General FAQ

In North Carolina, both parties have a legal obligation to fully disclose their assets and debts during a divorce. This duty is a foundational aspect of the equitable distribution process. When a spouse attempts to hide, transfer, or undervalue marital property to avoid sharing it, the court may consider it an act of economic misconduct. This behavior can have serious consequences on the outcome of the case.

Asset concealment can take many forms—transferring funds to friends or family members, creating fake debts, undervaluing business interests, or failing to disclose accounts or income streams. North Carolina law provides courts with broad authority to address this kind of conduct. Judges may award a larger share of the known marital estate to the honest spouse or may assign the hidden asset entirely to the spouse who attempted to conceal it. In some situations, the court may reopen a property settlement if fraud is discovered after a divorce is finalized.

Proving concealment can be difficult without documentation or professional assistance. Financial records, tax returns, bank statements, and business documents may all come into play. In more complex cases, a forensic accountant may be necessary to trace missing assets or analyze financial inconsistencies.

If you believe that your spouse is hiding assets or manipulating financial information during a divorce proceeding in Lincoln County, it’s a good idea to speak with an attorney familiar with uncovering financial misconduct in equitable distribution cases. Contact Meredith Shuford at Teddy, Meekins & Talbert PLLC in Lincolnton to determine her availability for representation and to schedule a confidential consultation.

In North Carolina, the court considers both assets and debts during equitable distribution. Marital debt is generally defined as debt incurred for the joint benefit of the marriage, even if it is held in only one spouse’s name. This includes mortgages, vehicle loans, joint credit cards, and other liabilities taken on during the marriage. If a debt was incurred before the marriage or after separation, it could be classified as separate.

The court does not simply split debt down the middle. Instead, it examines who benefited from the debt and who is in the better position to repay it. For example, if one spouse used a credit card primarily for their personal expenses or business obligations unrelated to the marriage, the court may assign responsibility for that debt accordingly. Similarly, if one spouse has significantly more income or earning capacity, the court may consider this when assigning financial obligations.

Sometimes, debt is offset against assets. For instance, if one spouse is awarded the marital home with an attached mortgage, they may also assume responsibility for that debt. Each case is fact-specific, and courts have discretion in balancing property and debt.

If you’re facing complex financial decisions that come with divorce—especially where debt is involved—contact Meredith Shuford at Teddy, Meekins & Talbert in Lincoln County to determine whether she is available to provide legal representation and to schedule a confidential consultation.

Proper classification of property is foundational to the equitable distribution process. In North Carolina, marital property can include assets and debts acquired by either spouse during the marriage and before the date of separation. This includes real estate, retirement accounts, vehicles, bank accounts, and even business interests—so long as they were acquired or earned during the marriage and are not specifically determined to be separate property.

Separate property may include assets owned by either spouse prior to marriage, gifts or inheritances received individually (not jointly), and property acquired after the date of separation. However, separate and marital property can become entangled. For example, if one spouse inherits money but uses it to renovate the marital home, or if a premarital asset appreciates in value due to contributions from the other spouse or from marital funds, part or all of that asset may be subject to distribution.

Debts are classified using the same basic framework. Marital debts are those incurred for the benefit of the marriage, regardless of which spouse’s name appears on the account. Courts will review credit card balances, loans, and other obligations to determine their classification and impact.

Misclassifying assets or failing to properly trace separate contributions can lead to an unfair outcome. Careful documentation and developing a clear legal strategy can be key. If you have questions about the property classification process in Lincoln County, contact Meredith Shuford at Teddy, Meekins & Talbert to check her availability for representation and to schedule a confidential consultation.

Equitable distribution is the legal process by which North Carolina courts divide marital property and debts between spouses during divorce. The goal is a fair division, based on the particular facts of each case. The law starts with the presumption that an equal division is equitable. However, the court may adjust that division if equal distribution would not be fair.

The court may consider multiple factors, including the income, property, and liabilities of each spouse; the length of the marriage; the age and health of both spouses; contributions by one spouse to the other’s education or career; and any direct contributions to increasing the value of marital property. The court may also look at economic misconduct, such as dissipation of assets, though this is not determinative in every case.

Equitable distribution applies only to marital property and marital debt. Separate property is excluded, but identifying and classifying all assets correctly is a necessary first step. If you have a family law question in Lincoln County, contact Meredith Shuford at Teddy, Meekins & Talbert to determine her availability for representation and to schedule a confidential consultation about the equitable distribution process.

In North Carolina, when a married couple separates and moves toward divorce, the division of property can become a key legal issue. This process is known as equitable distribution. Unlike community property states that divide assets equally, North Carolina applies an equitable approach—meaning the division must be fair, but not necessarily equal. The court evaluates a range of statutory factors to determine what division of marital assets and debts will result in a just outcome. Below are detailed answers to frequently asked questions about property division during divorce under North Carolina law. If you have questions about a family law matter in Lincolnton, North Carolina, attorney Meredith Shuford would like to help. Call the Teddy, Meekins & Talbert Law Office in Lincoln County NC at 704-396-5155

Child support is an obligation of a parent to provide financial support for his or her child. In North Carolina, child support is calculated using Child Support Guidelines.

