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Divorce and Who Can Claim Minor Children on Tax Returns

The financial impact of a divorce is often one of the longest-lasting challenges that families will face. Divorces can be expensive, even without the changes in household income and bills. This is especially true for divorced couples with children. The way divorced parents approach filing their taxes each year is…

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A Forgotten QDRO – Can One Still Be Obtained?

MCMURRAY V. MCMURRAY, 2023-NCCOA-______ (2023) (unpublished) As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified Domestic Relations Order (QDRO) to receive a retirement benefit, but somewhere in the divorce…

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Entry of QDRO and Statute of Limitations

WELCH V. WELCH, 2023-NCCOA-______ (2023)  Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to…

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Non-Fungible Tokens in Family Law

Last post, we wrote about some cursory copyright issues regarding non-fungible tokens (NFTs). Today, we are going to dive into what happens when NFTs are part of a divorce. While divorce itself is nothing uncommon or new, the NFT craze and how they will be split up is surely uncharted…

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Non-Fungible Tokens: Copyright Legal Issues

In our last post, we wrote and talked about the basics of non-fungible tokens, or NFTs. They have some value on the market, and when things have value there will be a fight. When I first heard that a Nyan cat NFT sold for hundreds of thousands, and then when…

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Non-Fungible Tokens: The New Frontier

We’ve recently been writing about virtual currency, blockchains, and a regulatory sandbox for Fintechs. If you follow any of those topics with interest, you’ll very likely have heard of non-fungible tokens, or NFTs. NFTs are no longer questionable internet pictures but have moved into the mainstream. (Even Dolce & Gabbana…

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Smart Contracts Part 2 – Family Law Applications

In a previous post, we discussed the basics and legal implications of smart contracts built upon blockchain technologies. These smart contracts are one of the highly touted tools that are set to streamline business. The recent law that formed regulatory sandboxes to promote innovative fintech (financial technology) products portends this…

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Smart Contracts Part 1 – Basics and Status at Law

For those readers that are tech savvy and keep up to date with financial developments, the buzzwords cryptocurrency, bitcoin, and blockchain should immediately ring a bell. Another development called smart contracts should also be on your radar. Essentially built upon blockchain and distributed ledger technologies, these smart contracts are one…

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Don’t Wait to Obtain a QDRO

By: Carolyn J. Woodruff, JD, CPA, CVA

Patterson v. Chrysler Group Addendum Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the…

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Timing Your QDRO for Success

Ostanek v. Ostanek, Slip Opinion No. 2021-Ohio-2319 Issues with division of retirement accounts are seemingly springing up all over the place. At heart in most of these cases is a domestic relations order. Those are the orders of court that instruct an entity to, in short, divide the retirement funds.…

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