Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Sneed v. Johnston Jason Sneed, Plaintiff,…
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower…
Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Because each equitable division of property is based on…
North Carolina law allows modification of alimony orders based on changed circumstances of either party, paying or receiving alimony. The same factors used for establishing alimony awards must also be used when determining whether to modify an award. These factors include marital misconduct, the relative earnings and earning capacities of…
North Carolina law states that it is presumed that all property acquired between the date of marriage and separation is considered marital property, which includes business interests. When determining the value of businesses, goodwill is often a component of the valuation. This includes intangible assets like brand reputation, intellectual property,…
Among the most complex issues involved in divorce cases is the distribution of retirement benefits through the entry of Qualified Domestic Relations Orders (QDROs). Retirement plans that are governed by the Employee Retirement Income Security Act (ERISA) must be divided by QDROs, and alternate payees of such plans can be…
Qualified Domestic Relations Orders (QDROs) are used to divide certain retirement plans and award a portion of the funds to an alternate payee. QDROs are typically used as part of the distribution of assets and property in a divorce, and the alternate payee is typically a spouse or former spouse.…
Divorce decrees often include terms regarding the division of property, like bank accounts and real estate, but these court orders do not always have the authority to distribute every asset. Typically, a qualified domestic relations order (QDRO) must be used to divide and distribute rights to pension funds and certain…
In North Carolina, a habitual felon is someone who has been convicted of or pled guilty to three felonies. These defendants may be indicted as habitual felons if they have been designated as such and have been charged with another felony. North Carolina law also states that a defendant may…
Members of some religious groups can submit a request to be exempt from the Social Security tax, but this choice may limit the tax credits you can claim on your federal return. For example, in order to claim a child tax credit, your child must have a Social Security number.…