Articles Tagged with alimony

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Davidson v. Davidson, 2022-NCCOA-267 (unpublished)

 

In North Carolina, alimony orders are modifiable upon showing the court that there has been a substantial change in circumstances for either party. In doing so, the trial court ought to revisit many of the factors that justified the original alimony order. The main requirement is that the modification order must relate to the financial needs of the dependent spouse and/or the ability to pay of the supporting spouse. Continue reading →

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Worst Roommate Ever is a true-crime documentary recently released on Netflix.  There are five episodes in Season 1 highlighting four different scenarios where cohabitation situations went south.  The second episode titled “Be Careful of the Quiet Ones” focuses on Maribel Ramos, a 36-year-old Iraq War veteran and Kwang Chol “KC” Joy.

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Wayne Hopper, Legal Assistant

Sorey v. Sorey, 757 S.E.2d 518 (2014)

Divorce is not something anyone expects when they get married. The end of a marriage can be more difficult when one spouse has engaged in behavior that violates the fundamental tenets of marriage. Such behavior is considered marital misconduct in the legal world, and it can take different forms, such as sexual affairs, reckless spending, abandonment, or excessive substance abuse. Misconduct can lead to separation or the end of a marriage. North Carolina law addresses marital misconduct as a cause of separation or divorce and how it may be considered in claims for post-separation or alimony. Continue reading →

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Wayne Hopper, Legal Assistant

Williams v. Williams, 261 S.E.2d 849 (1980)

Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant on their spouse for financial support or maintenance. Under North Carolina law, either spouse can receive alimony so long as they meet one of two criteria: (1) the spouse cannot meet their own reasonable financial needs without the other spouse’s income or assets, or (2) the spouse cannot maintain the standard of living they have enjoyed during the marriage absent the other spouse’s income or assets. Continue reading →

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Sam Willis and Sarah Willis were married in August 1981.  Sam filed his Complaint on March 28, 1985, seeking a divorce from bed and board, alimony, and equitable distribution.  Before the parties married, Sam sold Sarah a house and lot on Claremont Road.  Throughout the marriage, the couple lived at the Claremont Road property.  Sam made all of the mortgage payments during the marriage.  These payments amounted to $9,900.  Sarah appeals from the equitable distribution judgment entered pursuant to N.C. Gen. Stat. § 50-20. Continue reading →

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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. Below we look at some recent cases involving alimony deductions. Continue reading →

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By: Carolyn J. Woodruff, JD, CPA, CVA

Patterson v. Chrysler Group Addendum

Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the qualification of a domestic relations order. It is proper to note that this dispute is between the Plan and the Alternate Payee or the Transferee Spouse.  The Plan Participant (ex-Husband)  is not a party and does not have standing. It is the Transferee Spouse’s vested benefit under consideration. Ex-Husband no longer has an interest. The Plan is the legal owner as Trustee of the retirement benefits. Continue reading →

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North Carolina will soon decide whether to make gambling on sports legal. There are two bills, one in the North Carolina House, the other in the Senate. House Bill 631 of the 2021 Session is a bill to authorize and regulate sports wagering. Senate Bill 688 looks to be a mirror of the House Bill. In short, these bills would make wagering on professional sports legal in North Carolina. The operators of any sports betting business will be allowed to utilize cryptocurrencies as wagers or payments, meaning consumers can deposit cryptos in their accounts. The bills will define these cryptos as “cash equivalents.” These are assets convertible to cash for use in connection with authorized sports wagering. The legislation’s inclusion of cryptocurrencies is easily the most interesting element. The use of these virtual currencies could propel the value and usefulness of the payment medium even further. Continue reading →

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Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017)

We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party that could potentially bring a claim for spousal support may have already begun to cohabitate. Can the potential supporting party claim cohabitation as a defense? Continue reading →

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Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. Continue reading →