents are getting a divorce, they have every right to be worried and afraid. In fact, they will likely start their own custom list of worries such as:

Whether or not they will be kept safe
Whether or not the divorce was their fault
Whether or not they can do something to keep the family together
Whether or not they will have to move far away
Whether or not they have to change schools
Whether or not there will be enough money

A good approach is to acknowledge your child's fears and reassure them that everything will be okay.

Make Time

It's important to make time for your child to ask questions and receive answers at their leisure. After talking to your children about the impending divorce, they may come to you at a later time with additional questions. Things may come up, and they may need to have additional conversations and receive additional reassurance.

Parents shouldn't assume that after talking to their children about the divorce, that they won't have to bring it up again. Therefore it's important to carve out time for additional talks. It's also a good idea to check in with your children from time-to-time after speaking with them, to find out if they have additional questions or concerns.

Discussing divorce with children is often difficult and filled with emotions. However, it's necessary for the betterment of everyone involved.

If you're considering divorce, contact our experienced attorneys at Allan Brandon Tise, PLLC .

Are You Eligible for Spousal Support? 5 Things Your Judge Will Consider | Allan Brandon Tise PLLC, Attorney at Law

Thu, 08 Feb 2018 00:00:00 GMT

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Approximately 450,000 people in the United States receive spousal support, most of which are women. Although spousal support may be awarded permanently in special circumstances, it is intended to be a temporary measure to allow you to get back on your feet financially. If you plan to ask for spousal support, you should know that the judge will consider the following.

1. Both of Your Finances

Before you are awarded alimony, the judge will consider the finances of both you and your spouse. To get approved, you must have a financial need and your spouse must be in a position to help you meet that need. If you earn more than your spouse, you will likely not be approved for alimony. However, if you make very little while your ex makes a lot, you are more likely to be approved.

Even in the face of great need, the court will not award alimony if your spouse cannot afford to pay it. If both of your incomes are at the poverty level, your petition will probably not be granted.

2. Length of Your Marriage

In some states, you must be married for at least 10 years to ask for support. While North Carolina does not have a minimum marriage length requirement, the length of your marriage matters, a lot.

The judge is more likely to award alimony in longer marriages than in shorter ones. What's more, the length of your marriage is considered when determining how much alimony you will receive and for how long. Generally speaking, alimony is only awarded for a duration that's equal to half the length of a short marriage.

3. Your Education Level

Your education level and your spouse's are also factors the judge will consider. If your ex has a degree while you have a high school diploma, you may be at a financial disadvantage after your divorce. The judge will recognize the disadvantage and may award alimony to level the playing field in the months and years following your divorce.

If you have special skills or licenses, your judge will consider them. Your education and skill level has a direct impact on your finances and how well you will be able to manage them after your divorce.

4. Your Earning Ability

Similarly, the judge will consider your earning ability. If you have been a stay-at-home parent and have not worked for the past several years, you may have very little earning ability, at least in the beginning. However, if you are employed full-time and earn a decent living, you will be found to have decent earning ability.

The judge may also consider factors that prevent you from earning money, such as a disability or how much time you spend caring for your children. If special circumstances prevent you from earning a living, you should inform your attorney. They may help your case.

5. Your Spouse's Behavior

Your spouse's behavior or even yours during the marriage may come into play. While laws vary greatly from state to state, most judges will consider some behaviors when awarding alimony. For example, if your spouse gambled your savings or negatively impacted your finances, you may be more likely to get alimony.

For the most part, courts don't care about the intimate details of your marriage when awarding alimony. However, if your actions brought about the demise of the marriage, the judge may consider it. For example, if you committed adultery, you may not be able to get alimony, especially if your infidelity is the reason why the marriage is ending.

If you're thinking about divorce, call Allan Brandon Tise , PLLC , Attorney at Law to learn more about alimony and how it can help you recover financially from a divorce.

Tips For Creating A Workable Co-Parenting Plan | Allan Brandon Tise PLLC, Attorney at Law

Fri, 12 Jan 2018 00:00:00 GMT

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A co-parenting plan is necessary after a divorce if children are involved. A workable co-parenting plan creates the blueprints for how you'll navigate parental duties when you and your ex no longer live together. However, you typically create a co-parenting plan in the immediate aftermath of separation or divorce, maybe before you've had a chance to process the changes in your life. Below are tips to help you navigate creating a co-parenting plan that will work long-term.

