Brady v. Brady, 2022 NCCOA 200 (N.C. Ct. App. 2022)
Brady v. Brady came before the NC Court of Appeals on Defendant Husband’s appeal.
ISSUE: What findings of facts are required to support awards of alimony, a distributive award, and the unequal distribution of assets. Continue reading →
Aviles v. Vulovic, E076743 (filed June 9, 2022).
Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six months after the filing of the petition. In 2007, Wife and Husband began dating. They married in Las Vegas in 2011. Wife later appeared for a child support hearing with her former husband, and the presiding judge informed her that she had not yet been divorced. Wife eventually finalized the divorce in 2012. Wife and Husband had two more wedding ceremonies in 2013, however they never received a marriage certificate from the court. Husband and Wife separated in 2020 and were in court for spousal support. Husband claimed that Wife was barred from seeking support because she was in a bigamous marriage. It was the trial court’s finding that Wife was a putative spouse and awarded her temporary spousal support. Husband appealed. Continue reading →
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.
Part 2: The Complaint Continue reading →
Davidson v. Davidson, 2022-NCCOA-267 (unpublished)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 →
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.
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 →
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 →
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 →
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 →
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 →
North Carolina Divorce Lawyers Blog