In re Jeffers, No. 14-52328, B.R., 2017 WL 2838104 (Bankr. N.D. Ohio June 30, 2017) Facts: A husband and wife divorced in Ohio. The divorce decree awarded the wife an interest in the husband’s retirement benefits. Before a DRO was entered, the husband filed a petition in bankruptcy under Chapter…
North Carolina Divorce Lawyers Blog
NFL Ex-Wives and QDROs (Garcia-Tatupu v. Bert Bell/Peter Rozelle NFL Player Ret. Plan)
Carolyn Woodruff, J.D., C.P.A, C.V.A.Garcia-Tatupu v. Bert Bell/Peter Rozelle NFL Player Ret. Plan, No. CV 16-11131-DPW, F. Supp. 3d , 2017 WL 1398645 (D. Mass. Apr. 18, 2017) Facts: The husband, a former NFL football player, was divorced from his wife in Massachusetts in 1997. No DRO was entered at the time. The husband…
DROs and Pension Plans (Dullea v. Pension Benefit Guar. Corp.)
Carolyn Woodruff, J.D., C.P.A, C.V.A.Dullea v. Pension Benefit Guar. Corp., 241 F. Supp. 3d 155 (D.D.C. 2017) Background: There are two ways in which state courts can make a deferred future division of retirement benefits. The traditional method is the shared interest approach, which awards the nonowning spouse a portion of each future payment…
Don’t Wait to Obtain a QDRO (Patterson v. Chrysler Group)
Carolyn Woodruff, J.D., C.P.A, C.V.A.Patterson v. Chrysler Group, LLC, 845 F.3d 756 (6th Cir. 2017) Facts: A divorce decree awarded the wife an interest in the husband’s retirement and survivor benefits, expressly ordering him not to elect a survivor beneficiary other than the wife. The wife did not obtain a QDRO. Upon retirement, the…
Innocent Spouse Relief: Read Before Signing (Yancey v. Comm’r)
Yancey v. Comm’r, T.C. Memo. 2017-59, 2017 WL 1289451 (2017) Facts: A husband and wife filed joint returns. The returns were prepared by the wife. The returns understated the amount of tax due, mostly because they wrongly double-counted certain gambling losses incurred by the husband. The IRS assessed a deficiency.…
Calendar Call?
Prior to the beginning of each session of court, a calendar call takes place. Family law attorneys across the Triad are familiar with this process in which hearing dates are selected prior to an upcoming session of court. Though it may seem simple to select a date for your hearing…
His & Hers: Equitable Distribution
Equitable Distribution, in a nutshell, is giving each party to a marriage what they are entitled regarding property acquired during the marriage. As one of the pillars of many divorce proceedings, it is commonly the most complex aspects, requiring extensive research into the lives of individuals going through a divorce. …
The Third and a Half Wheel: Divisible Property (Daly v. Daly)
The two big classifications of property in all equitable distribution cases are “marital” and “separate” property. These are the ones the get all the attention and are subject to some of the most intense scrutiny and debate; however, there is a third area of property that is equally as important…
Dividing Interest: Closely-Held Businesses
A great aspect of living in the triad area is the rich history of successful businesses that put down roots in the community and prospered over the years. Greensboro is home to very familiar brands such as Wrangler and Volvo, and right down the road is High Point, which is…
Grandparents Listen Up
Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours. The latest “who dun it” was resolved last week with her father Antonio…