Attorney

Taxes and spousal support

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Can I Sue My Parent for Decades-Old Unpaid Child Support?

Published on: October 18, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

MarketWatch shared a reader query this week from a man named Marc who wanted to know if he could sue his “deadbeat dad” for the decades of unpaid child support his father owed him and his mother. Marc’s father, from whom he has been estranged for the last 15 years, owes child support debt dating all the way back to 1956.

Woman Receives $350,000 in Settlement From Ex-Husband’s Mistress

Published on: September 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Heidi Ovando was no doubt unlucky in many respects.

Different approaches for handling your North Carolina divorce

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.

One Year After Obergefell, Challenges Remain

Published on: June 16, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

New Jersey Court Says Divorce Not Grounds For Termination

Published on: June 14, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

Going through a divorce can be a difficult time for most people. You’re faced with the dissolution of your marriage, the division of your property and must now move forward and build a new life different from the one you might have long intended to have. Though many aspects of your life will experience change following a divorce, one area that is usually a welcome constant is your job. After all, why should your marital problems impact your employment?

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

Friend Acted as Agent, Did Not Destroy Attorney-Client Privilege in NC Divorce Case

Published on: May 3, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct fosters candor and peace of mind in the relationship you have with the person representing you on such a personal case. This in turn allows your attorney to better prepare for your case. Similarly, the work product privilege protects materials prepared in preparation for litigation. These two immunities protect information from being produced (through documentation or testimony) via discovery from the opposing side. In any given divorce or family law case there can be facts, confidences and strategies that you do not want shared with your (soon-to-be former) spouse’s side and argued against you in court.

There’s No Doubt About It: Gwen Stefani’s Recent Divorce Shows the Power of Settlement Agreements

Published on: April 28, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Divorce is almost always a difficult, drawn-out event for those not living as celebrities. Of all high-profile divorces, those in Hollywood tend to be especially histrionic. So when a divorce involves one of music’s power couples and a love triangle within the same reality television singing competition, you expect the colors to really fly.

Virginia Supreme Court Decides Cohabitation Rules Apply Equally To Same-Sex Couples

Published on: April 26, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.