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Statesville North Carolina Legal Blog

Alimony payments can be tax deductible for now

This blog has on previous occasions discussed how North Carolina residents may be expected to pay spousal support, or alimony, following a divorce or legal separation.

While the paying of alimony is often a bitter pill for people to swallow since it is money going directly to the other parent of that parent's support and maintenance, as opposed to one's children, at least at this time, payers can take comfort in the fact that alimony is tax deductible. On the other hand, those receiving alimony also have to report it on their income taxes.

Truckers beware: you may not be able to shake that ticket

In the past, it was common in the traffic courts around North Carolina and the rest of the country to offer deals to infrequent or first-time traffic offenders, who got caught in a minor slip up, like driving a few miles over the limit or pushing through a yellow light. These deals would usually involve the payment of some money or doing something good for the community, in exchange for avoiding what some commercial drivers consider the biggest consequence of a traffic ticket, the black mark on one's drivig record.

Not only can any history of traffic violations lead to higher insurance rates, it also often means the loss of one's job. This is because many trucking and other companies have a zero tolerance policy for drivers who get caught breaking traffic laws.

If I blew over 0.08 on a breath test, should I just plead guilty?

Many people in Statesville, North Carolina, might have the impression that if they are stopped on the suspicion of being a drunk driver, and then get taken to a police station for a breath test, the result listed on that machine is the final word on the matter.

Particularly if it is their first offense, a North Carolina resident may be very tempted to plead guilty without even talking to an attorney if they blow over a .08.

Child custody and relocation

Unlike many other states, North Carolina does not have any special law when it comes to single parents who have to move either out of state or even to another part of North Carolina, which can be hundreds of miles from Statesville.

There is no question, however, that parents might need to move with their children, even if doing so means the children's other parent will have to travel further to see the children following the move.

Penalties for marijuana possession in North Carolina

Although several states have been in the news of late for legalizing marijuana, North Carolina is not one of those states, even though it does allow for the medicinal use of the drug.

However, North Carolina's marijuana laws are, fortunately, not particularly severe, at least when it comes to the possession of small amounts that are, presumably, for one's personal consumption. In fact, if a Statesville resident were to be found with less than half an ounce of the drug, then they would only face, at the most, a $200 fine.

Can an officer make me take field sobriety tests?

When pulled over on the suspicion of drunk driving, most Statesville, North Carolina, motorists will likely volunteer to take certain field sobriety tests, which are exercises and other physical assessments that, at least according to police and prosecutors, prove whether or not a person has had too much alcohol to be able to drive safely.

The key word, though, is "volunteer," as North Carolina residents simply are not required to take field sobriety tests and, in fact, may well have a right under North Carolina's criminal law to refuse such tests since they are part of a criminal investigation.

North Carolina rules for when a parent needs to move

Although having to move is a part of life that many residents of Statesville, North Carolina, will probably have to experience at some point, the process is never easy.

This is especially true for single parents, as having to move any distance often gets met with resistance from the other parent, who may fear the move will interfere with his or her relationship with the children or, in some cases, prevent the other parent from even visiting the kids.

Why you should fight for the custody schedule you want

If you are going throw a rough divorce or engaging in a bitter custody battle with your ex-partner in North Carolina, you may be ready to say and do anything to put an end to the struggle. Your child’s other parent might not be cooperating with you and trying to make things difficult. No matter how challenging you may feel your situation is, do not blindly or prematurely agree to a custody schedule. 

There are ways for you to get the child custody schedule that works best for your situation without arguing back and forth with the other parent. Here are some reasons why it is best for you to work to resolve your child custody situation properly the first time. 

North Carolina's driving points system

As is the case with other states, North Carolina has a points system it uses to identify, and punish, drivers who have a pattern of being unsafe on the state's roads or who commit serious safety violations while driving. These points are assessed administratively and are an additional penalty above and beyond having the pay a traffic ticket.

Statesville residents, as well as visitors to the area, have plenty of reasons to take these driving points seriously. If a person accumulates more than 7 of them on his or her record in a three-year period, then he or she will be ordered in to a driver safety class and will have to invest the time and some additional money, $65, in to enrolling and taking the course. If a person gets 12 points in three years, there will be a license suspension of at least 60 days and up to 1 year.

How an accusation of domestic violence can affect custody

A previous post on this blog discussed the possible criminal charges and punishments a Statesville, North Carolina, resident can face if he or she is found to have committed domestic violence.

However, criminal trouble is just one of many problems a person can face because of domestic violence. By way of example, a credible allegation of domestic violence, even if there is never a criminal charge, can affect a North Carolina's rights to child custody and visitation.

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