Attorney Christopher Adkins just released his new book entitled The Book on Divorce in North Carolina. The book is designed to help the reader understand family law issues such as divorce, property division, child custody, child support, spousal support and alimony. Questions are answered regarding marriage counseling, affairs and how they impact separation, the process of divorce, child custody orders and agreements, calculating child support, and separation agreements.
415 Comments
Divorce is a complex process. After all, untangling two lives that have become intertwined over many years isn’t easy. There are many decisions you’ll have to make during the divorce process. As you prepare to make those decisions – decisions regarding the division of property (including your assets and debts), the potential sale of your home, the updating of your legal and insurance documents, and other important matters, gathering information pertaining to those matters ahead of time will help to simplify matters to some degree. It is also unfortunate to say, but important to be aware, that in a divorce, relationships can become extremely strained. Often, people can become so emotional that they act in unpredictable ways which are completely out of character. It is not unusual for a spouse to take paperwork without the other spouse’s knowledge, or even to destroy important paperwork in anger, or out of a desire for revenge. Even if you may not expect that sort of behavior from your spouse, it is still a wise precaution to save copies of important documentation and information while you still have access to it. Certainly, the information needed will vary depending upon your unique circumstances. However, information that is usually helpful to gather includes:
With respect to any documentation you may gather, it is always best to collect at least three to five years’ worth of information if possible, or more if you have been in a long-term marriage. Although gathering this information may be time-consuming and tedious, it is a worthwhile effort in the long run in order to save yourself time, expense, and headache down the road. If you need to speak with an experienced Huntersville divorce attorney, please contact Adkins Law to arrange a consultation. One of our Huntersville divorce lawyers can arrange a consultation with you to discuss your family law matter in detail. Domestic violence is far more common than we know. It is a problem that affects people regardless of race, gender, sexuality or socioeconomic status. If you or someone you love is being abused, it is important to come forward to seek help.
What is Domestic Violence? Domestic violence is causing, or attempting to cause, bodily injury to the victim. It can also be placing the victim in fear of imminent, serious bodily injury. This may include continued harassment if it causes severe emotional distress. It is important to remember that domestic violence can only occur between people who have a current or former relationship. This includes spouses, household members, parent/ child or boyfriend/ girlfriend. What to do if you are a victim of domestic violence Your safety is the biggest priority—get yourself to safety and call 911. If you do not have a safe place, you can seek help at a shelter. From there, you have the option of seeking a restraining order and/ or filing criminal charges. Criminal charges are recommended because the criminal system has some procedures in place that the civil system does not, like probation and violent offender programs. If the abuser is found guilty at trial, then the terms and conditions of his or her sentence depend on various factors including what crimes the abuser has committed against you and prior offenses How does domestic violence effect custody and child support? It is rare for those issues to be handled in the civil domestic violence process of getting a restraining order. Many judges prefer that issues of child support and custody be handled in a separate action. You will need to file a separate complaint seeking custody and child support. What about alimony and property division? The judge in your domestic violence can only deal with these issues on a very limited basis, such as addressing temporary distribution of vehicles and the home. Many judges prefer that these issues be handled in a separate action. You will need to file a separate complaint alimony and equitable division. Domestic violence proceedings can be confusing and time consuming, especially when dealing with other family law issues. Contact Adkins Law today to set up a consultation and decide your next steps. The NC Court of Appeals acknowledged that military disability pay cannot be distributed by a court in equitable distribution, It is seen as income that can be considered when the court is looking for a source of payment. In reaching this decision, the court rejected the argument that this rule was changed by the recent decision in Howell v. Howell by the US Supreme Court. Where the Court reiterated that federal law prohibits the distribution of military disability in equitable distribution.
