FAMILY LAW:

 

Clarifying Change/Family Law Arbitration Act (H 952) (SL 2003-61): This act simply adds language to allow the parties to agree not to confirm the arbitration award in family law arbitration.  This change became effective when it became law on May 20, 2003. 

 

Collaborative Law Procedures/Family Law (H 1126) (SL 2003-371): This bill adds a new section to Chapter 50 of the General Statutes to establish collaborative law procedures so that parties to a divorce and their attorneys may settle disputes by written agreement with limited court intervention.

 

The bill defines collaborative law and establishes that a validly executed collaborative law agreement tolls the time periods pertinent to legal action.  The bill also sets out other guidelines for collaborative law regarding notice of a collaborative law agreement when an action is pending; entry of judgments when a collaborative agreement is reached; withdrawal requirement for attorneys who have participated in collaborative law, but the case ends up in court; privileged evidence as a result of collaborative law; and the right of a personal representative to continue in a collaborative law action for the decedent with respect to equitable distribution.  The act became effective October 1, 2003.

 

Equitable Distribution Claim Survives Death Spouse/Limit (S 394) (SL 2003-168): This bill allows the claim of equitable distribution to survive the death of a spouse when the parties are living separate and apart at the time of death even if a claim for equitable distribution was not pending.  The claim for equitable distribution against the surviving spouse by an estate must be made within one year of the date of death or be barred.  Estate provisions under N.C.G.S. 28A-19-5 AContingent claims.@ and 28A-19-7 ASatisfaction of claims other than by payment.@ do not apply to claims for equitable distribution.  This act became effective on June 12, 2003.

  

Amend Child Support Enforcement Laws (S 423) (SL 2003-288): This bill enhances child support enforcement laws by requiring that payments continue when the obligation terminates if there is an arrearage, by allowing the Department of Health and Human Services to look at the estate of a deceased obligor to see if there are adequate assets to pay child support arrearages, by releasing payment history records to the court or either party to establish or modify a support order and by requiring health insurance for the child when it is available at a reasonable cost.