The North Carolina Child Support Guidelines consider things such as:

• The income of each parent, if any
• The number of “overnights” each child spends with each parent
• The cost of health insurance for the child or children
• The costs of daycare
• The cost of extracurricular activities

Custody and vistitation are often the most difficult issues to resolve during a divorce. The best interests of the child are always the primary consideration. Family law attorneys may refer to Best Interests as the “North Star” or “Polar Star.” There are different types of custody in North Carolina: legal and physical. Legal custody generally refers to who makes decisions regarding the child’s welfare, including education, health care, religion, and extracurricular activities. Physical custody refers to where the child will live. The Court possesses a tremendous amount of discretion in determing child custody and visitation in North Carolina and may award joint legal custody, joint physical custody, or sole legal and physical custody to one parent.

Marital assets and marital debts are very much part of Equitable Distribution. Divorce lawyers in North Carolina may refer to something called the Marital Estate, which includes assets and debts of the parties.

The Court (the Judge) will consider the same Equitable Distribution factors to determine how to divide debt.

In North Carolina, marital property is divided equitably between the parties. Divorce lawyers often refer to that process as Equitable Distribution or ED. This does not necessarily mean that property and assets will be divided evenly, but rather what is fair under the circumstances. Some factors to consider are:

• The length of the marriage
• The incomes and earning capacities of the parties
• The contributions of each party to the acquisition of assets and debt
• The relative needs of each party
• The value of property and debts

It’s not required, but we think it’s a very good idea to have legal representation. The divorce process can be complicated and often involves the largest assets of your life. The decisions you make during the process can have a lasting effect on your life and the lives of your family

members. We can help make sure that your rights are protected and that you understand all of your options.

You’re doing it. You’re gathering information. We think the next thing you need to do is meet with an experienced divorce lawyer. It’s important to know your legal rights and responsibilities. A family law attorney can help in the decision-making process. Each case is different. What’s best for you and your family is likely not the same as other people you may know, like friends or family.

This is often the hardest part of legal separation and divorce. It might help to sit down with your spouse and explain that you have been thinking about divorce and why. You can talk about your feelings and what you think might be best for you and your family. You can also explain that you would like to talk about the process and what to expect. If your spouse is open to talking, you can try to work out a plan together. If not, you can still proceed with the divorce process. North Carolina is a “no-fault divorce” state. Both parties do not have to agree to get divorced.

There is nothing wrong with having questions about your marriage. Gathering information is not the same thing as saying, “I want a divorce.” Indeed, blurting out that you want a divorce, without making prior plans, is not a good idea. Only you can decide if you are ready for divorce. You may have tried to work out your differences, but it has not been successful. That’s OK. Prior to doing anything, we think it’s a good idea to speak with an experienced divorce lawyer in Lincolnton NC. You’re not required to follow through or get divorced. In fact, once made aware of legal responsibilities and options, some people decide to stay married.

Documenting custody violations is helpful because North Carolina courts require evidence—not just accusations—when asked to enforce or modify a custody order. If the other parent is not following the agreed-upon or court-ordered custody schedule, keeping a clear and consistent record of what is occurring helps establish a reliable timeline and demonstrates the pattern of noncompliance.

Common violations include failing to exchange the child at the agreed time or location, denying scheduled visitation, interfering with communication, or making unilateral decisions that should be shared under a joint legal custody arrangement. In each case, written records—such as texts, emails, calendars, or contemporaneous notes—can support your position and clarify events for the court.

Courts do not act on verbal claims alone. When a parent asks the court to enforce a custody order or hold the other parent in contempt, documentation becomes important. Judges determine whether the violations are isolated or part of a larger pattern that harms the child or undermines the custody arrangement. Without detailed records, it can be difficult to meet that burden.

Documenting violations also helps your attorney evaluate the strength of your case and advise you appropriately. It is not about building a case for conflict, but about protecting the child’s best interests and ensuring that the custody order is followed. If you’re experiencing ongoing problems with custody enforcement, Meredith Shuford at Teddy, Meekins & Talbert may be available to serve as legal counsel and help you understand your options. Contact her at (704) 396-5155 for guidance based on your specific situation.

In North Carolina, custody orders can be modified when significant changes have occurred affecting the child's welfare and best interests. The parent requesting a modification must demonstrate a substantial change in circumstances since the original order was established and show that the proposed adjustment serves the child's well-being. Modifications are not made lightly, as courts prioritize stability for the child.

Examples of substantial changes include relocation of a parent to another state or significant distance, changes in a parent's employment status or schedule that substantially affect their availability for child care, or emerging concerns related to a child's physical, emotional, or educational needs. Additionally, issues such as substance abuse, neglect, or significant changes in the child’s behavior or environment may warrant a modification.

To successfully modify a custody order, parents must provide convincing evidence supporting the necessity and benefit of the proposed changes. North Carolina courts carefully weigh the potential impact on the child's life against maintaining the consistency provided by the existing custody order. Due to the complexity and legal standards involved, seeking professional guidance is advisable when pursuing a custody modification. Meredith Shuford at Teddy, Meekins & Talbert helps parents in Lincolnton and Lincoln County understand their options and advocates for their child's best interests. For personalized guidance regarding modifying custody orders, contact Meredith Shuford directly at (704) 396-5155.

North Carolina courts carefully examine numerous factors when determining custody arrangements, always with the child's best interests as the central focus. Key considerations include each parent's capability and willingness to provide a safe, stable, and nurturing home environment. Courts assess each parent's past involvement with caregiving duties, their relationships with the child, and their readiness to encourage and facilitate the child's relationship with the other parent.

The physical and mental health of both parents is also important. Any history of domestic violence, abuse, neglect, or substance misuse is taken very seriously and can significantly affect custody decisions. Additionally, the court (the District Court Judge) may also evaluate practical factors such as the proximity of each parent's home to the child's school, extracurricular activities, community ties, and the parents' employment schedules. If the child is sufficiently mature, the court may also consider their expressed preferences, although this is not always the deciding factor.

