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School’s Out for Summer: Tips for Summer Co-Parenting

5/25/2023

It’s May and there are 107 different children’s activities, graduations, spirit days, field days, and end-of-grade testing before you and your kids finally reach the glorious freedom of summer! Except now that the kids are out of school, you and your co-parent’s parenting time schedules will adjust to the “summer schedule” and you’ll need to make some modifications to continue successfully co-parenting over the summer.

Summer Parenting Time Arrangements
Physical custody of children is typically divided into two separate categories in a custody agreement or order: (1) “Regular Parenting Time” and (2) “Holiday Parenting Time.” Summer vacation falls into the Holiday Parenting Time category which typically supersedes the Regular Parenting Time schedule. You and your co-parent will look to the custody agreement’s summer parenting time terms to determine what the parenting time schedule will be for the 9-12 weeks of summer until your kids go back to school in the fall.
Summer parenting time schedules vary depending upon your specific family situation. Some summer parenting time schedules we frequently see are as follows:

Week-on/week-off summer parenting time,
1-week summer vacation time for each parent (and following the Regular Parenting time schedule except for that anomaly),
Anything from 2 to 5-week consecutive or non-consecutive summer vacation time blocks for each parent (and following the Regular Parenting time schedule except for that anomaly), and
Switching primary physical custody of a child from the primary parent during the school year to the primary parent during the summer (this can be the case if one parent lives out-of-state or far away).

If parents are already following a week-on/week-off parenting time schedule during the school year, they often choose to leave this schedule in place for summer.

Choice of Summer Vacation Weeks, if applicable
For summer vacation and summer camp planning, most custody agreements have a designated date by which each parent must notify the other of the summer vacation weeks he or she has chosen (typically February 1 or March 1). Check your custody agreement to make sure you have informed your co-parent of your chosen vacation weeks by the designated date. Co-parents typically agree that they will not choose weeks for vacation during which the children have prearranged camps or other special activities that the parents have already agreed upon and arranged. If there is a disagreement between co-parents regarding choice of weeks for summer vacation, usually custody agreements will indicate that one parent’s choice will prevail in odd-numbered years and the other parent’s choice will prevail in even-numbered years.

Communication about Summer Vacation
Nearly every custody agreement requires that parents communicate travel itineraries (like flight information), emergency location information, and phone numbers prior to traveling out of town with the children. Make sure to keep your co-parent up to date with that information. If the shoe was on the other foot (and it will be!), you would want to know where the kids were staying and their general itinerary, as well. Treat your co-parent with kindness and courtesy by providing the kids’ travel information without being asked.

The most important part of scheduling summer parenting time, vacations, and summer camps with your co-parent is to keep the lines of communication open. There will inevitably be unexpected minor adjustments in transporting the children, summer camp drop-off and pick-up times, and the parenting time schedule due to the difference in structure of summertime childcare and potential travel delays that could occur. Remember to keep your focus on what’s best for the kids and how you and your co-parent can work together to cover your kids’ needs over the summer. Make sure to schedule in fun time, too!

If all of this sounds confusing and you aren’t sure how to interpret the custody agreement you already have, or you need a custody agreement put in place that defines summer parenting time, please reach out to our office to schedule a consultation.

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South Carolina Alimony 101

5/18/2023

Alimony is financial support provided to a “dependent” spouse (lower or non-income earner) from a “supporting spouse” (primary or sole income earner) after the date of separation or date of divorce. In South Carolina, alimony can be ordered by the court or can be agreed upon between spouses in a separation agreement. It is not guaranteed that you will be granted alimony (or forced to pay alimony) in every South Carolina divorce. You may have a claim to alimony or spousal support if you were a stay-at-home spouse or lower income earner than your spouse, your spouse has the ability to pay alimony to you, and you cannot maintain the same standard of living or cover your household bills on your sole income. There are several types of alimony in South Carolina, which can be tailored to your specific situation.

Types of Alimony

Permanent periodic alimony: Financial support paid in installment payments (usually monthly), can be permanent. Periodic alimony is the most common type of alimony that people think of when they think of alimony payments. This type of alimony can be terminated upon (a) remarriage of the supported spouse, (b) continuous cohabitation of the supported spouse, (c) death of either spouse, or (d) modification by a court.
Lump sum alimony: Fixed sum payment of financial support, paid in one installment or over time. This type of alimony cannot be modified or terminated in the future and will only be terminated upon the death of the supported spouse.
Rehabilitative alimony: A fixed sum to be paid in one installment or periodically, meant to “rehabilitate” a supported spouse in acquiring higher income earning power, training, or education to become financially independent. Rehabilitative alimony will only be awarded if it is likely a supported spouse could become self-supporting within a relatively short period of time. This type of alimony can be modified or terminated if (a) the supported spouse remarries, (b) the supported spouse continuously cohabitates with someone, (c) the death of either spouse, (d) the parties have an identified date to end the payments, or (e) there are unforeseen events that frustrate the good faith efforts of the supported spouse to become self-sufficient or the supporting spouse’s ability to pay.
Reimbursement alimony: A fixed sum paid in one installment or periodically to a spouse to recoup the funding that spouse provided to further the other spouse’s education or career. For example, if one spouse funded the college education of another spouse, the spouse who paid for the college education could be reimbursed for that contribution. Reimbursement alimony is often paid if the spouse who was funded in his or her education or business establishment has not yet realized the full potential of their earning power that should result from the education acquired or business established. This type of alimony can be terminated upon (a) remarriage of the supported spouse, (b) cohabitation of the supported spouse, or (c) if either spouse dies, but cannot be modified later based on a change in circumstances.
Separate maintenance and support: Financial support payments providing for the needs of the supported spouse while the parties are separated, but no divorce is pending or sought at the time. If you are separated from your spouse and awaiting the one-year no-fault divorce requirement, you can be granted separate maintenance and support to assist in meeting your financial needs before you are eligible to file for divorce in South Carolina.

