(Equitable Distribution)
This is the standard time frame in which an ED Affidavit is to be submitted to the courts
60 days from filing for Plaintiff, 30 days after receipt of Plaintiff's for Defendant
Per the Scheduling order in specific counties
The number of years of arrears can you get when you file for child support arrears
3
This is the NC Default for Child Custody time
50/50
This is the amount of time in which a case manager is expected to schedule a Case Manager Meeting
Within 48 Hours
If a Separation Agreement that has not been incorporated into the Divorce decree is not being followed by one of the parties, what is the legal remedy?
Breach of contract
True/False: The only house items to be included on the affidavit are ones the clients wants back
False
If you are calculating a client's monthly income based on a weekly paystub, what do you multiply the weekly income by?
4.33
These are the supporting documents to be filed with a Child Custody Complaint
Civil Summons, Cover Sheet, Affidavit as to Status of Minor child (For each child), Servicemembers Civil Relief Affidavit
This is the general information you should be getting regarding the indiviruals involved in every matter
Name; DOB; Address; Job (income)
rue or False: Our Separation Agreements have a waiver in them that waives filing against third parites for alienation of affection.
True
When one party pays the other out, what is that payment called?
Distributive award
If you are calculating a client's monthly income based on a biweekly paystub, what do you multiply the weekly income by?
2.15
Name the steps you would take after a case manager meeting that you'd share with the client to get started on their matter (without providing legal advice)
-Meet with attorney
-Begin Drafting
-Schedule signing
-File and Serve
-Custody Mediation
This is what you should send to the client after the Case Manager Meeting is completed
Homework, needed documents, a list of exhibits, or an appointment with the attorney
Define Incorporation:
Attaching the SAPA to the Divorce Judgement which changes the nature of the document from contract to an enforceable order.
Name the steps you would take after a case manager meeting that you'd share with the client to get started on their matter (without providing legal advice)
-Meet with the attorney to go over notes
-Begin drafting documents
-Attorney and client review
-Schedule a signing to file
-Work on affidavits as applicable
How many overnights does each parent have to have with the minor child to move child support calculations to Worksheet B?
123
Name the individuals allowed to participate in Custody Mediation
Mother, Father, and Mediator
This is what's expected of a case manager after a Case Manager Meeting
Set tasks to attorneys, begin drafting documents when applicable
If the parties have not separated, how many days must they separate after signing a Separation Agreement for it to be enforceable?
30 Days
What are the three types of property classifications in equitable distribution?
Marital, separate, divisible
What child support worksheet would be used to calculate child support if the parties had split custody of two children?
Worksheet C
Describe the reasons an Attorney may advise their client to file for Custody instead of include it in a Separation Agreement:
-It's not an order unless it's incorporated
-Enforcement would be a breach of contract rather than Custody
-It wouldn't be incorporated until the divorce is finalized (Can be a long time)
During the Case Manager Meeting this is what you should cover:
Character Information, Story/Timeline, Next Steps, Billing, and Signed CEA
Name what is filed when a Separation Agreement if Finalized
A Memorandum of Agreement can be Registered at Register of Deeds