Contreras v. Comm’r , T.C. Memo. 201912, 2019 WL 980695 (2019) (a) Facts: Husband and wife had two children. The husband ran a construction business, while the wife was a homemaker. The parties were divorced in 2011. The husband brought into the marriage a piece of real property called Lot…
Articles Posted in Domestic Violence
Domestic Violence and Joint Tax Returns
Hiramanek v. Comm’r, T.C. Memo. 201692, 2016 WL 2763870 (2016), aff’d, 745 F. App’x 762 (9th Cir. 2018) (a) Facts: The husband prepared a joint tax return for tax year 2006 and asked the wife to sign it. She refused to sign without reading it, and he permitted her to…
Alimony Tax and Good Faith
Faust v. Comm’r, T.C. Memo. 2019 105, 2019 WL 3938725 (2019) (a) Facts: Husband and wife were divorced in Virginia. The wife was a victim of spousal abuse during the marriage. She was Hispanic; English was not her first language. A divorce settlement agreement, incorporated into the divorce decree, required…
Battered Woman Syndrome
Domestic abuse is a serious matter, and one not to be taken lightly. Sometimes, it is almost unimaginable. Mystery abounds. Why does one person hurt someone they love? And, moreover, why does someone who is hurt stay with the abuser? There are four types of abuse: physical, sexual, emotional/psychological, and…
Domestic Violence and Criminal Action
By Carolyn Woodruff, JD, CPA, CVA, North Carolina Family Law SpecialistOften questions arise when domestic violence involves an assault in North Carolina. I write for the Rhino Times and have for several years. My column is Ask Carolyn. Here is a question and answer on the domestic violence topic in August 2019. Whether it is Greensboro, Asheboro, or any other…
Woman Tries to Remove Waiting Period for Spouses Divorcing Due to Domestic Violence
In North Carolina, a law that imposes a cooling off period can present a difficult problem if one spouse is being battered. Recently, Woman’s Day ran a piece about domestic violence and the difficulties of being an abused spouse who needs to get a North Carolina divorce. The article led…
Ask Carolyn: How do I Defend Myself Against a 50B Protective Order?
Dear Carolyn, My wife keeps threatening me with a 50B. We do argue, but I have never laid a hand on her or even threatened her. She says in court it will be her word against mine. Is there anything I can do to protect myself? I don’t want to…
What Happens When My Domestic Violence Protective Order Expires?
Dear Carolyn, I have a domestic violence protective order, but the one year expires next month. I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still…
Return of Firearms After a Domestic Violence Protective Order
Dear Carolyn, I want my guns back. My ex-wife filed a 50B for domestic violence that never happened, and the judge took my guns away. The incident, she fabricated, didn’t even involve a gun. The year is up, so how do I get my guns back? Carolyn Answers… Unless…
Crazy Soccer Mom!
Dear Carolyn, The ex-wife of my new husband is constantly calling my cell phone, following me in my car, and making faces at me at the children’s soccer game. I get texts from her calling me names. She even threatened to come to my work. I feel intimidated. Can I…