Articles Tagged with family law

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Finn v. Finn, COA 19-520 (Unpublished opinion)

Alimony can be a complex element in divorce. How much is fair and reasonable, how it is categorized for tax purposes, or even whether it is owed at all are matters often left to the discretion of judges. Here in the Piedmont area of North Carolina, we had a case that required some back-and-forth among the judges to get it right.

Facts: This is a previously remanded case from the North Carolina Court of Appeals instructing the trial court to make additional findings for alimony and attorney fees.

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Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929).

Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be, adjudicated with the best interests of the child in mind. The UCCJEA aligns with that cardinal by preventing parents from forum shopping, instead ordering that disputes be litigated in the state with which the child and family have the closest ties. Continue reading →

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Schorse v. Comm’r, T.C. Memo. 2018176, 2018 WL 5270556 (2018)

(a) Facts: Husband was a computer programmer and wife was a physician. During the marriage, the wife earned 80% to 90% of the parties’ income.
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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 chronic diseases, children and teens that may not be able to understand the disease process, front line emergency and healthcare workers, and people that suffer from mental health or substance abuse issues. The added stress during the pandemic can include increased fear and worry about their own or a loved one’s health, changes in sleeping or eating habits, problems with concentration, loss of sleep, worsening chronic mental or physical health problems, or increased use of alcohol and/or drugs.

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In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court.

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By Carolyn Woodruff, JD, CPA, CVA, North Carolina Family Law Specialist

Often questions arise when domestic violence involves an assault in North Carolina. I write for the Rhino Times and have for several years. My column is Ask Carolyn. Here is a question and answer on the domestic violence topic in August 2019. Whether it is Greensboro, Asheboro, or any other North Carolina area, these issues of domestic violence are serious and affect all of us. A reader wrote: Continue reading →