Scott v. Scott, 2021-NCCOA-636 (unpublished). In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father…
Articles Posted in family law
Washington State Decides Pets Are Property
https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/ Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings,…
“Adele 30”
Unless your home is under a rock, you probably know that Adele released her fourth studio album on November 19, 2021. This is Adele’s first new music since the release of her third studio album in 2015. It has been six years since Adele fans have been graced with her…
Thanksgiving: A Time to be Thankful
Thanksgiving is always a time of year that I look forward to. Every Thanksgiving my family reconvenes under the same roof to eat amazing food and swap stories. It is a time when you are truly able to slow down and enjoy each other’s company as a prelude to the…
Student Loans and Divorce
Purvis v. Purvis, 2021-NCCOA-616 (2021). It can be safely said that a majority of the parents in North Carolina want to see their children succeed. And to ensure that success, parents often take on large burdens to provide their children with as many opportunities as possible, including helping them with…
Alimony Deductions
Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to.…
Are Spouses Entitled to their Deceased Ex-Spouse’s Benefits?
In a divorce that includes a retirement plan, a domestic relations order (DRO) is issued by the state court to assign benefits from the employer to another person (usually the employee’s spouse, known as the alternate payee). The retirement plan that administers these benefits must receive this order. Certain federal…
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…
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…
The North Carolina Regulatory Sandbox Act
North Carolina recently enacted a new law that formed a regulatory sandbox for financial and insurance technologies (often termed Fintech and Insuretech). It also commissioned the formation of an “Innovation Council” that serves to receive and approve applications for “entry” into the so-called sandbox. This new law will be codified…