Articles Posted in ClientVille

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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 my ruling from the bench last Thursday, I failed to mention the following issues that should be included in the Decree of Divorce:

 

  1. The division of debt ordered from the bench shall be considered as support for Mrs. Davidson [Kelley] and shall not be dischargeable in bankruptcy[.]

 

2018 WL 1611811, at *1.  The court then entered a modified decree, which stated:

 

  1. ALIMONY: In light of the foregoing division of the debts, and real and personal property, and having reviewed all the primary and secondary factors of alimony the Court recited, the Court finds that it is not appropriate to award the Plaintiff [Kelley] alimony in this case. Further, given this Court’s division of the marital property and debt between the parties and because Mr. Davidson’s future income is too speculative to set any kind of time frame on when his income would have to improve for it to inure to the benefit of the Plaintiff [Kelley], the issue of alimony will not be held open to allow Plaintiff [Kelley] to reopen this case and file a petition for alimony in the future.

 

  1. BANKRUPTCY: The division of the debt ordered from the bench shall be considered as support for Mrs. Davidson [Kelley] and therefore shall not be dischargeable in bankruptcy.

 

Id. at *4.

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There are lots of fun activities for families to enjoy in and around Greensboro and Western NC this summer, and it’s especially important for divorced moms to get out there and make some wonderful new memories with their children. Divorce is hard on everyone, but middle schoolers are particularly sensitive. To help ease the pain and strengthen your family bonds, try these ideas on for size.

Greensboro Science Center – If you’re worried your kids’ brains are turning to mush from video games, hop over to the Greensboro Science Center to get them off the sofa and thinking about the way nature works. The zoo and aquarium are packed creatures both cute and creepy, and your middle schoolers will be learning in spite of themselves. And since nobody outgrows their fascination with dinosaurs, be sure to check out the Prehistoric Petting Zoo exhibit.

Old Salem Museums and Gardens – Winston-Salem is home to one of the country’s premiere living history museums, and it’s tailor-made to spark middle schoolers’ imaginations. Pop in and out of buildings at Old Salem to learn about how early settlers made medicine, taught school, and built furniture. Be sure to go on a Saturday to try your hand at old-fashioned baking techniques at the Winkler Bakery, where you’ll help make delicious Moravian cookies and bread. Continue reading →

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Divorce is difficult for families, so it’s especially important for dads and teens to enjoy time together to rebuild their bonds. One of the best ways to do this is by taking advantage of some local activities in North Carolina this summer. Whether you’re looking for a way to spice up your weekend visitations or want a mid-week escape from the ordinary, these five activities are sure to please even the pickiest teens.

Wet ’N Wild Emerald Pointe – Gone are the days when your kids were too little to go on all the rides, so let them cool off on any one of 36 slides at Wet ’N Wild, Greensboro’s own water park. Dare each other to try the 76-foot Daredevil Drop, or challenge your kids to speed to the bottom of the Riptide Racer. If you’re not interested in thrills, there’s a lazy river and plenty of lounge chairs when you need a breather.

The Winston-Salem Dash – Is there anything quite like watching the boys of summer play ball on a balmy evening? BB&T Park in downtown Winston is clean, comfortable, and plenty of fun for teens. Sports fans will love watching tomorrow’s stars show their stuff, but even kids who aren’t that into baseball will enjoy the entertainment between innings. For teens, get tickets for Fireworks Fridays or Live Music Saturdays.

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Divorced moms in Greensboro, North Carolina, know that most teens seem to have no problem spending their days inside on their phone, chatting with their friends and watching videos or streaming shows. But it’s summertime, and the great outdoors is calling. How can you entice them to put the phone on “Do Not Disturb” and join you for some fun? Here are some activities to do with your teenager in and around Greensboro.

Go to Elsewhere – If you haven’t been to Elsewhere, now’s definitely the time to go. This three-story museum housed in a former thrift store can only be described as quirky, and it’s certainly full of SnapChat photos for your teen to send to their friends. Elsewhere is also an artistic collaborative space, with events open to the public. It’s open from Friday through Sunday and admission is $5 per person.

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During and after a divorce, divorced fathers need to be vigilant in helping their children deal with the stress, insecurity, and bewilderment they are likely to feel. This is especially true for middle schoolers who are still susceptible to feeling a wide range of emotions about the divorce, simply because they may not truly understand all the circumstances. Divorced fathers who take the time to engage in a variety of quality activities with their middle schoolers will certainly make a tremendous positive impact and improve the chances of maintaining a healthy, positive relationship.

The State of North Carolina is a treasure trove of fun activities for all ages, and middle schoolers and their divorced fathers will find many things to do right in Greensboro and the surrounding areas of Guilford County.  In the summer in and around the Triad, there’s plenty of things to do both inside and outside. North Carolina is full of amazing parks and lakes, and many of them offer a multitude of activities that divorced fathers and their middle school children can enjoy. Some of the more popular parks in Guilford County include Gibson Park, Northeast Park, Southwest Park, Hagan-Stone Park…and many others.

