Equitable Distribution

Second N.C. judge strikes down marriage ban, dismisses same-sex adoption actions

Published on: October 16, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Who pays for the children’s health insurance and co-pays?”

North Carolina’s ban on same-sex marriage took another blow on Wednesday. United States District Court Judge William L. Osteen, Jr. ruled that the Tar Heel State’s 2012 state constitutional amendment prohibiting same-sex marriage was unconstitutional.

Judge Osteen ruled that the state could not prevent same-sex couples from marrying and could not prohibit the recognition of lawful same-sex marriages consummated in other states. Judge Osteen enjoined the state and its officers from enforcing the same-sex marriage ban. Attorney General Roy Cooper already announced this past July that he would not enforce the ban.

Judge Osteen dismissed claims brought by six same-sex couples “concerning the adoption laws of North Carolina.” In their complaint in Fisher-Borne v. Smith, et al., the couples alleged that so-called “second parent adoption is the only way that a family in North Carolina with gay or lesbian parents can ensure that both parents have a legal relationship with the child” and enjoy the benefits and protections “of a legally-recognized parent-child relationship with both parents.”

Plaintiffs Marcie and Chantelle Fisher-Borne of Durham alleged that their children faced potential exclusion from private or public health benefits, veterans’ benefits, disability or social security benefits, life insurance benefits and workers’ compensation benefits. Marcie gave birth to six-year-old Miley, while Chantelle gave birth to two-year-old Elijah. To date, North Carolina law has prohibited Marcie from adopting Elijah and has prevented Chantelle from adopting Miley.

The North Carolina Supreme Court upheld the prohibition on second parent adoptions in 2010 in Boseman v. Jarrell, a case that arose out of a child-custody dispute involving former North Carolina State Senator Julia Boseman and her former partner.

Divorce uncovers apparent sex abuse of minors by prominent actor

Published on: October 9, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

Divorces do not get much uglier than the one involving actor Stephen Collins and his estranged wife, Faye Grant.

Collins and Grant commenced divorce proceedings in 2012. At the time, the former 7^th Heaven star said he and Grant were moving forward separately with their lives. Collins played a pastor in 7^th Heaven, a popular television series that aired from 1996 until 2007.

In 2012, Collins—who said he regarded Grant as his “dearest friend”—said he knew the couple would proceed through the divorce process “in a way that honors our family.”

Two years on, he may be second-guessing himself.

Grant may not have been as willing as Collins presumed to move on separately with her life—at least not without millions from a divorce settlement with Collins. Grant said she is seeking spousal support and a share of two Brentwood, California properties owned by the couple, valued at $2.7 million apiece. She has also demanded a share of the roughly $44,000 Collins earns in monthly income, as well as the $6 to $7 million the pair have in bank and retirement accounts.

High court’s inaction means same-sex marriage coming to NC by end of this week

Published on: October 7, 2014 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”

The Charlotte Observer is reporting that same-sex marriage could be legal soon in North Carolina—by the end of this week!

Virginia put the issue to its voters eight years ago, and 57-percent of Virginians voted to amend that state’s constitution to define marriage as between a man and a woman. The Virginia amendment also forbade the state from recognizing same-sex marriages formalized in other states.

North Carolina law has always defined “A valid sufficient marriage” as one “created by the consent of a male and female person.” Voters in the Tar Heel state sought to eliminate any doubt about their stance on the issue in 2012, voting 61-percent to 38-percent in favor of a state constitutional amendment that defines marriage as between one man and one woman and bans any other type of civil union or domestic partnership.

Virginia’s amendment—passed eight years ago—has seen its legal challenges litigated all the way to United States Court of Appeals for the Fourth Circuit—the highest appellate court to consider cases from that state short of the United States Supreme Court. The Fourth Circuit struck down Virginia’s amendment, ruling that the ban violated gay couples’ fundamental right to marry.

Studies show U.S. marriage rate declining, especially for younger Americans

Published on: September 25, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”

A record one-in-five adults aged 25 or older had never been married as of 2012, according to a Pew Research Center analysis of census data. That’s double the amount of never-married adults from 1960. What happened?

