COVID-19 UPDATE: Woodruff Family Law Group Remains Open and Operational - More Information Click Here.
Published on:

Culwick v. Wood, 384 F. Supp. 3d 328 (E.D.N.Y. 2019)

(a) Facts: Husband and wife were divorced. Their divorce decree incorporated a separation agreement. The agreement provided:

[T]he Husband shall otherwise retain all pensions and annuities acquired by him at any time, including during the term of the marriage. . . . The Wife waives any claims she might have in and to these benefits including the right to be named as a survivor beneficiary.

384 F. Supp. 3d at 335. The agreement further provided that “nothing herein contained shall require either party to renounce or disclaim any gift, devise or bequest which he or she may be given by the other’s Will, Trust, or other document.” Id.

The husband died. At the time of his death, the wife was still named as the survivor beneficiary of his retirement plan under a predivorce designation. The husband’s estate assigned its claim to the husband’s father. The plan paid the survivor benefits to the wife, and the father sued the wife to recover the amount paid.

(b) Issue: Who is entitled to the husband’s survivor benefits?

(c) Answer to Issue: His father. Continue reading →

Published on:

Miletello v. RMR Mech., Inc., 921 F.3d 493 (5th Cir. 2019)

(a) Facts: Husband and wife were engaged in divorce proceedings. A settlement agreement awarded to the wife $500,000 of the funds in the husband’s 401(k) plan.

Before the husband complied with the order, he died. Two days later, the state court incorporated the settlement into a court order. Fifteen months later, the state court entered a QDRO ordering the plan to pay the ex-wife the $500,000.

Published on:

Christopoulos v. Trout, 343 F. Supp. 3d 812 (N.D. Ill. 2018)

(a) Facts: Husband filed a divorce action against wife in Illinois. Immediately thereafter, he changed the beneficiary of his employer-provided group life insurance, naming a series of relatives in varying percentages.

The wife immediately asked the divorce judge to order the husband to name the children as beneficiaries. The trial court properly entered a handwritten order granting the relief requested.

Published on:

Garcia Tatupu v. Bert Bell/Peter Rozelle NFL Player Ret. Plan, 296 F. Supp. 3d 407 (D. Mass. 2017), aff’d, 747 F. App’x 873 (1st Cir. 2019)

(a) Facts: The husband, a former NFL football player, was divorced from his wife in Massachusetts in 1997. The decree incorporated a separation agreement, which provided: Continue reading →

Published on:

Siegel v. Comm’r, T.C. Memo. 2019 11, 2019 WL 643186 (2019)

(a) Facts: Husband and wife were divorced in New York. The final decree ordered the husband to pay to the wife spousal maintenance of $10,110 per month. The husband failed to pay, and the wife filed enforcement proceedings. The court found the husband in contempt and threatened to imprison him unless he paid $225,000 to the wife.

The husband paid the sum required and then deducted it as alimony on his 2012 tax return. The IRS assessed a deficiency on the basis that the $225,000 was not alimony, and the husband appealed to the Tax Court. Continue reading →

Published on:

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

So, you have these sexual images of your ex in North Carolina that you think will embarrass him, but you should think twice before posting them on Facebook or publishing them anywhere else. Publication of naked pictures or other private images of a person without consent not only can subject you to serious civil action but also is a criminal act. NCGS Section 14-190.5A. You cannot transfer, publish, distribute, or reproduce sexual images of your ex. Further, you cannot use these images in any manner. Continue reading →

Published on:

Separation can leave you lonely and adrift. There might be a few people you can turn to in Greensboro, but be careful who you share the details of your divorce with. What might seem to be a therapeutic release can turn out to be a train wreck. Here are a few more people that can seem less tolerable during your time of troubles. Continue reading →

Published on:

Divorce is a significant life-changing event. If you’re going through this process, you may feel like you’re walking around Greensboro on a tight-rope with no net. Anything could set off your powder keg of emotions. As you try to get a handle on life, here’s four more people that might make you lose your grip. Continue reading →

Published on:

Domestic abuse is a serious matter, and one not to be taken lightly. Sometimes, it is almost unimaginable. Mystery abounds. Why does one person hurt someone they love? And, moreover, why does someone who is hurt stay with the abuser? There are four types of abuse: physical, sexual, emotional/psychological, and neglect. The cycle of violence is a repetition of the following: 1) tension building; 2) acute violence; 3) reconciliation/honeymoon; 4) calm. And then, it starts over. In Guilford County, North Carolina, one can start with Family Service of the Piedmont or the Justice Center, both in downtown Greensboro. Continue reading →