We are excited to announce the selection of Jordan H. Gross to the 2021 North Carolina Super Lawyers Rising Stars list! No more than 2.5 percent of attorneys in North Carolina are selected as Rising Stars. Congratulations!
You probably saw the viral video of the lawyer appearing as a cat that went viral lately so we want to share some “dos and don’ts” of virtual hearings.
Do be on time for calendar call and the start of your hearing if the judge tells you to come back later in the day for your hearing. Even make sure you try logging on early so that you can ensure any technical issues are resolved.
Don’t login to calendar call late as your case may be dismissed if you are not present. If you have issues logging on and your case is in Wake County email your judge’s case coordinator immediately to let them know. More information can be found here: https://www.wcfcc.com
Do dress like you would if you were appearing in person in court. Even from the waist down. You never know if you may have to stand up.
Don’t wear pajamas or other loungewear on a virtual hearing. Leave those Christmas jammies in the drawer.
Do logon in a quiet place away from other noises or distractions, even if that is your car. The judge wants to hear from you and not your dog or children.
Don’t have the television, radio, or music on in the background or logon in a public place. A court session is not the place for background white noise.
Do present yourself on the virtual hearing as if you were in person in front of the judge. Impressions still matter even in a virtual world.
Don’t display a background that is not appropriate for court or, most importantly, turn on any filters causing you to appear as a cute, fuzzy feline.
Call Stauff & Gross, PLLC at (919) 783-1260 for representation, assistance, or advice with an upcoming virtual hearing
Much has changed with how Family Court is run in Wake County over the last nine months during COVID restrictions. The biggest change is that the morning calendar is now run remotely by WebEx. The assigned judge will call that day’s cases and then tell attorneys and parties the time and location (either in-person or remote by WebEx) their respective cases will start.
Some cases must take place in-person. Examples include permanent custody matters, trials on property distribution, or hearings to modify orders. The parties can consent to these matters occurring remotely with the approval of the judge. However, domestic violence and contempt matters must be heard in-person. Other issues can happen remotely by WebEx and those include hearings on temporary custody or short motions.
For remote hearings you will need reliable Internet and a device that has a camera and microphone say you can be seen and heard as well as speakers and a screen so you can hear and see what happens. Specific rules also apply to the distribution and use of exhibits for remote WebEx hearings or objecting to WebEx hearings.
This process has evolved and changed several times over the last nine months so it is important to keep up to date on any changes. Contact our office at 919-783-1260 for a consultation to see how these changes affect your case in Family Court. Our office can also assist if your case is in a different county but you should review any specific rules or changes for your specific county on the website for the NC Administrative Office of the Courts. More information can be found here: https://www.nccourts.gov/covid-19
You are most likely still responsible for any child support or spousal support obligations if you are one of the many whose income is affected with the current “stay at home” order or—even worse—lost your job. If your amount is part of a court order that amount is due on the date ordered.
However, that obligation amount can change if you experience a “substantial change of circumstances.” The loss of income or employment due to recent events may very well qualify as a substantial change in circumstances. In order to seek relief from the payments you owe per a court order, you must file a motion to modify. If you file a motion to modify the amount now the court may retroactively change the amount back to the first of the month after you filed your motion.
Every case is different though, so it is important that you consult with an attorney. Contact our office at 919-783-1260 now to set up a consultation with one of our attorneys to discuss modifying your support obligation.