Duration of Alimony
There is no mathematical formula in South Carolina to determine the duration of alimony. Alimony can be permanent, last a lifetime, a one-time payment, or paid for a relatively short period of time, depending upon your unique situation.

Amount of Alimony
There is no mathematical formula or formal guidelines in South Carolina to determine the amount of alimony. The amount is determined by considering the factors listed below and each person’s individual circumstances.

Manner of Payment of Alimony
South Carolina courts can require alimony payments to be made directly to the supported spouse or may require the payments be made through Family Court or through wage withholding.

Factors that Affect Alimony
While there are no guidelines for the amount or duration of alimony in South Carolina, the court must consider the following factors in determining the amount and duration of an alimony award.

The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties.
The physical and emotional condition of each spouse.
The educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential.
The employment history and earning potential of each spouse.
The standard of living established during the marriage.
The current and reasonably anticipated earnings of both spouses.
The current and reasonably anticipated expenses and needs of both spouses.
The marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action.
Custody of the children, particularly where conditions or circumstances render it appropriate that the custodian is not required to seek employment outside the home, or where the employment must be of limited nature.
Marital misconduct or fault of either or both parties, whether or not used as a basis for divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage.
The tax consequences to each party as a result of the particular form of support awarded.
The existence and extent of any support obligation from a prior marriage or for any other reason of either party.
Such other factors the court considered relevant (S.C. Code Ann. § 20-3-130(C)(1)-(13)).

Cheating Affects Alimony
In South Carolina, adultery is defined as engaging in a sexual relationship with someone who is not your spouse before you sign a final settlement agreement or before the date of your divorce. If you commit adultery as a dependent spouse, you are barred from receiving alimony in South Carolina.

If you are separating in South Carolina and are not sure if you would be entitled to alimony, or required to pay alimony, please contact us to set up your consultation. Lindsey is licensed in South Carolina to assist clients with all of their family law needs, including alimony.

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North Carolina Alimony 101

5/11/2023

When people think of “alimony,” they usually think of an antiquated stereotype wherein a husband pays his wife and/or the stay-at-home mother of his children monthly alimony payments indefinitely after divorce. In the modern iteration, alimony can financially assist any gender spouse who was not the primary income-earner during marriage if that spouse is unable to meet his or her reasonable financial needs without the other spouse’s income or if that spouse is unable to maintain the same standard of living to which he or she became accustomed during the marriage. Alimony requires a needs-based assessment in North Carolina– you are only entitled to alimony if you need it (the dependent spouse), and your spouse has the ability to pay (the supporting spouse).

Alimony is not mandatory or automatic in North Carolina. Even if you are entitled to alimony, you might not want to take money from your spouse but would rather make your own way financially. If you are the primary income-earner, you might truly desire to pay alimony to help your lower income-earning spouse get on his or her feet financially post-divorce. You might need alimony payments to act as a bridge until you are able to get a job, earn an income again after being a stay-at-home parent, or for maintaining the same standard of living you were accustomed to during marriage. Alimony duration, amount, manner of payment, or whether it is paid at all, depends on each person’s individual situation.

Types of Spousal Support
There are two types of spousal support in North Carolina.

Postseparation support is financial support provided by the supporting spouse to the dependent spouse between the date of separation and the date of divorce.
Alimony is financial support provided by the supporting spouse to the dependent spouse after the date of separation by lump sum or on a continuing basis.

Duration of Alimony
In North Carolina, there is no formula to determine the duration of alimony. The Alimony statute states that the court “shall exercise its discretion in determining the amount, duration, and manner of payment of alimony,” (N.C.G.S. § 50-16.3A). For long-term marriages in North Carolina, we commonly see clients agreeing to (or judges ordering) monthly alimony payments for approximately half of the duration of the marriage in years. This is not a hard and fast rule or requirement, but is something that commonly occurs. For example, if you were married for twenty years, monthly alimony payments might be continuing for ten years after the date of divorce. For marriages that are not as long-term, the alimony duration would likely be shorter.

