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Articles Posted in alimony

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Unpredictable Bonuses and Alimony

Finn v. Finn, COA 19-520 (Unpublished opinion) Alimony can be a complex element in divorce.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…

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Facing the Music: Innocent Spouse Relief

Henry v. Comm’r, T.C. Memo. 201924, 2019 WL 1385242 (2019)    (a) Facts: Husband and wife married in 1997 and divorced in 2013.  While the divorce case was pending, the parties filed a joint income tax return for tax year 2012.  The return did not report $14,650 in income earned…

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“Not for Profit”…Part 2

Lucas v. Comm’r, T.C. Memo. 2018‑80, 2018 WL 2948427 (2018)   (a) Facts: The parties divorced in Florida in 2011.  While the divorce was pending, the husband was in the process of liquidating his business, Vicis Capital, LLC.  He received, while the action was pending, $4.7 million in distributions. Florida…

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“Not for Profit” … Part 1

Barry v. Comm’r, T.C. Memo. 2017-237, 2017 WL 5899406 (2017)   (a) Facts: When the parties were divorced, the husband agreed to pay the wife $2,400 per month in alimony.  Twenty-four years later, the husband filed an action against the wife in federal court for breach of contract, arguing that…

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“Til’ Debt Do Us Part”…Bankruptcy and Alimony Settlements

Davidson v. Comm’r, T.C. Memo. 2018-38, 2018 WL 1611811 (2018)   (a) Facts: The parties were divorced by an Arkansas court, and the divorce decree divided the parties’ debt.  Within a few days after the decree was entered the judge sent the parties a letter, which stated: When I made…

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Ask Carolyn: Can I Get More Alimony?

Carolyn Woodruff, J.D., C.P.A, C.V.A.

Dear Carolyn, I have received spousal alimony since a 2003 court order until death. I would like to get an increase because of the economy. My ex-spouse receives three times my social security and retirement. His home is paid for and he owes three motor vehicles. His social security and…

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Ask Carolyn: My Soon-to-Be Ex Would Rather Get Alimony Than Work!

Carolyn Woodruff, J.D., C.P.A, C.V.A.

Dear Carolyn, I work and make a good income.  During our marriage, my wife worked for a while, but stopped when we had children.  She has and maintains a CPA license.  We have a 15-year-old with some discipline problems and ADHD.  We are divorcing, and I think she should go…

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Ask Carolyn: Is My Ex Cohabiting? Will that Terminate My Alimony?

Carolyn Woodruff, J.D., C.P.A, C.V.A.

Dear Carolyn, My ex is receiving alimony, which I obviously do not want to pay.  She has a son, by another marriage, who is a heroin addict.  My ex-wife began dating shortly after our divorce, and she seems quite entrenched with this guy.  He stays over at my ex’s on…

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Ask Carolyn: Facebook Posts as Evidence in Custody Cases

Dear Carolyn, My ex is all over Facebook about what she did with the kids during Spring Break. She apparently took some young woman with her to babysit so she could spend more time with her boyfriend on the Florida beach. She posted my little boy “buck naked” on the…

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