The goal of the courts is to foster continuity and stability in the child's life. Each custody case is reviewed individually, with courts using their discretion to weigh these factors thoroughly. Parents facing custody proceedings can benefit significantly from legal guidance to present their circumstances effectively. Meredith Shuford at Teddy, Meekins & Talbert offers professional support to ensure custody cases are clearly and compellingly presented. She can be reached for personalized assistance at (704) 396-5155.

North Carolina recognizes two main forms of custody arrangements: physical custody and legal custody. Physical custody refers to where the child lives on a regular basis and who handles day-to-day care responsibilities. This arrangement may be "sole" or "joint." Sole physical custody means one parent primarily has the child living with them, while the other parent has scheduled visitation days. Joint physical custody means both parents share substantial residential time with the child, though the division of time is not necessarily equal.

Legal custody concerns the rights and responsibilities to make major decisions regarding the child’s upbringing, including healthcare, education, religious practices, and extracurricular activities. Legal custody can also be sole or joint. Sole legal custody means one parent has the exclusive right to make these important decisions. Joint legal custody requires parents to collaborate and share decision-making responsibilities. North Carolina courts generally favor joint legal custody unless significant reasons, such as parental conflict or safety issues, indicate otherwise. Understanding these custody distinctions is important for parents navigating custody discussions. Meredith Shuford at Teddy, Meekins & Talbert helps clients develop custody arrangements tailored to the family’s needs. Contact her directly at (704) 396-5155.

Determining child custody in North Carolina involves a thorough evaluation by the courts, primarily focused on the child's best interests. Courts review several specific factors and consider various custody arrangements to help ensure a supportive and stable environment for the child or children. Below are detailed explanations of important aspects of child custody, structured as frequently asked questions. If you have specific questions about a child custody issue in Lincolnton, North Carolina, give us a ring at Teddy, Meekins & Talbert. Attorney Meredith Shuford helps clients in Lincoln County with legal issues involving child custody, child support, and visitation. Call now to schedule a consultation: 704-396-5155

Some lawyers charge by the hour for child custody cases, while others charge a flat fee. In many cases, the cost of hiring a lawyer depends on the amount of work required. Be sure to ask about attorney’s fees during your initial consultation with your family lawyer.

You’ll need to file a motion with the courts to modify a child support order. A child custody lawyer can help you with this.

A child support order will consider each parent’s ability to pay, the current standard of living for the child and both parents, and other factors. A child custody lawyer can help evaluate your situation and help you understand what you might have to pay or what you might be entitled to receive.

Having a criminal record might make it more difficult for you to secure custody of your child, depending on your situation. It does not automatically preclude you from seeking and getting custody, however.

It depends on the details of your custody order. If you have sole legal and physical custody, you can most likely move out of state without worrying about the other parent. If you have joint physical custody of your children, though, you will probably need to file a court motion before you can leave the state.

Courts make visitation decisions based on what’s best for the child. The goal is to minimize the disruption in the child’s life while still allowing the child to spend time with both parents. If one parent has shown that they are unfit to spend time with the child, they may be denied visitation or be required to have supervised visitation.

If the non-custodial parent has violated a court order, you can file a motion in court to have them held in contempt. The judge will decide the appropriate penalty based on the severity of the non-custodial parent’s actions.

If you have been involved in an accident and your insurance claim has been denied, contact us today for a free consultation. We will review your case and advise you on the best course of action.

Frankly, carriers regularly deny valid claims. 

If that weren’t the case, there would be no need for lawyers. We think one of the best ways to avoid a denial of an insurance claim is to establish an attorney-client relationship immediately after the accident.

This is especially important if the injuries are serious, or if there is significant damage to your vehicle. An experienced personal injury lawyer will know how to investigate the accident, how to deal with the insurance company, and how to maximize your chances of recovering for your losses.

In some cases, it may be possible to negotiate a favorable settlement with the insurance company without filing a lawsuit. However, if the insurance company refuses to offer a reasonable settlement, then filing a lawsuit may be the best option.

There are a few common pitfalls that can occur when filing a car insurance claim. One is if you do not have the proper documentation.

It is important to have all of the necessary paperwork in order before you begin the claims process. Otherwise, you may find yourself having to start over or worse, not being able to get your claim approved at all.

Another potential pitfall involves failing to keep good records of any communication you have with your insurer throughout the claims process. This will come in handy if there are any discrepancies or disagreements down the road.

There are several things you can do to increase your chances of getting a fair settlement from your car insurance company:

1. Gather all pertinent documentation. This should include a copy of the police report (if applicable), estimates for repairs, and any other relevant paperwork. Your attorney will ordinarily handle gathering documentation and preparing a demand.
2. Keep detailed records. Make sure to keep track of all correspondence with your insurance company, including phone calls and emails.
3. Be patient. The claims process can be slow, so it’s important to be patient and keep following up with your insurer.
4. Know your rights. We do this for a living. We will explain the process to you and help explain your legal rights and options.
5. Consult with an attorney. If you feel like you’re not getting fair treatment from your insurer, consider consulting with a lawyer who has substantial experience handling accident claims.

The time it takes to process a claim can vary depending on the severity of the accident and the insurance company’s claims process.

However, most car insurance companies want to do everything they can to settle as quickly as possible, for as little as possible.