Amount of Alimony
In North Carolina, there is no formula to determine the amount of alimony either, as it is at the discretion of the court (if you are in front of a judge) or incumbent upon the spouses to agree to the amount based upon the reasonable needs of the dependent spouse and the supporting spouse’s ability to pay. When considering the alimony amount, it is important to analyze each spouse’s income and budget. The monthly alimony payment amount should never exceed the funds the primary income-earning spouse has left over after he or she pays their own reasonable and necessary bills at the end of each month.

Manner of Payment of Alimony
Alimony payments can be paid by lump sum payment, periodic payments (usually monthly installments), income withholding, by transfer of title or possession of personal property, or by security interest in or possession of real property (N.C.G.S. § 50-16.7).

Factors that Affect Alimony
The North Carolina alimony statute defines sixteen factors to be considered when determining the amount, duration, and manner of payment of alimony. The factors are listed as follows.

The marital misconduct of either of the spouses.
The relative earnings and earning capacities of the spouses.
The ages and the physical, mental, and emotional conditions of the spouses.
The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others.
The duration of the marriage.
The contribution by one spouse to the education, training, or increased earning power of the other spouse.
The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child.
The standard of living of the spouses established during the marriage.
The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs.
The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support.
The property brought to the marriage by either spouse.
The contribution of a spouse as homemaker.
The relative needs of the spouses.
The federal, State, and local tax ramifications of the alimony award.
Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.

Cheating (or Marital Misconduct) Affects Alimony
If you are the dependent spouse seeking alimony, but the supporting spouse has evidence you had an affair, you are barred from receiving alimony. On the other hand, if you are the supporting spouse, you committed adultery, and your spouse has evidence of the affair, you will likely be required to pay alimony.

Alimony is a complex and nuanced issue. If you need direction regarding whether you are entitled to alimony or you think you might be required to pay alimony, please reach out to our office to schedule a consultation.

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The Legal Documents You Need When Your Child Turns 18

5/4/2023

The day your child turns eighteen they become an “adult” by legal standards, even if they are still in high school and living in your home. When your child turns eighteen, your parental legal decision-making capabilities fundamentally change. Without your child’s approval and consent, you can no longer call his or her doctor and talk about medications and treatment plans or call the bank and ask about funds that you deposited into his or her checking account. While you are preparing your child to leave the nest and go to college with dorm lists, book lists, and class syllabi, you should also be prepared with the legal documents necessary for you to continue to assist your adult child in making sound decisions medically, financially, and educationally. The four most important documents needed are listed below.

Healthcare Power of Attorney: When a child turns eighteen, parents no longer have the authority to make medical decisions for that adult child. If your adult child is injured or sick and is unable to make their own medical decisions, a health care power of attorney appoints a designated agent (a parent or family member) to make medical decisions on their behalf. An attorney can draft a healthcare power of attorney for your adult child to sign and designate an agent. It is wise to identify a back-up designated agent (a second parent or close other family member), in case the first parent is unavailable at the time an emergency medical decision needs to be made on your adult child’s behalf.
Durable Power of Attorney: If your child is going to college across the country or only a few hours away, it may be necessary for you to have the authority to make financial decisions on your adult child’s behalf. A power of attorney appoints a designated agent (presumably a parent) that allows the agent to sign off on tax returns, access bank accounts, and otherwise make financial decisions on the student’s behalf. A power of attorney can vest that decision making power upon the parent immediate after signing the document or only if your child becomes incapacitated, depending upon how it is drafted. As with the healthcare power of attorney, your adult child should designate an alternate agent in case the primary agent designated is unavailable.
HIPAA (Health Insurance Portability and Accountability Act) Authorization: What if your adult child was in an accident and in the hospital while you were hours away? If your adult child did not sign a HIPAA Authorization giving the hospital authority to share medical information with a parent or family member, the hospital would not be permitted to share your adult child’s healthcare status or information with you. A HIPAA Authorization permits healthcare providers to disclose your adult child’s healthcare information and records to you or anyone else they specify. Sometimes HIPAA authorizations are specific to healthcare providers, but an attorney can also prepare a general HIPAA authorization that your adult child can sign.
FERPA (Family Educational Rights and Privacy Act) Waiver: Once your child turns eighteen, Federal Law in the form of the Family Educational Rights and Privacy Act (“FERPA”) mandates privacy for your child’s educational records. Without your child’s consent, you no longer have access to your child’s educational records, including grades, even if you are paying their college tuition directly. Typically, the registrar’s office at your child’s college or university will have FERPA waivers available for your student to sign and give parents access to their educational records. Make sure that your college student has completed a FERPA Waiver so you if you need access to his or her grades or transcripts, you can do so without delay.

While going to college is a huge transition for the adult child and the parents, taking care of the formal legal documentation can the bring the peace of mind of knowing that as a parent you can care for your adult child even in a worst-case scenario. If you need any of these documents prepared for you or your adult child, please reach out to our office to schedule a consultation.

Divorce Differently

School’s Out for Summer: Tips for Summer Co-Parenting

South Carolina Alimony 101

North Carolina Alimony 101

The Legal Documents You Need When Your Child Turns 18

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