Pew blames “a variety of reasons,” but places its emphasis on the economy, which it says has grown slowly and unequally in recent decades. Median hourly wages for men ages 25 to 34 have declined 20-percent since 1980 “in real terms.” Real terms means that even though the amount of money men in that age group earn may have increased, the cost of everything else—of living—means that more money actually buys them less.

Economic woes have shrunk the “pool of available employed men,” and those are the ones that 80-percent of never-married women say they want. These women want a man who has a steady job. But women are the ones whose educational achievement and labor-force participation rate continue to rise.

That has created a deficit in the number of employed, available men per 100 women. In 1960, the number of employed, available men per 100 women in the 25 to 34 age group was 139. By 2012, that number had sunk to 91. Of course, never-married women can select their mates from other pools of available men such as older men or divorcees.

Subscribe to our quarterly newsletter Legal Matters today!

Published on: September 23, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”

If you haven’t been subscribing to Legal Matters, our quarterly family law newsletter, you should start now.

This quarter, we discuss how the Internal Revenue Service has spotted a huge gap between alimony deductions claimed and the amount of alimony income received by those entitled to it. In general, people who are ordered to pay alimony to a spouse or ex-spouse can claim and receive a tax deduction. The government report suggests that either people paying alimony are exaggerating the amounts they paid or people receiving alimony are underreporting that income, or both. Deductions exceeded reported alimony income by some $2 billion.

The IRS has announced that it is changing the way it selects tax returns for audits in order to catch more suspicious returns involving alimony. What does this mean for you? It means that when reporting income or claiming deductions related to alimony, you need to be precise. If you have questions regarding how much alimony you should be reporting or the amount of deductions to which you are entitled, you should speak to a family law attorney to make sure you are handling these issues correctly.

Also in this issue of our family law newsletter, we explore how the issue of student-loan debt can complicate divorce settlements. In general, marital debts are divided equally, but many spouses incurred student-loan debt before they married, making it separate debt. Some common issues complicate the division of student-loan debt in divorces, such as whether both spouses contributed to paying off portions of the debt during the marriage, which spouse benefited from the spouse’s degree during the marriage, whether the loans were consolidated and which spouse can afford repaying the debt.

Real Housewife Learns Valuable Lesson About Prenuptial Agreements

Published on: June 24, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “When do you get alimony?”

Real Housewife of Atlanta Kandi Burruss says that she learned a very valuable lesson about the importance of properly planning prior to marriage thanks to watching the dissolution of another reality TV star’s happy home. Burruss says that Real Housewives of New York star Bethenny Frankel’s acrimonious split from her ex Jason Hoppy sent a chilling message about the danger of not doing enough planning before getting hitched.

Some have complained about recent episodes of the Atlanta show where Burruss and her fiancé are seen arguing about the provisions in a prenuptial agreement. Burruss has insisted that her fiancé sign the agreement prior to marriage and has taken a lot of flak from viewers who see this as a cold decision.

Burruss says that watching how nasty a divorce can be convinced her of the importance of having a clear prenuptial agreement. She says that should her marriage with her fiancé Todd Tucker fall apart, he would never want to endure the kind of lengthy and hostile fighting that Frankel has engaged in with her ex. By having a prenuptial agreement that clearly spells out what will happen in the event of a divorce, Burruss says much of the mess can be avoided.

One particular provision of the prenuptial agreement received the biggest criticism from viewers. That section concerned a clause that required her fiancé to vacate the marital home within 30 days of either party filing for divorce. Tucker was seen on the show criticizing what he felt like was overly harsh language, saying that he didn’t feel like he should be thrown out on the curb in the event of a split.

Bitcoin Offers New Way For Shady Spouses To Hide Assets

Published on: June 10, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

A recent article noted that in the world of those eager to hide assets from their spouses, technology is proving to be a helpful ally. Experts say that cutting edge digital currencies are helping spouses hide money from their spouse, leaving little if any traces for investigators or family law courts to discover.

