North Carolina spouses who file federal taxes jointly are typically liable for the taxes that are due when they file. This may create issues and complications in a number of scenarios, but there is an exception to this rule if one spouse seeks to be relieved from liability. Requesting equitable…
Articles Posted in family law
Proving Economic Hardship for Relief Under I.R.C. § 6015(f)
For spouses and ex-spouses facing economic hardship and seeking equitable relief from joint and several tax liability, filing a request for relief under federal law may be an option. The Internal Revenue Code (I.R.C.) provides an exception to the usual rule that spouses are liable for each other’s tax debt…
Actively Participating in Your North Carolina Divorce Case is Crucial
Spouses going through the divorce process should not necessarily assume that the facts will speak for themselves or that they don’t need to take an active role in their divorce proceedings. Important matters are discussed at each hearing; every document the court asks for is vital to the case; and…
A Holiday Toast to Family Law
Ladies and gentlemen, if I may have your attention, Let’s raise a glass to the Woodruff Family Law team, Where we stand together, ready to share, In this journey of life where we take legal care. To the divorce court drama, where we’re on the front line, Helping folks…
Does a Change in Income Warrant an Adjustment to Alimony Payments in North Carolina?
When requesting a modification to spousal support, the requesting party must show that there has been a substantial change in circumstances to warrant an adjustment. A spouse paying support may believe that a decrease in their income is sufficient to establish a change in circumstances, but do North Carolina courts…
Which Parent Gets Legal Custody in North Carolina?
Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most…
Can a North Carolina Alimony Claim be Dismissed for Adultery?
North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other…
Could I be Required to Pay My Spouse’s Attorney Fees in a Divorce?
A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good…
Court Venues in North Carolina: Where Should Divorce Complaints be Filed?
The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case…
Can Courts Grant Equitable Distribution and Alimony to Unmarried Couples in North Carolina?
On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If…