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by Carolyn Woodruff, attorney, CPA

As has been widely reported, Congress has repealed I.R.C. §§ 71 and 215, thereby eliminating the federal tax reduction for alimony.  In addition, Congress has repealed former I.R.C. § 61(a)(8), which expressly defined alimony as taxable income.

In tax years governed by the new law, alimony will be taxable income to the payor, and will not be taxable income to the payee.

The effective date of the change is as follows:

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By Carolyn Woodruff, JD, CPA, CVA and North Carolina Family Law Specialist

The low conflict divorce might utilize a Bird’s Nest for Child Custody in Greensboro, North Carolina. It is particularly useful if that house won’t sell so no one has money for moving.

Dear Carolyn,

I just read about something that might work in my upcoming separation and divorce. I have two children who are ages eight and ten. We have to sell the marital residence for my husband and me to each buy separate residences. Therefore, we have to live together, I suppose, which is frustrating until we can sell the residence. The residence has been on the market and that we aren’t having a lot of lookers. I just heard about a “bird’s nest.” I am wondering what this is and would it work for us. My husband and I both have parents that live nearby with bedrooms each of us could use until our house sells. Can you explain this further?

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 By Carolyn Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA

In North Carolina, should your parenting agreement contain a provision regarding spanking? A hot topic, and sometimes explosive in a “spare the rod, and spoil the child” mentality. So what does the research say?

Finally, we may have the definitive answer regarding spanking. A new research study looks at the negative effects, both short-term and long-term of spanking children. The study can be found in the December 2018 issue of the magazine Pediatrics. The American Academy of Pediatrics now takes the position that spanking as a form of discipline is “not only completely counter-productive, it may be potentially damaging.” The study “found that spanking fails to improve negative behavior in young children. Instead, it leads to increased aggression in the long run. Corporal punishment may also affect normal brain development by elevating stress hormones.”

Spanking in North Carolina is legal, provided that the spanking does not leave any mark on the child.

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by Tina Ray, Legal Assistant

Children aren’t children for long.  Tiny humans grow into little people with their own personalities and then into young adults with their own opinions and voice.  My daughter is 17 years old and a senior in high school.  I’ve watched her develop from a mini-me to a mature, independent young woman.  Earlier in her education, I would have to continuously ask her about her homework deadlines, school projects, and follow-up to make sure they were completed on time.  But, about two years ago, as a sophomore, she decided that it was time to buckle down and she didn’t need me to do that anymore.  College was looming in her future, and her GPA was important to her.  Her dad and I weren’t consulted about the classes that she needed to register for, and we did not need to know what type of homework or projects she had or when they were due.  McKenzie had matured overnight into a young adult.  I had my doubts, but she has managed to handle her classes and grades all by herself and maintain at least a 3.75 unweighted GPA with Honors and AP classes.   She decided that she wants to go to UNC-Greensboro to study nursing and will start in the fall.

Sports also used to be a big deal.  McKenzie excelled in soccer and softball but discovered travel volleyball at age 11, and our family embarked on a new adventure.  After playing for five years on a great team and traveling to many states to play indoor and sand volleyball, she decided she didn’t love it anymore.  Once again, she began looking forward and decided that she needed to focus on her future and concentrate on school and felt like volleyball would take too much of her time.  She was not interested in playing in college and felt that it was time to move on.  She started working part-time and thus began a new phase.

I write all of this because I want parents to know that kids grow up fast.  We blinked, and McKenzie has become her own person with her own hopes and dreams.  She doesn’t need us as much anymore.  I can remember feeling that overwhelming feeling of having young children, trying to work and maintain a home.  I would never “catch up” with everything that needed to be done.  Now, my youngest is almost grown and will be on her own soon enough.  She doesn’t need ME as much anymore.  Now, we’re more like friends sometimes than mother and daughter.

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by Any Setzer, Legal Assistant

Getting divorced is hard enough.  BEING divorced and trying to move beyond the past is a whole different ball game.  Putting your trust in a new relationship is hard.  The thought of sitting through the cliché movie – dinner – coffee dates making idle chit chat and trying to get to know someone new can be daunting and repetitive.  Why not try something different?  Get out of Greensboro, North Carolina, get out of your comfort zone.  Traveling with someone is a great way to figure out how and if you are compatible with them.

Do I recommend a weekend trip to Miami with someone you’ve just met?  Of course not.  But “traveling” doesn’t have to mean spending hours trapped on a plane suffering the drools and dronings of random strangers.  You can get out of dodge right here.  There’s plenty of small towns around the Piedmont Triad to explore, and each one has its own distinct personality.   You can feel like you’re in another world but still be close to home (close enough to be rescued).

When my boyfriend and I began seeing each other, our first all-day excursion was to Graham, North Carolina.  It was one of the greatest days I can remember.  Afterward, I was hooked – on him and on Graham, NC.   Here are the highlights on what we saw, and what our experiences taught me about Mike: