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North Carolina Divorce Lawyers Blog

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Tax Evasion and Asset Transfer Between Spouses

In Cotroneo v. Commissioner the Commissioner of Internal Revenue determined that Cotroneo and her husband had a tax deficiency of $15,288 and a penalty of $3,058. The U.S. Tax Court heard the case, in which the issue at question was whether Cotroneo failed to report $122,500 of taxable IRA distributions,…

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Can Surviving Spouse Pension Benefits be Transferred to a Former Spouse Instead of a Current Spouse?

In the case of Hopkins v. AT&T Global Information Solutions Co., the U.S. District Court ruled on cross-motions for summary judgment. The main issue in this matter was regarding the award of surviving spouse benefits to a former spouse rather than a current spouse. Hopkins was married to her husband…

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Who Gets Fido? Navigating Pet Custody During a Divorce

May is National Pet Month, when we celebrate the special role pets play in our families and in our hearts. Divorce is rarely a smooth process, but when children or pets are involved, things can get nasty quickly. While custody arrangements around children often involve splitting time between the two…

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Can Innocent Spouse Relief Help in Cases Involving Financial Abuse?

Filing taxes can be complicated in the best of situations, but when there are complex factors involved, like financial control by one spouse, the outcome is not always equitable. The Internal Revenue Code Section 6015 provides a remedy for some spouses facing tax deficiencies, but there are strict qualifications for…

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Mother’s Day During A Custody Dispute: Tips for a Meaningful Holiday

Mother’s Day is supposed to be a time of celebration and connection when we honor the women who brought us into this world and raised us.  But for mothers in the midst of a custody dispute, enjoying the holiday can be much more complicated both emotionally and logistically.  Whether you’re…

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Who is Considered a Habitual Felon in North Carolina?

In North Carolina, a habitual felon is someone who has been convicted of or pled guilty to three felonies. These defendants may be indicted as habitual felons if they have been designated as such and have been charged with another felony. North Carolina law also states that a defendant may…

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Are Spouses Always Held Liable for Each Other’s Tax Obligations?

North Carolina spouses who file federal taxes jointly are typically liable for the taxes that are due when they file. This may create issues and complications in a number of scenarios, but there is an exception to this rule if one spouse seeks to be relieved from liability. Requesting equitable…

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Proving Economic Hardship for Relief Under I.R.C. § 6015(f)

For spouses and ex-spouses facing economic hardship and seeking equitable relief from joint and several tax liability, filing a request for relief under federal law may be an option. The Internal Revenue Code (I.R.C.) provides an exception to the usual rule that spouses are liable for each other’s tax debt…

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What are the Requirements for Head of Household When Filing Taxes?

Which filing status is the best option for you on your federal income tax return this year? More than one may apply, such as deciding with your spouse whether to file jointly or separately, but if you plan on filing as head of household, you must be sure you meet…

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Are Social Security Numbers Required to Claim Children on Federal Tax Returns?

Members of some religious groups can submit a request to be exempt from the Social Security tax, but this choice may limit the tax credits you can claim on your federal return. For example, in order to claim a child tax credit, your child must have a Social Security number.…

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