AN ACT TO AMEND THE LAWS RELATING TO DOMESTIC VIOLENCE PROTECTIVE ORDERS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION; AND TO PROVIDE FOR TERMINATION OF CHILD SUPPORT WHEN A CHILD IS ENROLLED IN AN EARLY COLLEGE PROGRAM. Summarized in Daily Bulletin 4/4/11, 5/4/11, 5/10/11, and 5/31/12. Enacted June 11, 2012. Effective October 1, 2012.
Summary date: Jun 12 2012 - View summary
Summary date: May 31 2012 - View summary
Senate committee substitute makes the following changes to 3rd edition.
Deletes amendment to GS 50-10, which removed language stating the allegations in a divorce complaint are deemed denied by the defendant whether or not the defendant denies the allegations in a pleading. Makes a conforming change to the bill title. Amends GS 50B-2(c) (ex parte orders) to clarify that a hearing continuance is limited to one extension of no more than ten days unless all parties consent or for good cause. Changes the act’s effective date to October 1, 2012 (was, October 1, 2011), and applies to actions or motions filed on or after that date.
Summary date: May 10 2011 - View summary
House amendment makes the following changes to 2nd edition. Provides that the act is effective October 1, 2011, and applies to actions or motions filed on or after that date (was, effective when it becomes law and applies to actions filed on or after that date).
Summary date: May 4 2011 - View summary
House committee substitute makes the following changes to 1st edition. Amends GS 50B-2(c) by providing that a continuance for a hearing regarding an ex parte order issued under the statute is limited to one extension of 10 days, unless all parties consent; the hearing has priority on the court calendar. Deletes previous amendments to GS 50B-2(c), which concerned granting possession of the residence to the aggrieved party to the exclusion of the other party, and the expiration of the ex parte order. Makes other technical and organizational changes.
Summary date: Apr 4 2011 - View summary
Current law provides that the material facts in every complaint asking for a divorce are deemed to be denied by the defendant, even if the defendant does not file a pleading denying the allegations in the complaint. Amends GS 50-10 to delete that provision regarding pleadings in a divorce action.
Amends GS 50B-2(c) to provide that in an ex parte domestic violence protective order a court may not grant possession of the residence to the aggrieved party seeking the order without including a finding in the ex parte order that the other party has (1) attempted to cause or has intentionally caused bodily injury to the aggrieved party or a minor child, (2) has put the aggrieved party or a minor child in fear of imminent serious bodily injury,or (3) has committed any act defined in GS 14-27.2 through GS 14-27.7 against the aggrieved party or a minor child. Provides that once the other party has been served, if the court does not hold the hearing within 10 days from the date the ex parte order was issued or within seven days of the date of service on the other party, whichever comes later, then the ex parte order will expire unless the other party consents to scheduling the hearing at another time.
Amends GS 50-13.4(c) to provide that child support payments for a child enrolled in a cooperative high school program authorized under Part 9 of Article 16 of GS Chapter 115C are to end upon the completion of the child’s fourth year of enrollment or when the child reaches age 18, whichever comes first.
Applies to actions filed on or after the date that this act becomes law.