Approach the Co-Parenting Plan as you Would a Business Plan

In your head, you know that parenting is not the space for airing out the grievances that led you and your spouse to separate in the first place. However, as you're creating the co-parenting plan, you may be governed by a sense of what's fair — or not fair — concerning the circumstances of your divorce. You should think of it this way — you and your ex are now business partners. Your business is to raise your children with your values and with minimal disruption in their lives. Be prepared to make concessions in the plan if that's what's in the best interest of your "business."

Use a Parenting Plan Worksheet

When you consider the tasks involved in raising a child, you may feel daunted trying to create a plan to cover those tasks. The Spruce recommends using worksheets to create the guidelines and expectations for the co-parenting plan. The site includes example worksheets, but you can also ask your lawyer for a co-parenting plan template.

Start with Living Arrangements

Where is your child going to live? That's the first and most important question you must answer. The court may designate one parent to have custody, but the more common form is joint custody, meaning both parents share in the legal responsibilities and care of the children. You'll have a lot of considerations for how to share custody with your ex. The age of the children, geography, and school schedules will be big determinants. Generally, when geography permits, co-parents often split the week with the children. If one parent moves away, though, you'll have to figure out how to split time with the children without disrupting school.

Include Finances

When you divorce, your finances naturally change. Your divorce may include alimony or child support payments, or you may be raising children at least part of the time on a single salary. It's not necessary to discuss finances with your children, but do include a budget in your co-parenting plan for expenses.

Keep in Mind Medical Situations

When you have children, emergencies come up. Hopefully, they're not very serious. However, if your child gets sick at school, which parent has to leave work? Not only that, you'll want to designate which parent stays home with the sick child. Along those lines, you'll want to decide who provides insurance for the children.

Add a Contingency Plan

In that vein, circumstances can change. You can't plan for every contingency because that can include anything from relocating for a job to getting remarried. Instead of trying to cover the details, make an overarching plan for renegotiating in the face of big changes.

Don't Forget the Holidays and Other Special Occasions

Nothing can derail your business-like approach faster than the emotionally-charged situation of the holidays. However, when considering holiday plans and other celebrations, you'll need to keep a cool head. When planning for the holidays or other special occasions, you might choose to split the day in half or to alternate holidays. A common co-parenting approach is duel celebration. Essentially, the children get to celebrate each holiday or special occasion in full twice — once with each parent. Divorce is a big change for you. However, you can help minimize how much of a change your divorce is for your children by developing a workable co-parenting plan. Seek advice from the family law experts at Allan Brandon Tise PLLC , Attorney at Law for help with your plan.

Enforcement of an Out-of State or Foreign Divorce | Allan Brandon Tise PLLC, Attorney at Law

Wed, 13 Dec 2017 00:00:00 GMT

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Generally, when you decide to file for divorce, you must file in the state where you reside at the time. However, states vary in their residency requirements before you can file for divorce.

When you move to another state after you are divorced, or file for divorce in another state or abroad, problems can arise later if you don't have a clear understanding of the divorce process. Unless the state where you live now recognizes the divorce, the courts in that state may not enforce a child custody order or divorce settlement agreement.

Moving Out of State Following Divorce

Although most states recognize court orders — including final divorce decrees — that other states issue, all states require that once you file for divorce, you must properly serve your spouse with a copy of the summons and divorce petition. Failure to officially notify your spouse of your intent to divorce by serving him or her with copies of the documents you filed in court can lead to trouble.

Another state may not recognize the divorce if you fail to let your spouse know that you initiated legal divorce proceedings against him or her. To do so, you must serve the divorce petition in person, via a sheriff or process server, by certified mail, or by publishing the summons in a newspaper in an area where you think your spouse works or lives.

If you don't inform your spouse that you are suing him or her for divorce, the jurisdiction where you presently reside may not enforce the terms of your divorce decree or modify child support should your circumstances change. You may have to return to the state that granted your divorce to request changes to your divorce agreement.

Getting a Divorce in Another State

If you move out of state when you separate from your spouse and then later decide to divorce, you must establish residency in your new state before you can file for divorce. An attorney can answer your questions about residency and the divorce laws in the jurisdiction where you currently reside if the reason for dissolution of the marriage occurred in another state.

States and the jurisdictions within them also vary in the methods you may use to serve a divorce petition on your spouse who lives in another state.

Usually, it doesn't matter whether you file for divorce in your state of residence or your spouse files in the state where he or she lives. However, states have different laws regarding child custody, child support, alimony, and the division of property. Therefore, it's important to have some knowledge of the divorce laws in the states where each of you reside.