There are several common mistakes people make when filing a car insurance claim:

• Not seeking medical attention right away – This is a mistake because some injuries, such as whiplash, concussions, and brain injuries may not be immediately apparent
• Not contacting an attorney – Some people believe they can save money by handling their own bodily injury and property damage claims
• Giving a Recorded Statement – It is common practice for the insurance adjuster to ask for a recorded statement, despite the fact that is not required under the NC Accident laws
• Not Keeping Accurate Records – One of the most important things you can do when filing an insurance claim is to keep accurate records of your damages, injuries, and expenses
• Not understanding the claims process

All too often, people representing themselves with the carrier settle for less than their claim is worth. In some instances, without legal protection, they find themselves dealing with allegations of Contributory Negligence and a denial of a claim altogether.

An attorney with substantial experience handling car accident claims is in a better position to negotiate with the insurance company to get a full and fair settlement.

Providing a statement to the insurance adjuster, whether it is recorded or not, gives the adjuster the opportunity to trip you up and use something you say against you later on.

An innocent, off-handed, or out-of-context comment can easily create problems for a valid claim for damages.

We think it’s best to let your attorney handle all communications with the insurance company.

Be sure to save all medical bills, receipts, and documentation of any lost wages or income and the costs to get your car repaired.

This will be vital in support of your claim for damages.

The car insurance claims process is often confusing and complicated.

An experienced lawyer will be able to help you navigate the process and ensure that you take the necessary steps to protect your rights.

The only person on your side is your attorney. The insurance company adjuster represents the carrier and their financial interests.

• Big insurance companies profit by denying legitimate claims they should, by all rights, pay
• Big insurance companies profit by paying less than they should for valid claims
• Big insurance companies profit by taking advantage of unrepresented victims of car accidents

The time it takes to process an auto accident claim and property damage claims can vary depending on the severity of the accident and the insurance company’s claims process.

However, most auto insurance companies want to do everything they can to settle as quickly as possible, for as little as possible.

The insurance company is not your friend. They are not looking out for you or your best interests or your personal injury protection.

They make money by denying claims or paying less than they should even when their insured is 100% at fault. It’s all about their profit margin and money.

To file a personal injury claim after a car accident, you will need the following information:

• The At-Fault (Negligent) Driver’s personal information – Name, address, telephone number, and email
• The other driver and other drivers’ insurance information – Insurance Company name, policy number, contact number
• The Police Report (if one was filed) – Accident Report
• Documentation of any injuries or property damage

To file a car insurance claim, we believe it’s better to have your attorney contact the appropriate insurance company about your personal injury claim and provide them with information about the accident.

The carrier will then likely send an adjuster to inspect the damage on your vehicle and determine how much your “property damage” claim is worth.

While that is a common question, we think it’s a better idea to first speak with an experienced accident lawyer.

Why?

Filing a car accident claim is not as simple as many people think.

If you make a mistake, it could cost you thousands of dollars – or even result in your claim being denied entirely.

We firmly believe you should not speak with the at-fault driver’s insurance company without the benefit of legal counsel.

An experienced lawyer will be able to help you understand the process and ensure that you take the necessary steps to protect your rights.

The process of formally filing a claim for damages may take weeks, if not months, from the date of the wreck and after you’ve been released by your doctor.

People tend to confuse putting the carrier on notice of a potential claim with making a formal claim for damages. There is a difference and it is important to protect yourself from any effort of the adjuster to limit or deny the value of your claim – Ralph Meekins, Shelby Accident Lawyer

The first thing you should do after a car accident is to stop your vehicle and assess the situation.

If there are injuries or significant damage, you should immediately call the police.

Dial 911

Once the police arrive, ask them to create an accident report.  That will be important for filing your insurance claim.

The date of legal separation in North Carolina can carry significant implications for both property division (equitable distribution) and alimony. Property division depends heavily upon the accurate identification of marital property, which generally includes assets and debts accumulated by the couple during the marriage but before the date of separation. Assets or debts acquired by either spouse after the date of separation may qualify as separate property, which is not subject to division during divorce proceedings. Clearly documenting your separation date helps protect your financial interests by delineating marital and separate property. This clarity is particularly beneficial when disputes over finances arise during subsequent divorce proceedings.

Regarding child custody, separation deserves attention to parenting schedules, visitation, and financial support for minor children. Initially, informal custody arrangements made during separation are common; however, creating a formal custody agreement or including custody arrangements within a written separation agreement helps avoid disputes and costly litigation. While these agreements may not be binding on the court, they serve as persuasive evidence if custody issues later require judicial determination. North Carolina courts prioritize the "best interests of the child" standard when making custody decisions, considering factors such as each parent's relationship with the child, stability of home environments, and the child's own needs and preferences (if age-appropriate).

To navigate the complexities surrounding property division and child custody effectively, professional legal advice is advisable. Meredith Shuford at Teddy, Meekins & Talbert offers experienced, tailored guidance to clients throughout Lincolnton and Lincoln County. For assistance or to discuss your particular situation confidentially, contact Meredith at (704) 396-5155.

Understanding the difference between legal separation and divorce is important because the two have substantially different legal effects. Legal separation means spouses live apart, but the marriage remains legally intact. Because you are still legally married, certain marital rights and obligations continue. For example, legally separated spouses still retain rights of inheritance from each other, eligibility to remain on the other's insurance coverage, and obligations regarding joint debts. Additionally, neither spouse is legally permitted to remarry while merely separated.

