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Iglicki v. Comm’r, T.C. Memo. 2015-80, 2015 WL 1886010 (2015)

(a)  Facts: A Maryland separation agreement required a husband to pay $735 per month in child support to a wife. If the husband defaulted on child support, he would immediately become liable for $1,000 per month in spousal support. Liability would continue until the wife died, the husband died, or the husband made 36 payments. The agreement was incorporated into a Maryland divorce decree.

The husband defaulted on child support and thereby became liable for spousal support. The husband’s wages were eventually garnished by a Colorado court. He took an alimony deduction for the total amount paid. The IRS disallowed the alimony deduction and assessed a deficiency Continue reading →

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Dear Carolyn,

My ex is posting all kinds of things about me on Facebook. She calls me names like bastard, devil, asshole, and you name it. She doesn’t even have privacy settings on her Facebook, so I fear that my (our) children who are ages 13 and 15 may somehow get access. She also said: “I hope to run my ex over with my car next time he comes for the children,” which I take as a threat. Can I stop this? I am filing a case for custody.

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Dear Carolyn,

I am a mother of girls ages six and ten. I am separated, and I have half custody. I work hard, and the girls sometimes create havoc. I spanked the six-year-old with a belt, just like my mother did me. My church belief is “spare the rod and spoil the child.” Child Protective Services showed up at my house to investigate. Should I be concerned?

~Scared

 

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1.     Change your email address and password when you begin your family law case. Change your computer and cell phone, if possible. Electronic devices, computers, and cell phones can be serious “leaks” of information and strategy in your case.

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Moscow Legends 2015This day, June 9, was one of the most interesting days of my life. Alosha and I were set to perform at the Kremlin Palace, in Star Duo—a one day show similar to Dance Legends in New York City. Dwight and I planned nothing else for the day as it would be full of getting ready for the show. Continue reading →

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1.  What is the date of marriage?  Prior to October 2014, same-sex couples could not marry in North Carolina. But what date of marriage will North Carolina recognize if the same-sex couple was earlier married or entered into a civil union in some other state before October 2014?   The date of marriage is obviously critical in equitable distribution as marital property is created from the date of marriage to the date of separation.  The North Carolina legislature has not dealt with this important date of marriage issue (civil union date) where the couple married (created a civil union) in another state prior to October 2014.

a. Arguably, the date of marriage is the date of the marriage license and ceremony in a state that recognized same-sex marriage on the actual date of the marriage.  North Carolina should recognize that original marriage date because the couple could return to the state of the marriage and get a divorce.

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North Carolina General Statutes Section 50-20(b) (4) defines divisible property. Divisible property covers certain values created post-separation.

A husband that continued to work in a dental practice post-separation did not create active appreciation.   Husband did not change anything about his business methods to increase business. The growth between the date of separation and the date of trial is presumptively divisible, and husband did not rebut the presumption. The increase in the dental practice was passive and was therefore not divisible property.  Romulus v. Romulus, 215 N.C. App. 495, 715 S.E.2d 308 (2011).

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by Jon Csuka, Attorney, Woodruff Family Law Group
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-News Release-

Take note that Guilford County is participating in a pilot program with regard to the e-filing of 50-Bs/DVPO. We are the first county in the State to put these procedures into place.

All 50-B complaints will be E-filed from the Family Justice Center located at 201 S. Greene St., 2nd Floor, Greensboro, NC 27401, (336) 641-SAFE (7233). I was able to go to the FJC for the grand opening. If you have an opportunity to go over and get a tour it would be a good thing – it will be a tremendous resource for victims of domestic violence. It is located directly across the large courtyard in front of the main entrance of the Courthouse on Greene Street.

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I look at success as achievement of goals at three points in time. Time is the magic gift that we all have, and we must use time wisely.  There is success at the current moment and being in the now. There is success for intermediate goals, perhaps those to be accomplished this year. Then there are those long-term goals of continuing to reinvent me and adapt to the changing world. Continue reading →

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By: Carolyn Woodruff, JD, CPA, CVA
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We have an uneventful Delta flight from Kennedy Airport leaving around 4:30 PM in New York (KJFK) to Moscow (KSVO) arriving around 9 AM. Dwight Ensley (my husband), Alosha and I are greeted at the Moscow Airport by Arina Demina, soon to be a Russian lawyer and to be our guide for the week. She is holding pink hydrangeas and roses, which she gives to me. Arina welcomes Alosha and me as Dance Legends. There are 4600 miles between us and New York City and a seven-hour time difference. I hope this week to explore many legal issues related to family law, as surely there is a solution for the children of the world and state interference with families and children. Continue reading →