Getting a Divorce in a Foreign Country

When you get a divorce in a foreign country, states have discretion in the matter, and not all states in the U.S. will recognize a foreign divorce decree. State laws regarding international divorces vary; therefore, you need to make certain beforehand that the state where you live will consider the divorce valid.

Many states that recognize international divorces require that you or your spouse reside in that country. Some states require that the spouse filing for divorce in a foreign country live there for a specific length of time for the divorce to be valid in the U.S. The spouse who lives in the U.S. must also receive notice that the other spouse has started divorce proceedings in a foreign country.

States that consider a foreign divorce decree valid often require that both you and your spouse consent to the divorce. Usually, the two of you must sign a divorce settlement agreement that includes stipulations relating to the division of marital property, spousal support, and child custody and support.

If the divorce is consensual, some states do not require that either spouse live in the foreign country where he or she files for divorce. However, the country that grants the final divorce decree may have its own residency requirements for divorce.

You can direct questions relating to these and other divorce issues to Allan Brandon Tise , PLLC , Attorney at Law .

Financial Considerations When Negotiating Post-Divorce Income and the Division of Assets | Allan Brandon Tise PLLC, Attorney at Law

Tue, 14 Nov 2017 00:00:00 GMT

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Needs change over the years, which is one good reason to consider your future when negotiating an equitable divorce settlement. Children approach college age, the cost of living rises and retirement grows closer. Therefore, unless you want to find yourself in serious financial trouble later on down the road, it's important to consider how the financial decisions you make during your divorce may affect you later.

Division of Assets

When it comes to dividing assets, couples often fail to consider all the ramifications involving the division of liquid and non-liquid assets when negotiating a divorce settlement. For instance, getting the house - regardless of how much it's worth - doesn't put you in a better financial position if you can't afford the upkeep or won't have adequate income during your retirement years.

Both parties in a divorce need to walk away with a share of liquid assets such as bank accounts, money market accounts, stocks, bonds and pension plans or retirement accounts that are considered marital property.

Other assets you own, including real estate, vehicles and collectibles, are examples of non-liquid assets that can't be converted to cash as readily. Their value may either appreciate or depreciate in time.

Retirement Accounts

If your divorce settlement includes a retirement account divided by a qualified domestic relations order (QDRO), you won't have to pay taxes on the distribution from your ex-spouse's retirement plan until you start withdrawing funds. However, you must transfer the money directly into your own IRA account or another qualified retirement plan.

If you keep some of the money to give yourself a better financial start in your new life and then transfer the balance to an IRA in your name, you must pay taxes on the money you keep. Unless you have the eligible rollover distribution you receive from your ex-spouse's plan deposited directly into a qualified retirement account you own, you will owe the IRS a 20 percent mandatory withholding tax on the amount.

Should you transfer the full distribution you receive to your own account, but then withdraw money early or before age 59 and a half, it's considered an early distribution on which you are required to pay a 10 percent penalty tax. Another factor to keep in mind is that the 10 percent penalty doesn't qualify as an above-the-line deduction on your federal income tax return.

Alimony and Child Support

If you negotiate alimony, keep in mind that while the person paying the alimony can get a tax deduction, the party at the receiving end must include the payments as income on his or her tax returns. On the other hand, child support is not tax-deductible, nor does the custodial parent need to claim the payments as taxable income.

Another consideration is who gets to claim the dependent exemptions for children. Generally, the custodial parent claims the exemptions, but you and your ex-spouse can decide to let the other parent claim the exemptions.

In some cases, the divorce decree specifies which parent can take the exemptions. Some parents rotate years so that each has opportunities to benefit from reduced taxable income. However, the parent who claims the exemptions each year must file Form 8332 with his or her tax return.

Life Insurance

If settlement negotiations include your ex-spouse taking out a life insurance policy to insure the alimony payments, make sure you are named the irrevocable beneficiary of the policy. Otherwise, the policy can be canceled if your ex-spouse stops making the payments. However, as the irrevocable beneficiary, the insurance company is obligated to notify you if the premiums are not paid.

If you are counting on child support to help meet the financial needs of raising your children, it's important to include a life insurance provision in the divorce settlement. The purpose of life insurance is to make certain that your ex-spouse's financial obligations to your minor children are met should he or she die before they are grown.

If you have any questions about the division of marital assets, the team of Allan Brandon Tise PLLC, Attorney at Law can help you get a fair settlement.