In contrast, divorce, formally known as absolute divorce, completely terminates the marriage. All marital rights and obligations end upon divorce (unless specifically reserved and/or protected), including inheritance rights, joint property rights, and eligibility for spousal healthcare coverage. Following a divorce, either spouse is legally free to remarry. North Carolina requires a continuous separation period of at least one year before either spouse can file for absolute divorce. Divorce proceedings should resolve all issues concerning property division, alimony, child custody, and support; if these matters are not properly addressed before finalizing the divorce, the court may not permit later resolution, potentially resulting in lost rights.

Given these significant distinctions, understanding your options and carefully planning during your separation period is wise. Meredith Shuford at Teddy, Meekins & Talbert can explain how these differences specifically affect your circumstances and help ensure your legal and financial interests are protected throughout the process. Reach out to her at (704) 396-5155 for clear, practical guidance.

In North Carolina, the law sets forth two specific requirements to qualify as legally separated. First, spouses must physically live in separate residences; living under the same roof, even if in different rooms, does not satisfy this requirement. Second, at least one spouse must have a clear and demonstrable intent that the separation is permanent. Temporary or trial separations where the spouses intend to attempt reconciliation generally do not meet the legal definition of separation in North Carolina. Establishing and clearly communicating this intent is critical because it directly affects the timeline for filing an absolute divorce, which requires one full year of continuous separation.

While no formal court documentation or court involvement is mandatory to begin separation, creating a written separation agreement is strongly recommended. Such an agreement addresses and clarifies issues, including property division, equitable distribution, alimony, debt allocation, child custody and support arrangements, and spousal support. This written document not only provides clarity but also helps to prevent disputes or confusion that commonly arise later in the divorce process. Although a separation agreement does not require court approval, it may be enforced if one party fails to uphold the terms. In Lincolnton and throughout Lincoln County, legal guidance on drafting and reviewing separation agreements is available to ensure your rights and interests are fully protected. Meredith Shuford at Teddy, Meekins & Talbert is experienced in drafting these documents clearly and effectively. For assistance, contact her at (704) 396-5155.

Legal separation in North Carolina refers specifically to the circumstance when married spouses physically live separate and apart with the clear intent of remaining permanently separated. Unlike some states, North Carolina does not recognize or issue an official status called “legal separation.” Instead, separation is established simply by living apart with no intention of reconciliation. A formal legal document is not necessary to initiate the separation; however, documenting the date of separation is a good idea, as it can significantly impact subsequent legal processes such as divorce, property division, and custody arrangements. Establishing a precise date helps prevent disputes regarding property division and other rights arising after separation. If you have any uncertainty about your separation status or need assistance documenting your separation properly, call attorney Meredith Shuford at Teddy, Meekins & Talbert in Lincolnton at (704) 396-5155.

Yes, under North Carolina law, alimony orders can be modified if there has been a substantial change in circumstances affecting either party. Common reasons for modification include job loss, retirement, a significant increase or decrease in income, medical issues, or changes in the dependent spouse’s financial needs or living situation.

The party seeking the modification must file a motion with the court and present evidence of the change. If the court finds the change to be substantial and material, it has the discretion to increase, reduce, or terminate the alimony obligation. Not all changes will qualify. A modest shift in income or a temporary condition might not meet the legal threshold. Also, if the parties agreed to non-modifiable alimony in a valid separation agreement, the court may lack authority to alter the terms.

It’s important to approach modifications with careful preparation and legal guidance. Courts are cautious about disturbing existing orders without clear justification. If you're considering a modification—whether as a supporting or dependent spouse—it’s a good idea to consult an experienced attorney who can assess the strength of your position and assist with the process. Meredith Shuford at Teddy, Meekins & Talbert represents clients throughout Lincoln County in alimony modification proceedings. Contact her at (704) 396-5155 to schedule a consultation.

The duration of alimony in North Carolina is determined by the court based on the specific circumstances of each case. The statute does not impose a fixed formula for duration, but several general principles apply. Long-term marriages may result in longer alimony periods, while shorter marriages may lead to temporary or rehabilitative alimony designed to allow the dependent spouse time to become self-supporting.

Alimony terminates automatically upon the death of either party or the remarriage of the dependent spouse. In addition, cohabitation—defined as the dependent spouse living continuously and habitually with a romantic partner—may also justify termination. The supporting spouse must petition the court and prove cohabitation through evidence such as shared expenses, living arrangements, or public presentation as a couple.

The court may also set a specific termination date at the time of the award, particularly in cases where the dependent spouse is expected to return to the workforce or complete job training. In other cases, the award may be indefinite but modifiable. Because alimony affects both parties' long-term financial obligations, duration is often a contested issue. If you have questions about how long you may be required to pay or whether you’re eligible to receive spousal support, Meredith Shuford at Teddy, Meekins & Talbert helps clients understand their rights and responsibilities. Call (704) 396-5155 to learn more.

Unlike child support, which is determined using standardized guidelines, North Carolina does not use a formula to calculate alimony. Instead, the court examines multiple factors set out in N.C. Gen. Stat. § 50-16.3A to determine what amount, if any, should be paid, and for how long. These factors include the duration of the marriage, the standard of living during the marriage, the age and health of both parties, and the earning capacities, education, and employment histories of each spouse.

The court (a District Court Judge) also may consider the contributions one spouse made to the education or career advancement of the other. If, for example, one spouse worked full-time to support the other’s graduate education, that may weigh in favor of awarding alimony. Marital misconduct is another factor. Acts such as abandonment, substance abuse, or financial misconduct can influence both the amount and duration of alimony.

