Family Law

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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?”

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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.

Rape victim must pay child support, may or may not get to meet his daughter

Published on: September 19, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “How is the amount of child support decided in North Carolina?”

Nick Olivas said he was a lonely, 14-year-old kid going through a rough patch when his 20-year-old neighbor raped him. He said he didn’t know at the time that under Arizona law, a child under 15 could consent to sex, making him a victim of statutory rape. He didn’t press charges against the woman, but now the State of Arizona is after Olivas to pay child support for the daughter he fathered with the woman.

Olivas said he and the woman went their separate ways. He graduated high school, attended college and became a Phoenix-based medical assistant. He said he was living his life and enjoying being young when, two years ago, he was served with papers demanding child-support payments for a six-year-old daughter.

Arizona—like Kansas and California—considers the circumstances of the daughter’s conception irrelevant for child-support purposes, said Mel Felt, director of the New York-based advocacy group the National Center for Men. In 1993, the Kansas Supreme Court ruled that a 13-year-old boy who impregnated his 17-year-old babysitter was liable for child support, even though he had been legally unable to consent to sex. A California state court issued a similar ruling involving a 15-year-old boy whose 34-year-old neighbor was convicted of raping him.

Second time around not sweeter for Pamela Anderson, Rick Salomon

Published on: July 8, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Unlike the singer in Shalamar’s 1979 hit “Second time around,” Rick Salomon couldn’t make his second marriage to Pamela Anderson “so much better.” Instead, their second marriage appears destined for an ending lacking any Baywatch-esque saving heroics. Anderson filed for divorce from Salomon on July 3.

Anderson and Salomon married the first time around in 2007 in Las Vegas during a 90-minute break between the magic shows Anderson was appearing in at the time. That marriage lasted just two months. Both Anderson and Salomon alleged the marriage had been tainted by fraud.

When an annulment is granted, a marriage is considered, for all intents and purposes, to have never happened. Many annulment cases involve a kind of partner bait-and-switch; one spouse learns the truth about exactly who the other is only after he or she has married. If lies were employed to induce the partner into marrying, those lies can serve as the basis for an annulment.

The reasons underlying the annulment of Anderson’s and Salomon’s first marriage were not made public, however Salomon was no stranger to annulments when he first married Anderson. Former Beverly Hills, 90210 star Shannon Doherty annulled her 2002 marriage to Salomon after just nine months. She married the alleged lothario after just two days of dating.

Researchers say parental disapproval of spouses may have genetic component

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

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

If you are worried about the harm a divorce will do to your reputation and the reputation of your family, you are not alone. In fact, you may have something in common with royalty. Literally.

Numerous media outlets are reporting on rumblings emanating from Buckingham Palace, home to Great Britain’s royal family. After a decades-long affair and nine years of marriage, Prince Charles and his wife, Camilla Parker Bowles, appear to be headed towards divorce.

Across the pond, more than half of American marriages end in divorce. Most married Americans don’t have a queen for a mother or mother-in-law and perhaps they should be thankful for that. The Queen, according to reports, called Camilla a “complete disgrace” after Camilla allegedly threatened to spill Louie family secrets if the family didn’t agree to a $350 million divorce settlement.

Queen Elizabeth is said to dislike Camilla’s alleged propensity for drunkenness, and it is believed that her disappointment in Prince Charles and Camilla—whose title is Duchess of Cornwall—have led her to consider passing on the throne to Prince William—Charles’ eldest son—when her reign comes to an end. The Queen is said to be concerned about an issue that affects many married couples: family image.

When it’s over, it’s over: Ex-wife of Dodgers owner learns the hard way

Published on: July 1, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

A divorce litigant and her lawyers are learning the hard way that when a case is over, it’s over.

“I’ll get the best lawyer!” Wife Josephine faints after husband Napoleon tells her he is filing for divorce.

The litigant, Jamie McCourt, didn’t think the tax-free $131 million and bevy of luxury homes she received in her 2012 divorce settlement agreement with ex-husband Frank McCourt was enough. She asked a court to set aside the agreement, arguing that her ex-husband undervalued baseball team the Los Angeles Dodgers before selling it for over $2 billion to a consortium that included ex-NBA great Magic Johnson.

Jamie McCourt alleged she was entitled to another $770 million.

Superior Court Judge Scott Gordon rejected Mrs. McCourt’s claims. He wrote that Mrs. McCourt was a “sophisticated individual” who was assisted by a team of lawyers and accountants during her divorce. The language of the settlement agreement made it clear that the McCourts intended to end their divorce case and that the terms of the agreement “were carefully considered and negotiated.”

The agreement also provided that if either side contested the settlement agreement, the contesting party would have to pay the other side’s attorney’s fees. Judge Gordon cited that provision of the agreement in a ruling entered July 1. He ordered Mrs. McCourt to reimburse Mr. McCourt’s lawyers $1.9 million in legal fees. That’s how much Mr. McCourt spent fighting Mrs. McCourt’s challenge to the divorce settlement agreement.

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.

Avoid Divorce’s Impact On Your Career

Published on: June 12, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What children’s expenses are covered by child support?”

Though divorce may not appear to have anything to do with a person’s career, experts say that marriage problems can often bleed over into the workplace, making it hard to separate your personal life from your professional one.

Given the emotion surrounding divorce and the financial and family upheaval it can cause, it isn’t surprising that this can lead to trouble in the office. Coming in late, a lack of energy, loss of focus and outside distractions can all cause temporary setbacks. In some cases, however, these temporary setbacks can turn into long-term trouble and even derail otherwise stable careers.

The problem is that many who are in the midst of marital trouble do not pay sufficient attention to their jobs. Though distraction is understandable given what’s going on, experts say you are far better off to focus your attention on work. Doing so gives you something to occupy your time rather than sad thoughts and gives a purpose to your day. It also can help guarantee financial security, something that many going through a divorce worry about.

The following are some tips laid out by experts to ensure your divorce does not eventually cause harm to your career:

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.