Bitcoin, the largest and most prominent of all digital currencies, is an especially useful tool for those spouses intent on depriving their significant other from their fair share of marital assets. Experts say that they fear in some cases, unscrupulous spouses will work slowly to convert pools of cash into Bitcoin, gradually moving paper assets online and leaving little evidence of the transfer.

To track down money that was changed from cash into Bitcoin would take some experience and technological know how. Though Bitcoin transactions are meant to be anonymous, there would have to be some crumbs left of any transfers. One thing to look for to detect possible cover-ups is transfers from bank accounts. If many transfers are made to online accounts you don’t recognize that could be one indication a spouse is hiding money.

Another thing to watch for is an unusual number of cash withdrawals. If large amounts of cash are routinely taken out and with little justification, it’s possible that a spouse could be stockpiling money to later transfer into Bitcoin or other forms of money that remain outside your reach.

Obesity In Children Linked To Parental Divorce

Published on: June 5, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Do I need an attorney to get a Divorce in North Carolina?”

In a surprising study out of Norway, researchers say they have found a possible link between divorce and childhood obesity. Interestingly, researchers say that the link appears mainly to impact boys, rather than affecting children across the board.

The research began by examining health data from school nurses of more than 1,000 children in third grade. More than 20 percent of those children qualified as either overweight or obese. Though weight problems impacted children of all walks of life, scientists were surprised to see how much divorce correlated with increased weight gain.

Specifically, the study found that children whose parents were divorced were 50 percent more likely to be obese than other kids. Among this group, the kids were 90 percent more likely to be abdominally obese, meaning that the majority of their weight was stored in their midsection, a type of obesity that has been linked to numerous health problems.

The children of divorce were not only more likely to be obese than kids whose parents remained married, but also kids whose parents were never married. Researchers say that even when considering other factors, such as wealth and parental education, the divorce-obesity link held true.

North Carolina NFL Player Jailed After Domestic Dispute

Published on: June 3, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

Carolina Panthers player Greg Hardy has been jailed after police say that he and his girlfriend were involved in a domestic dispute. In this case, both Hardy and his girlfriend claim that the other was the aggressor.

Despite, the he-said, she-said claims, a judge in Mecklenburg County ordered a $15,000 bond for Hardy. The judge similarly issued a protective order requiring Hardy to end all contact with 24-year-old Nicole Holder. Yet another requirement of Hardy’s release from jail was that he agree to attend three AA classes each week.

The last stipulation arose because both Hardy and Holder were intoxicated at the time of the fight. The argument began early in the morning and culminated when police were called around 4 a.m. Holder says that Hardy threw her into a couch that was covered with assault rifles and other weapons. Later, she says Hardy threw her into the tiled area of his tub, resulting in terrible bruises around her head, neck and shoulders. Holder says she was then drug from the tub by her hair while Hardy yelled that he was going to kill her.

Holder then says Hardy left her in the bedroom and began choking her with both hands around her throat. Hardy is then alleged to have told the woman that if she went to the cops or the media and reported what had happened he would kill her.

Which Areas Of Charlotte Rank Highest In Terms Of Infidelity?

Published on: May 29, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect who gets custody?”

An internet dating company that exists to facilitate affairs claims that Huntersville, North Carolina is among the most unfaithful neighborhoods in the country. The news release came from AshelyMadison.com, which compared data from its nearly 21 million members.

According to AshleyMadison, more than 65,000 of its millions of members come from the Charlotte metropolitan area. Out of this group, more than 9.1 percent are from Huntersville, representing a sizable share of the overall members relative to its share of the metro area’s population. Ballantyne makes up 8.9 percent of local members while uptown is home to 8.8 percent. These three areas are followed by Myers Park, Indian Trail, Dilworth and SouthPark.

According to the founder and CEO of AshleyMadison, income and education are among the most common attributes of areas that are big users of the service. The CEO says that cheating is typically easier for those with more discretionary income, which is why the majority of those cities at the top of his lists are affluent areas.