Each alimony determination is unique and tailored to the couple’s specific financial circumstances. Evidence is typically presented through testimony, financial affidavits, and documentation of income and expenses. The court has broad discretion in these cases. Because no formula applies, the quality and clarity of the evidence can make a significant difference. If you are seeking or defending against a claim for alimony in Lincoln County, it’s important to understand how the court may approach your case. Meredith Shuford at Teddy, Meekins & Talbert helps clients in Lincolnton with the preparation and presentation of the financial picture. Call (704) 396-5155 to see how the firm may be able to help.

Alimony in North Carolina is a form of spousal support that may be awarded by the court after a couple separates and moves toward divorce. It is not automatically granted. Instead, one spouse must prove that they are financially dependent on the other spouse, who in turn must be shown to be financially capable of providing support. The spouse seeking alimony is referred to in court as the "dependent spouse," while the one from whom support is sought is the "supporting spouse."

North Carolina law does not require a certain number of years of marriage for a spouse to qualify for alimony. The court will look at whether, during the course of the marriage, one spouse relied on the other for financial support. Dependency can be partial or total. A spouse may also be considered dependent if they are accustomed to a particular standard of living made possible by the other spouse’s income.

Alimony may be denied if the dependent spouse engaged in acts of illicit sexual behavior during the marriage and before the date of separation. Conversely, if the supporting spouse engaged in illicit sexual behavior, the court can award alimony. If both parties are found to have committed such acts, the court has the discretion to grant or deny support. These decisions are fact-specific and can be complex. Meredith Shuford at Teddy, Meekins & Talbert in Lincolnton represents people throughout Lincoln County in alimony and spousal support matters. For guidance on whether you may qualify, call (704) 396-5155.

When a parent is self-employed, works under the table, or is paid in cash, calculating child support in North Carolina can become more complicated. The guidelines still apply, but the court must work with what income information is available and determine whether it accurately reflects the parent’s actual financial situation. This can require a deeper analysis of business records, tax returns, personal bank accounts, and lifestyle indicators.

For self-employed parents, courts will typically look at gross receipts minus reasonable business expenses. However, the definition of “reasonable” can vary. Some business deductions allowed by the IRS may be disallowed by the court if they reduce reported income in a way that isn’t consistent with the parent’s actual ability to pay support. For example, excessive travel or entertainment expenses, depreciation of certain assets, or payments to relatives may be scrutinized.

In cases where a parent is paid in cash or claims minimal income despite an outwardly stable lifestyle, the court may impute income. That means the judge assigns an income value based on the parent’s work history, qualifications, past earnings, or what someone in a similar role could reasonably expect to earn. Imputation is not automatic; it requires credible evidence that the parent has the ability to earn more than they report.

For the parent receiving support, these cases may involve gathering detailed financial records or requesting discovery through formal legal processes. For the parent paying support, transparency and accurate documentation can help avoid assumptions that might not reflect the full financial picture.

In Lincoln County, if child support in your case involves a parent who is self-employed or paid in cash, you may wish to speak with someone familiar with how the courts approach this type of income. Meredith Shuford at Teddy, Meekins & Talbert in Lincolnton may be available to assist. Contact the firm to determine her availability for representation and to schedule a confidential consultation.

Yes. Child support orders in North Carolina can be modified if there has been a substantial change in circumstances since the original order was entered. A common example is a significant change in a parent’s income due to a job loss, promotion, or career change. Other examples include a change in the child’s needs, such as medical expenses or educational costs, or a change in the custody arrangement.

To request a modification, the parent must file a motion with the court and provide evidence of the changed circumstances. If it has been at least three years since the existing order was entered or last reviewed, and the current guideline calculation would result in a difference of 15% or more, that is considered sufficient to trigger a review.

It’s important to note that the existing support order remains in effect until the court modifies it. Simply losing a job or changing custody does not automatically alter the support obligation. The process requires formal court approval. A parent who stops paying or reduces payment without court authorization can be held in contempt, even if the change in circumstances seems obvious.

For parents in Lincoln County seeking more information about how to pursue or respond to a request for child support modification, Meredith Shuford at Teddy, Meekins & Talbert may be available to assist. Contact the firm to determine her availability for representation and to request a confidential consultation.

Once a child support order is entered by a North Carolina court, it has the force of law. A parent who fails to comply with the order can face serious legal consequences. The most common enforcement mechanism is income withholding, where the child support amount is automatically deducted from the paying parent’s wages. This can help ensure regular and consistent payments.

If payments fall behind, the owed amount becomes a legal debt, and the parent receiving support can take enforcement action. This may include court filings for contempt, which can result in fines, wage garnishment, seizure of tax refunds, or even jail time if the court finds the failure to pay was willful. The court may also order the non-paying parent to post a bond or security to ensure future payments.

Enforcement does not require the use of an attorney, but having legal representation can help in cases involving chronic non-payment or when the parent ordered to pay support lives in a different state. It also becomes important if the original order was entered many years ago and circumstances have changed significantly.

If you live in Lincoln County and are struggling to enforce or respond to a child support order, you may wish to contact Meredith Shuford at Teddy, Meekins & Talbert to see if she is available to represent you and to schedule a confidential consultation.

While the North Carolina Child Support Guidelines provide a structured method for calculating support, several factors can influence the final amount. The first is custody. If one parent has primary physical custody, meaning the child resides with that parent for most overnights during the year, the other parent typically pays child support. In cases where custody is shared more evenly, the support amount is adjusted to account for the time each parent spends with the child.