Domestic Violence and Divorce: A Guide to Protecting Your Safety and Property | Allan Brandon Tise PLLC, Attorney at Law

Fri, 13 Oct 2017 00:00:00 GMT

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In North Carolina, the courts take domestic violence seriously, and any documented incidents can affect your divorce proceedings. As a survivor of domestic violence, it is common to feel afraid or confused about how to proceed with getting a divorce. While divorce is never easy, your spouse's behavior has made the process more difficult. You may even feel frozen between the urge to pack up your kids and run and the feeling that you need to stay to safeguard your wellbeing and property. Fortunately, it is possible to get through this difficult time by reaching out for help from people that you trust such as your friends, family and a lawyer experienced in helping families affected by domestic violence.

Prioritize Your Family's Safety

Domestic violence can range from a single incident of being hit by your spouse to an ongoing pattern of physical abuse and verbal harassment that causes you to fear for your life. If you believe that your spouse may cause life-threatening harm to you or your children, then seek professional advice from a domestic violence counselor or attorney in your area regarding the next steps to take. During a divorce, it is true that complicated decisions must be made regarding the division of property and child custody. However, these things can all be determined later after you have developed a support network that has the resources to guide you safely through filing for divorce.

Seek Legal Advice Before Leaving Your Home

Depending on your circumstances, it may be safer to continue staying in your residence. However, you should know that an attorney may have options for helping you make the living arrangement more comfortable. For instance, it may be possible to work with an attorney to get a court order that requires your spouse to leave the residence before your divorce is complete. Keep in mind that court rulings are affected by many variables, so seek professional advice regarding your potential outcome.

Understand Your Divorce Options

There are several strategies that can be used to file for a divorce in North Carolina, and it is important to choose the one that best fits your case. For couples that agree about the need for divorce, an absolute divorce is one option that allows you to separate without claiming fault. Unfortunately, it is common with domestic violence cases for one spouse to refuse to go along with the divorce. When this happens, you may need to file for a divorce from bed and board. This is a fault-based divorce that allows things such as property rights to be resolved more efficiently when time is of the essence. Annulment is another option for divorce in North Carolina. With an annulment, it is like your marriage never happened. Typically, annulments are only granted when you have been married for a short period of time and meet certain requirements such as finding out that your spouse is still married to someone else.

Document Incidents of Domestic Violence

It is important to have proof that domestic violence has occurred in your marriage. Save copies of all police reports, medical records and photographs of your injuries. These may be used by an attorney to support your requests for things such as sole custody when your divorce goes to court.

Utilize a Third Party for Negotiations

In a typical divorce, it is often encouraged for spouses to work out agreements regarding important issues involving alimony and child support. However, this is not always the best route to take if your spouse has threatened your life or engages in harassing behavior. An attorney can stand in your place during divorce negotiations with an abusive spouse. If you have a protective order in place, then this is an ideal way to continue protecting personal information such as your address that your spouse could use to continue the violent behavior. Allan Brandon Tise PLLC, Attorney at Law, is experienced with handling divorces that stem from domestic violence. Contact his office today for a discreet consultation that helps you initiate the process of protecting your safety.

4 Things to Do for Yourself Before Filing for Divorce | Allan Brandon Tise PLLC, Attorney at Law

Tue, 19 Sep 2017 00:00:00 GMT

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Filing for divorce is an important action that will change the course of your life from that moment on. However, it can be a positive choice if you realize that there is no future for your marriage. Before you officially file for divorce, though, you should consider doing some things to prepare. That way, you can move forward while protecting your own best interests.

1. Get Full Access to All Your Financial Information

Married couples oftentimes don't deal with finances together. One spouse may be mostly in charge of financial matters, and the other spouse might prefer not to think about money. No matter what your personal financial situation is, you need to get all the details on it before you file for divorce. You should also gather important documentation on your finances.

Getting a divorce will have a big impact on your finances well into the future. Therefore, you might also want to consider seeing a financial adviser before you decide to file for divorce. Request copies of your credit report, go over all your insurance records, look at all savings and retirement accounts in depth, and make sure you have all the information you need to protect your financial future.

2. Protect Your Emotional Health

Going together to relationship counseling is a good idea for any couple whose marriage is in trouble. However, the need for therapy doesn't end once you realize that there is no hope for the marriage. It can be then that you most need to see a counselor. Consider going to therapy to help you deal with the difficult emotions and pain that a divorce typically brings into one's life.

