While nothing in this article should be viewed to condone the horrific acts of Christopher Lee Neal, age 42, who shot at a social services worker after children were taken from his home, the event should be a wake up call for the Department of Social Services (DSS). Apparently this…
Articles Posted in domestic violence
If you coerce your spouse into filing a joint tax return, don’t expect to be granted innocent spouse relief
Hiramanek v. Comm’r, T.C. Memo. 2016-92, 2016 WL 2763870 (2016) 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 take a quick glance at the return. She noticed that…
Playing the Blame Game
In recent legal news, the Mississippi state Senate has passed new legislation that will have citizens of Greensboro and divorce attorneys alike glad that we live in North Carolina. Unlike North Carolina, Mississippi law recognizes both fault-based and no-fault divorces. If the requirements are not met for a no-fault divorce,…
The Responsible Individuals List and Its Consequences
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupThe name “Responsible Individuals List” may sound like an accolade to parents; however, this is a misnomer. For those unfortunate enough to find their family in the midst of an investigation of child abuse, neglect, and dependency the List is likely to be mentioned. It is important that anyone who…
The Taxpayer Who Cried Wolf (Hardin v. Comm’r)
Hardin v. Comm’r, T.C. Memo. 2016-141, 2016 WL 4006806 (2016) Facts: Husband and wife were married in During the marriage, the husband was partner in a law firm, and he also ran a sports management business. The wife was owner and president of a financial planning company. The husband was…
Child Abuse and Spousal Privilege
by Jennifer Crissman, Woodruff Family Law GroupAs a parent, it is a nightmare even to imagine your child being harmed. But for some families in the Piedmont, this is a grim reality. The scenario turns even darker when there are allegations that your spouse harmed the child. This places the parent in a terrible position: trying…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 12 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupIn the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 11 of 12 Parts
by Jennifer Crissman, Attorney, Woodruff Family Law GroupIn this installment of our series for family law practitioners in Guilford and surrounding counties, we will discuss the case of State v. Burgess. In our hypothetical scenario, the two children made statements to their grandmother about the abuse by their uncle. Although the timing and circumstances surrounding the statements…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 10 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupIn part 10 of our practical series for family law attorneys practicing in the Piedmont Triad, we will review the case Matter of Lucas which provides guidance on hearsay statements made to physicians regarding sexual abuse. In our scenario in part 1 of the series, the two children told their…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 9 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupPart 9 of our continuing series for family law attorneys practicing in Guilford and surrounding counties focuses on the admission of hearsay from social workers and the Department of Social Services. When there is a case that has allegations of abuse, there will likely be intervention from the Department of…