Another major factor is income. The more each parent earns, the higher the combined child support obligation. If one parent earns significantly more than the other, that parent may be responsible for a larger share of the obligation. The guidelines are based on gross income, not take-home pay, and courts may impute income to a parent who is voluntarily unemployed or underemployed.

Additional adjustments may be made for specific expenses. These include the cost of health insurance premiums for the child, work-related childcare costs, and certain extraordinary expenses like special education or therapy. If a parent is already supporting other biological children in another household or is subject to another child support order, that can also impact the calculation.

Understanding how these factors interact with the worksheet can help parents anticipate what the child support figure may look like. If you are dealing with child support concerns in Lincolnton or elsewhere in Lincoln County, contact Meredith Shuford at Teddy, Meekins & Talbert.

In North Carolina, child support is calculated using a statewide formula designed to reflect the income of both parents and the needs of the child. The goal is to approximate what the child would have received if the household had remained intact. The formula is applied through a set of worksheets, and which worksheet is used depends on the custody arrangement—whether one parent has primary custody, the parents share custody relatively equally, or there is a split custody situation involving more than one child.

The calculation begins with each parent’s gross monthly income, which includes wages, bonuses, commissions, and other sources of income. Adjustments are made for other child support obligations, responsibility for other children living in the household, health insurance premiums paid for the child, and work-related childcare expenses. Once these values are entered, the worksheet produces a recommended support amount.

This amount is presumed to be correct, but the court can deviate from it if the recommended figure would be unfair or inappropriate. For example, a deviation might be considered if one child has extraordinary medical expenses or if one parent has unusually high travel costs related to visitation.

If you live in Lincoln County and have questions about how the North Carolina child support guidelines might apply to your case, contact Meredith Shuford at Teddy, Meekins & Talbert law office in Lincolnton to determine her availability for representation and to schedule a confidential consultation.

In most cases, Teddy, Meekins & Talbert, P.L.L.C., is paid on a contingency fee basis. This means that the firm does not earn a fee unless and until the firm recovers any money on your behalf. Depending on the nature of the claim, the contingency fee can range in percentage. The percentage is set based upon the time involved in the claim, the risk involved in the claim, and the potential amount recovered on your behalf. Typically, the contingency fee will vary from 25% to 33% of the recovery.

The answer varies depending on your situation, including the nature of your injuries and the defendant’s willingness to resolve the matter. Many claims are resolved quickly, while others may take longer, for example, if the extent of the person’s damages are not immediately known.

Your lawyer’s focus is to protect you and make sure that you are treated fairly. You need to recover the maximum damages you are entitled to, consistent with the nature of your injuries and losses, to make sure that you are protected from the consequences of your injuries. You need a lawyer working for you to protect your interests. A lawyer can investigate all sources of insurance coverage to make sure that any insurance carrier that has coverage is contacted and all avenues of recovery are explored. You may need to make a claim with your own insurance carrier for Med Pay coverage, or uninsured/underinsured motorist coverage.

You may recover all or some of the following:

• Medical expenses (present & future)
• Lost wages (present & future)
• Lost earning capacity
• Scarring
• Pain and suffering
• Loss of consortium
• Punitive damages

Yes. It is always a smart decision to consult with an attorney to help you with your case. Most law firms, including Teddy, Meekins & Talbert, P.L.L.C., do not charge a consultation fee for personal injury cases. Remember, the adjuster works for the insurance company, to protect its interests. Your attorney will work for you, to protect your rights. The insurance company has one goal, and that is to settle your case for the least amount of money possible. What may seem like a fair offer to you could fall far short of the amount of money you may be entitled to. It is always a good idea to consult with an experienced personal injury attorney before agreeing to any settlement with your insurance company.

The general rules for bringing a personal injury lawsuit are:

• You must have suffered an injury to your person or property.
• Your injury must have resulted from someone else’s negligence or an intentional act.

Contact an experienced Teddy, Meekins & Talbert, P.L.L.C., personal injury attorney today to help you file a personal injury claim.  We can help after a slip-and-fall accident, car wreck, truck collision, and more.

• Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you’ve suffered as a result of the accident.
• Make notes of conversations that you have with people involved in the accident or the injury claim.
• Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
• Locate people who witnessed the accident and who might be able to help you prove your case.
• Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.

At Teddy, Meekins & Talbert, P.L.L.C., our dedicated Shelby car accident attorneys are proud to offer clients:

• Extensive knowledge of North Carolina car accident laws
• Smart legal strategies tailored to your needs
• Comprehensive resources to thoroughly investigate your traffic accident
• Aggressive negotiation tactics to combat insurance companies
• Compassion and sensitivity for what you are going through
• Complete commitment to pursuing full and fair compensation for you

In North Carolina, the statute of limitations for filing a car accident lawsuit is three years from the date of the crash. It’s important to note that the deadline for filing a lawsuit is not the same as the deadline for reporting the accident to your insurance company. You should start the process with the insurance company immediately.

Every car accident case is unique, and our lawyers are extremely skilled at negotiating with even the largest insurance companies. Many times, our aggressive negotiation tactics result in a full and fair settlement offer. However, we are always prepared to take your case to trial if the at-fault party refuses to agree to the compensation you deserve.

Every car accident case is different. We will thoroughly investigate your case and aggressively pursue maximum compensation with the knowledge that a trial may be necessary to get justice for you.

