Three North Carolina Appeals Court cases appear to have made the first hurdle to a custody modification, proving a substantial change in circumstances, easier to overcome. All three cases allow past acts to be taken into consideration when finding a substantial change in circumstances. Today we will be exploring each case and giving an overview of the impact all three collectively have on custody modifications.
A NC Court of Appeals case, Lesh v. Lesh, NC App. (Jan 18), has reaffirmed that military disability pay is income that can be considered for a distributive award when the trial court is looking for a source of payment. However, military pay cannot be distributed by a court in equitable distribution.