In re NNB, COA 19-261 (Unpublished opinion) The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a…
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Public Records, Public University and Sexual Assault – Which Laws Hold Sway?
A few years ago, when our state’s leading public university was hit with a public records request regarding a campus sexual assault, the school’s response led to a Constitutional standoff. The United States is a republic where the states have a great deal of autonomy, but what happens when a…
Reducing Stress and Anxiety During the COVID Lockdown
The Centers for Disease Control and Prevention (CDC) has stated that fear and anxiety related to the COVID-19 outbreak can be overwhelming and can cause increased emotional issues in both adults and children. People that may experience greater levels of stress include those who are at higher risk due to…
When Bonnie and Clyde Get Divorced
Benson v. Comm’r, T.C. Memo. 2018157, 2018 WL 4520083 (2018), aff’d, 774 F. App’x 339 (8th Cir. 2019) (a) Facts: Wife owned a corporation that maintained and collected revenue from St. Louis parking meters. She fraudulently overbilled the city, was convicted, and went to prison. While she was in prison,…
Innocent Spouse Relief Isn’t A Fallback
Rogers v. Comm’r, 908 F.3d 1094 (7th Cir. 2018) (a) Facts: Husband and wife filed a joint tax return for 2004. The IRS assessed a deficiency, and the parties sought review in the Tax Court. The Tax Court held for the IRS. Three years later, the wife filed a petition…
The Uniform Interstate Depositions and Discovery Act in North Carolina
North Carolina adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. North Carolina is one of the 42 states that have adopted the UIDDA for the sole purpose of making discovery by duces tecum and depositions easier and requiring less interaction with the court system in having to…
Revenge Porn: What Is It and How You Can Be Punished for Exposing Your Ex
Have you taken intimate pictures of your current or former partner? Before you decide to post that image on social media, share it with friends, or try to get revenge with these private images, there are a few things you should know. Publishing, reproducing, or distributing these images could potentially…
Be Careful What You File For!
Abdelhadi v. Comm’r, T.C. Memo. 2018183, 2018 WL 5609201 (2018) (a) Facts: Husband and wife were married in 2014. Before getting married, they were romantically involved with one another and had both a daughter and a son. The IRS received a joint tax return for tax year 2007, in which…
“Location, location, location…”
Schwartz v. Bogen, 913 F.3d 777 (8th Cir. 2019) (a) Facts: Husband and wife were divorced in New Jersey in 1983. The divorce decree incorporated a settlement agreement. The agreement provided that if the wife remarried between 1986 and 1990, the husband would pay her, “as equitable distribution, a yearly…
Who is entitled to benefits?
Culwick v. Wood, 384 F. Supp. 3d 328 (E.D.N.Y. 2019) (a) Facts: Husband and wife were divorced. Their divorce decree incorporated a separation agreement. The agreement provided: [T]he Husband shall otherwise retain all pensions and annuities acquired by him at any time, including during the term of the marriage. .…