However, you should know that most car accident cases do end with a settlement, rather than a verdict, because many insurance companies do not want to risk a trial. Some cases even settle at the very last minute, right before the trial is set to start.

At Teddy, Meekins & Talbert, P.L.L.C., we will be prepared to do whatever is in your best interests.

When compensation is decided upon, either through a settlement agreement or a trial verdict, your attorney will send you a check for compensation after subtracting legal fees and resolving any medical liens and other expenses.

At Teddy, Meekins & Talbert, P.L.L.C., we take your case on a contingency fee basis, which means you do not have to pay us upfront to start working on your car accident claim. Instead, we collect our legal fees if and when we recover compensation for you. This contingency fee generally ranges from 25 percent to 33 percent of your recovery.

North Carolina follows a pure contributory negligence rule, which means that if a person contributed to a car accident in even the slightest way, he or she cannot recover compensation. This is why an insurance company may be aggressive in trying to claim that you were in some small way responsible for the accident. This extremely strict law is also why you need a knowledgeable car accident attorney on your side to protect your right to full and fair compensation.

Do not worry about what the other driver says. Our dedicated Shelby car accident attorneys will conduct an in-depth investigation into the accident and collect every bit of evidence to prove exactly who was to blame. It is very important, though, that you do not admit fault, no matter what the other driver is claiming.

In some instances, defective brakes or other auto parts can be the cause of a crash, and neither driver may know it. That’s why it’s important to never make assumptions about fault and let the investigation show what actually happened. If a defective auto part was to blame for your crash, our skilled attorneys can pursue compensation from the manufacturer, retailer, and any other parties involved in the distribution of the dangerous part.

Underinsured motorist (UIM) coverage is the part of your policy that is meant to protect you if the at-fault driver does not have enough insurance to pay for your damages.

However, even though you may pay for this coverage, your insurance company may be reluctant to pay you out of it. Our experienced auto accident attorney knows how to handle insurance companies that are dragging their feet on UIM compensation.

In North Carolina, you are required to carry uninsured motorist (UM) coverage, which is meant to protect you in situations like this. In addition, you may have underinsured motorist (UIM) coverage, which is another source of compensation if the driver who hit you does not carry enough insurance to cover your damages.

First, it is extremely important that you do not admit fault or make presumptions about who was at fault in your accident. That’s because there are so many contributing factors that you may not know about until a thorough investigation is conducted. For example, the other driver may have been texting and you didn’t notice, or a defective part in your car may have caused you to lose control.

If an investigation reveals you are at fault, you will need to turn to your own insurance policy to recover compensation.

Your lawyer will keep track of your medical bills while your accident case is pending. Our knowledgeable Shelby car accident lawyers are skilled at negotiating with insurance companies and health care providers to make sure you are not feeling pressured by bills while you are trying to recover.

If you do receive a call about a medical bill, refer the caller to your attorney.

Common injuries include whiplash, broken bones, sprains or strains, traumatic brain injuries, spinal cord injuries, abdominal injuries, bruises and cuts.

Some of the most common causes of auto accidents in North Carolina are speeding, distracted driving, drunk driving, ignoring traffic signs, failure to yield, and aggressive driving.

1. Call law enforcement.
2. Seek medical help as soon as possible.3
3. Get contact information from the other driver and any witnesses.
4. If you can, take photos of the scene and make notes about what happened while everything is still fresh in your mind.
5. Report the accident to your insurance company.
6. Contact a knowledgeable North Carolina car accident lawyer to discuss your next steps.

Depending on the circumstances of your accident, our attorneys may pursue payment for:

• Past and future medical bills
• Repairs or replacement for your vehicle
• Lost wages if you miss work
• Pain and suffering
• Punitive damages in extreme cases

You should remember that the insurance company wants to pay you as little as possible, so the first offer is likely a very low one, compared to what your claim is actually worth. You need to speak with a knowledgeable attorney to get a clear picture of the full amount of compensation you may be entitled to.

You do not have to explain anything to the other driver’s insurance company. It is best to simply refer them to your attorney.

Your car accident attorney will handle all communications with the at-fault party and any insurance companies that are involved, so you can keep your focus on getting better.

You should just give the insurance adjuster the basic information about the accident. Stick to the three W’s: WHEN it happened, WHERE it happened, WHO was involved. DO NOT give a recorded statement. DO NOT admit fault.

Insurance adjusters are notoriously skilled at leading accident victims to say things that could come back to haunt them. Protect yourself and your case by sticking to the basics. Any other questions they have can be directed to your attorney. 

Yes, you have an obligation as part of your policy to report an accident within a short amount of time. Call the insurance company as soon as possible to report the basic information about the accident. You are not obligated to give any details. DO NOT admit fault.

If your car is not blocking traffic, leave it where it is. If you have to move it, try to take a photo of it, along with where the other driver’s vehicle ended up. Showing the positioning of the vehicles, as well as any skids marks or traffic signs, can be helpful when it comes to proving what happened in the accident and who is at fault.

Yes, you should always contact law enforcement so officers can write up an official report, which can later be used as evidence in your case. The officers will take down the names and contact information for all those involved in the accident, as well as give their professional opinions on what exactly happened and who is at fault. With that in mind, never admit fault when talking to a law enforcement officer. Just be honest about the facts.

Technically, you can represent yourself in a car accident claim. However, you should know that the insurance companies will have lawyers working on their side, and they can be especially aggressive if you were injured (because there is more money on the line for them). Having an experienced car accident attorney in your corner will even the playing field and help you fight for the full and fair compensation you need.