When you prioritize your own emotional well-being, you can be stronger for those in your life, like your children, who are also dealing with the divorce. Working with a therapist can also help you be more effective at the things you want to do in life. It can also help you understand the role you may have played in the marriage issues you had so that you can avoid repeating those mistakes when building future relationships.

3. Work on Personal Development

You will inevitably face a great deal of changes throughout the divorce. For example, how you live, who you live with, and even where you live may all change during the divorce. Start working on personal development prior to getting a divorce so that you empower yourself to deal with these changes in a healthy way.

You may take community classes in your field if you are going to rejoin the work force as part of your divorce. If you're going to need to take on high-pressure job responsibilities while facing the pressures of a divorce, you may want to read personal development books on leadership and strength. Do what it takes to build yourself up during an inevitably stressful time.

4. Consult a Divorce Attorney

Going for an initial consultation with a divorce lawyer is something everyone should do prior to filing for divorce. In fact, it's a good idea to see an attorney if you are just considering a divorce. You can ask questions you have about the divorce, and the knowledge you gain can help quiet your fears about getting divorced.

Finally, keep in mind that you have the power to shelter yourself from some of the pain that comes along with a divorce. When you are proactive about taking care of your own needs, you don't have to be blindsided by a lot of the most difficult parts of divorcing your spouse. If you need to end your marriage in the Wilmington, North Carolina area, Allan Brandon Tise , PLLC , Attorney at Law can help you with all aspects of the divorce.

Request for Voluntary Termination of Parental Rights | Allan Brandon Tise PLLC, Attorney at Law

Wed, 28 Jun 2017 00:00:00 GMT

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Since a court wants to know why a parent is requesting termination, it is important to understand the state's statutes and requirements for voluntarily terminating parental rights. While state laws and procedures for voluntary termination of parental rights vary, every state requires court approval. Since a court wants to know why a parent is requesting termination, it's important to understand the state's statutes and requirements for voluntarily terminating parental rights.

The Termination Process

The legal forms a parent needs to file may differ, but generally a parent must consent in writing and then file a petition for termination of parental rights with a juvenile, local or state court. Most states require the consent of both the custodial parent and the non-custodial parent who is requesting voluntary termination of parental rights. Usually, the court needs to find good cause before terminating a parent's rights. Agreement of both parents is not always enough. Regardless of either parent's wishes, the court will decide if termination of parental rights is in the best interests of the child.

Good Cause

Good cause means that a parent must have a legally sufficient reason for voluntarily giving up his or her parental rights to a child. An example of good cause is when someone is willing to adopt the child and take on the legal responsibility for the child's financial, emotional and physical support. Most times, when a parent voluntarily terminates parental rights, he or she intends to give up the child for adoption—often to a stepparent. If a parent experiences mental or physical illness or disability and the health issue is likely to continue until the child reaches a mature age, that parent also has good cause to terminate parental rights. The illness or disability must prevent the parent from caring for the child's physical and emotional needs. However, if the court determines that a parent wants to voluntarily give up his or her parental rights to terminate legitimate child support payments or other financial obligations to the child, it may not grant the petition. Courts are often reluctant to terminate a parent's legal responsibility to contribute to the financial support of the child.

What Termination Means

Once the court terminates a parent's parental rights, he or she is no longer allowed to make major decisions for the child that impact the minor's life. These include decisions relating to:

The child's physical and mental health
Where the child will live and attend school
In what religious faith the child is raised

In most cases, a parent who signs away his or her parental rights may not see or speak to the child again until after the child becomes an adult.

Consent to the Termination of Parental Rights

When the court grants the petition and issues an order to end parental rights, the consent is generally permanent and cannot be revoked. However, the court can set aside voluntary consent to terminate parental rights if consent was obtained by fraud, coercion, duress or when a parent was deemed incompetent. The court may also set aside an order for voluntary termination if state laws protecting the legal rights of a birth parent are not followed during an adoption proceeding.

Termination of Parental Rights and Responsibilities

In cases where a parent is released of his or her parental rights, all the parent's duties and obligations, including financial support, are terminated and the parent loses all rights to custody, control and visitation of the child. By signing the required forms, the parent is transferring legal custody of the child to the state or other governmental or independent child placement agency. Once the court terminates the parent-child relationship, the consent of the parent is no longer required for the child's adoption. If you have questions about voluntary termination of a parent's legal rights, Allan Brandon Tise, Attorney at Law, is ready to offer advice on the procedure for drafting a petition to file in the court.