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Articles Posted in Appellate

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Baker Stops the Show: Estoppel and Separation Agreements

In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court. Baker v.…

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Innocent Spouse Relief: Read Before Signing (Yancey v. Comm’r)

Yancey v. Comm’r, T.C. Memo. 2017-59, 2017 WL 1289451 (2017) Facts: A husband and wife filed joint returns. The returns were prepared by the wife. The returns understated the amount of tax due, mostly because they wrongly double-counted certain gambling losses incurred by the husband. The IRS assessed a deficiency.…

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“Doctor, Doctor, give me the news……”

By: Leesa M. Poag, Attorney, Woodruff Family Law Group

Recently, the North Carolina Court of Appeals has taken steps to hold medical professionals accountable when they become involved in legal proceedings.  Family law attorneys in North Carolina are familiar with the process of a custody evaluation performed by a licensed psychologist.  The Court of Appeals recently held that these…

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Cross-Appeals: Timing is Everything (Slaughter v. Slaughter)

Jennifer A. Crissman, Attorney

Timing, as they say, is everything, and if you are appealing an Order in North Carolina, this is particularly true. Slaughter v. Slaughter, No. COA16-1153 was decided by the North Carolina Court of Appeals on July 18, 2017. While there were multiple issues on appeal, the issue that sticks out…

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“To Pay or Not to Pay” (New v. New)

At the heart of many family law related disputes lie arguably the most difficult decisions regarding the children and their futures.  At times it may seem unlikely that individuals in the midst of a divorce will ever agree on anything; fortunately, ensuring that any children involved receive a quality education…

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Permanent vs. Temporary Custody Orders on Appellate Review (King v. Giannini-King)

King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016). Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children.…

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No Second Guessing the Evidentiary Supported Value of Marital Property (Chafin v. Chafin)

Sade Knox, Intern

Chafin v. Chafin, 791 S.E.2d 693 (N.C. Ct. App. 2016) Facts: In late 1988, Plaintiff and Defendant entered into a marriage that lasted about twenty years before the parties separated in June of 2008. During the years of the marriage, Defendant was an owner of a close to non-profiting auto-sales…

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Separations and Void Modifications (Kelley v. Kelley)

Sade Knox, Intern

Kelley v. Kelley, T.C. Memo. 2017-798, 2017 WL 1251018 Facts: Husband and wife were married in 1982. They later entered into a Separation and Property Settlement Agreement upon their separation in 1994 (the “1994 agreement”). The two later divorced in 1999. The 1994 agreement resolved several issues between the two…

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