Military Disability Pay Cannot be Distributed in ED The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes states to treat veterans’ retired pay as property which is divisible upon divorce. Therefore, federal law prohibits the distribution of military disability benefits in equitable distribution proceedings. Military disability pay is the separate property of the veteran. Retirement Can Be Converted to Disability Unless a retired service member qualifies for concurrent pay, a service member cannot receive both disability pay and retirement pay. This means that many service members must waive their retirement pay in order to receive the disability pay. Many disabled service members decide to change their retirement pay to disability pay when they become eligible, because disability pay is not taxed and cannot be distributed in divorce proceedings. A service member can waive retirement for disability at any point after a service member becomes entitled to receive disability pay. If the conversion occurs before a court enters an order for equitable distribution, the court can consider the disability payments as a distributional factor, but the court cannot give dollar-for-dollar “credit” in the distribution to make up for any retirement pay lost because of the conversion. When this conversion occurs, the amount of retirement pay received by the former spouse of the service member generally is reduced. A trial court may not prohibit a service member from converting retirement pay to disability pay in the future. However, North Carolina appellate courts as well as appellate courts in other states have held that federal law does not restrict the ability of a state court to enforce a judgment dividing military retirement pay entered before a service member converted the retirement pay to disability pay. Therefore, amendments to retirement distribution orders made by trial courts to initiate the terms of the court order have been approved. Congratulations to Attorney Christopher Adkins for being selected as one of the 10 Best Family Law attorneys for client satisfaction for 2017 by the American Institute of Family Law Attorneys!
Most married taxpayers choose to file taxes jointly due to certain benefits associated with this filing status. When a couple chooses to file a joint tax return, both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from joint return, even if the couple later separates or divorces. Both joint and several liability means that each taxpayer is legally responsible for the total liability. Therefore, both spouses on a married filling jointly return are usually held liable for all the tax that is due. This is the case even if one spouse made all the income or claimed deductions or credits. This is also the case in the event that a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. A situation may occur however, where a spouse gets the other spouse into a substantial amount of debt. Upon separation or divorce the innocent spouse discovers that they are in a financial crisis and wishes to alleviate some of the accumulated debt. In cases such as these, a spouse can be eligible for relief from being jointly and severally liable.
Types of Relief There are three types of relief from the joint and severally liability of a joint return. These three types are as listed:
It’s important to note that an individual seeking innocent spouse relief or separation of liability relief must request their relief no later than two years after the date the IRS first attempted to collect tax from them. An individual wishing to apply for equitable relief, must request relief during the period of the time the IRS can collect the tax from them. In the event that a person is looking for a refund of tax that they paid, then they are required to request it within the statue period for seeking a refund. This is generally three years after the date the return is filed or two years following the payment of tax, whichever is later. Refunds are not available under separation of liability relief. Requirements for Relief To seek innocent spouse relief, separation of liability relief, or equitable relief, an individual should submit to the IRS a completed form 8857. Request for Innocent Spouse Relief, or a written statement containing information required on Form 8857 which is signed under penalties of perjury. The IRS is required to notify the spouse you filed jointly with and allow him or her to provide information for consideration. Finally, in order to qualify for innocent spouse relief, separation of liability relief, and equitable relief an individual must meet all of the qualifications. - Innocent Spouse Relief
- Separation of Liability Relief
- Equitable Relief
When a married couple separates and plans to get divorced, they must go through the process of equitable distribution. If the couple or one spouse owns a business, the business is subject to be divided equitably. If you are contemplating separation or divorce, and you own a business, contact Adkins Law if you would like to discuss your matter in detail. Adkins Law has locations in Lake Norman and south Charlotte. Attorney Christopher Adkins discusses separation agreements and the benefits of having a separation agreement. One of the biggest benefits of having a separation agreement is maintaining control over the terms of your separation. Often times, litigation can be stressful and uncertain - people fear the unknown. The ability to negotiate and memorialize the terms of your separation in a separation agreement can provide you with more control over how your assets and debts are distributed, whether there will be any spousal support, and whether or not you will address child custody and child support in your separation agreement. Separation agreements are often much more cost effective and less expensive than litigation. To speak with a family law attorney about separation agreements, please contact Adkins Law. Adkins Law focuses primarily on family law matters such as separation, divorce, equitable distribution, post-separation support, alimony, child custody, and child support. We have locations in Huntersville and Ballantyne for your convenience. Need to speak with a family law attorney in Huntersville? Contact Adkins Law. Our practice focusing primarily on family law matters such as separation, divorce, child custody, child support, and the division of marital property and debt. We have offices in Huntersville and Ballantyne for your convenience. Happy New Year 2016 from your friends at Adkins Law!
|
Archives
January 2022
|