Bill Summary for H 589 (2011-2012)

Summary date: 

Apr 4 2011
S.L. 2012-20

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 589 (Public) Filed Monday, April 4, 2011
TO ELIMINATE THE PROVISION OF LAW THAT STATES ALLEGATIONS IN A DIVORCE COMPLAINT ARE DEEMED DENIED REGARDLESS OF WHETHER THE DEFENDANT FILES A PLEADING DENYING THE ALLEGATIONS, AND 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.
Intro. by Stevens.

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Bill 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.

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