VanderKam v. VanderKam, 776 F.3d 883 (D.C. Cir. 2015)
(a) Facts: Before the parties were divorced, the wife was the death beneficiary of the husband’s retirement plan. The parties were divorced in Texas. Their divorce decree was silent on survivor benefits, but awarded the husband all rights existing because of his employment. Continue reading →
Yale-New Haven v. Nicholls, 788 F.3d 79 (2d Cir. 2015)
(a) Facts: A husband and wife were divorced in Connecticut in 2008. The divorce decree incorporated a settlement agreement, which provided that the husband would transfer to the wife half of the marital share of his retirement benefits. No QDRO was entered to enforce this language, and the husband did not make the required transfer to the wife. Continue reading →
Hughes v. Comm’r, T.C. Memo. 2015-89, 2015 WL 2180505 (2015)
(a) Facts: A husband owned stock in a consulting business that was growing in value. He was afraid that if he retained the stock, his former wife would seek to reopen their divorce decree. He therefore gave the stock to his present wife. Continue reading →
Muniz v. Comm’r, T.C. Memo. 2015-125, 2015 WL 4126356 (2015)
(a) Facts: A Florida separation agreement provided that the husband would pay wife $1,000 per month in alimony. The husband did not pay on time, and the court entered an enforcement order directing the husband to pay $6,000 in alimony due under the agreement. The husband paid this amount. Continue reading →
Milbourne v. Comm’r, T.C. Memo. 2015-13, 2015 WL 393040 (2015)
(a) Facts: A husband and his wife separated. She proposed a separation agreement, which required him to pay $6,000 per month in alimony. The husband refused to sign this agreement, as he did not want to pay more than $2,500 per month in alimony.
The parties could not agree upon an amount of support and no agreement was initially signed. While the parties were negotiating, the husband paid the wife $36,000 in monthly payments of varying amounts, usually $2,000 but sometimes $4,000 or $5,000. After a total $36,000 had been paid, the parties signed an agreement calling for support of $4,500 per month, with certain possible future reductions.
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 →
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.
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
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.
This 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 →
North Carolina Divorce Lawyers Blog