Do I have to engage in visitation custody exchange during COVID-19 in North Carolina

            A common question we have been receiving is does a parent have to continue to exchange their minor child(ren) pursuant to a current custody order in light of the coronavirus situation in North Carolina.  The short answer is yes, you do still need to engage in the exchange of a custody/visitation order.

            The NC Governor recently implemented an executive order number 121 that limits travel of NC residents generally requiring them to stay in their homes.  Only travel for essential activities as defined by the order is allowed.  Paragraph 3(viii) of the order states as follows regarding essential activities:  “To return to or travel between one’s place or places of residence for purposes including, but not limited to, child custody or visitation arrangements.”  Therefore, the executive order does allow for travel for the purpose of engaging in custody and/or visitation arrangements. 

            However, it may be possible now or in the future that an adjoining state may issue an executive order that may contradict and/or prohibit exchange of children as not viewing the situation as essential for the purpose of leaving a home.  Another issue may arise if one parent is knowingly not practicing social distancing so as to protect themselves, and thus minor children.  If you have questions about your specific situation, please feel free to give us a call at 336.633.4529 or via email at office@hayesattorneync.com. 

Courthouse Changes Due to COVID-19 in Randolph County, NC

            On Thursday, March 26^th, 2020, the Randolph County Clerk of Court implemented new hours during which the clerk’s office will be open to the public.  Those hours are Monday thru Friday from 9am until 11am.  The duration of these office hours are not known, but are expected to be temporary.

            The Randolph County Courthouse continues to hear cases relating to domestic violence (50B’s, 50C’s), necessary jail/criminal cases, emergency custody cases, and emergency other related cases.  If you have questions about your specific case, please feel free to contact us at 336.633.4529 or via email at office@hayesattorneync.com. 

What We Have Done in Response to COVID-19

            Due to the COVID-19 Virus, and specifically the North Carolina Governor’s Executive Order No. 121 that takes effect Monday March 30^th, 2020 at 5pm, we have chosen to continue to provide professional legal services to our community and represent our clients.  However, our office will implement some temporary changes.

            Pursuant to subsection 25 of the executive order, professional services such as legal services are considered exempt from the lockdown order, and thus we are free to operate.  We will conduct telephone and video conferencing at all possible times for the protection of our clients that we serve, and to ensure that we can continue to provide these services to the public.  We will maintain in office hours at the following times:  Mondays 8am-12pm, Tuesday 8am-12pm, and Friday 8am-12pm.  You will be able to access our office as necessary during these times.  We will be working from our home office(s) during the remainder of our regular office hours. 

            You will be able to reach us through telephone and video communication at any time during regular office hours Monday thru Friday 8am until 5pm, as we have the capability and flexibility to operate our regular business operations from home. 

            As necessary, we may alter these hours as the need requires, but in no event will we reduce our in office hour times.  If you have any questions, please don’t hesitate to contact us at 336.633.4529 or via email at office@hayesattorneync.com.

How is Child Support Calculated?

            Child Support in North Carolina is generally calculated by using the North Carolina Child Support Presumptive Guidelines.  The guidelines use factors such as gross income, other dependents, health insurance, work related daycare, and extraordinary needs of the minor child(ren) in the calculation.  There are presently three child support worksheets that are used in calculating child support.  Worksheet A is used in a scenario where one parent has primary physical custody of a minor child(ren).  Worksheet B is used in a shared custody situation.  Worksheet C is utilized in a split custody circumstance.

            Although the guidelines provide a worksheet for calculation, the nuances of the factors and additional rules can make a difference in the amount of support.  Additionally, circumstances exists when an individual can seek to establish child support that varies from the presumptive guidelines. 

            If you need assistance with navigating issues concerning child support, we are here to help.  We can be reached at 336.633.4529. 

      Please do not consider the above statements as legal advice for your specific situation.  Always seek the advice of an Attorney to address your specific situation. 

What is this ‘Trust’ business about?

            Trusts have been gaining popularity for years as a way of managing assets, both during a person’s life and after death.  You can think of a trust as its’ own entity that separates beneficial and legal ownership.  A trust has three separate players, some of who can be the same.  To establish a trust, you will need a settlor, trustee, and beneficiary.

            The settlor of the trust can be thought of as the donor, or the individual that donates the corpus (property) to the entity trust.  The trustee is the individual or entity that manages and/or facilitates the direction of the trust, usually for the beneficiary.  The beneficiary is the individual and/or entity that receives the benefit of the corpus (property) of the trust. 

            There can be many advantages of creating a trust, such as the following:  control over your property, tax savings, managing and/or caring for children, privacy, and probate avoidance.  There are many more advantages of using a trust, and they can be used in a myriad of circumstances.   

            None of us know what the future holds, but if you are ready to prepare for yours, consider contacting us to discuss the options that will be best for you.  We can be reached at 336.633.4529. 

            Please do not consider the above statements as legal advice for your specific situation.  Always seek the advice of an Attorney to address your specific situation.