Harris v. Harris, 352 S.E.2d 869, 84 N.C.App. 353 (N.C. App. 1987) In the case above, the plaintiff was ordered to pay to defendant an Equitable Distribution (ED) distributive award in the amount of $23,706.82, but payment of the award was postponed until the parties’ youngest child reached age 18…
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Was Income Reduction in Bad Faith?
Mendez v. Mendez, 2021-NCCOA-680 (2021) Facts: Plaintiff was ordered to pay defendant $2,271 per month in child support pursuant to a child support order filed in 2015. In 2018, Defendant filed a motion to modify child support. Defendant’s monthly gross income was $3,964. She asserted that the children’s needs have…
Enjoying a New Year’s Resolution
Every January 1, countless people make resolutions to change the type of person they will be for the next calendar year. Favorites areas for improvement are health, education, and motivation. I will exercise at the gym every day. I will become vegan. I will read 100 novels by the end…
Non-Fungible Tokens: Copyright Legal Issues
In our last post, we wrote and talked about the basics of non-fungible tokens, or NFTs. They have some value on the market, and when things have value there will be a fight. When I first heard that a Nyan cat NFT sold for hundreds of thousands, and then when…
Non-Fungible Tokens: The New Frontier
We’ve recently been writing about virtual currency, blockchains, and a regulatory sandbox for Fintechs. If you follow any of those topics with interest, you’ll very likely have heard of non-fungible tokens, or NFTs. NFTs are no longer questionable internet pictures but have moved into the mainstream. (Even Dolce & Gabbana…
When Can the Jury Consider Revenge Porn?
Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home…
COVID-19 Conspiracies and Custodial Interference
We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard…
The No-Contact Order and Harassment
North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they…
Thanksgiving: A Time to be Thankful
Thanksgiving is always a time of year that I look forward to. Every Thanksgiving my family reconvenes under the same roof to eat amazing food and swap stories. It is a time when you are truly able to slow down and enjoy each other’s company as a prelude to the…
Alimony Deductions
Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to.…