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Tag Archives: Divorce

Tax questions, property values dog ‘abominable appeal’

One popular vehicle for dodging taxes may come back to haunt couples if they ever get divorced, the North Carolina Court of Appeals has ruled. Charles and Dawn Hill married in 1996 and separated in 2009, leading to a protracted dispute over how to split up their assets. In 2001, they incorporated a company called Speaking Of, Inc. through which Dawn worked as a speech pathologist, and were its only shareholders.

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Husband wins $1.4M after wife has affair with employer

Dating a “Bond Chick” can be expensive, especially if she’s married. Bail bondsman David B. Mayfield is on the hook for close to $1.4 million after a Carteret County judge awarded his girlfriend’s soon-to-be ex-husband, Gregory Alan Szczepaniak, damages on claims of alienation of affection and criminal conversation.

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Sex, lies, videotape … and a foot fetish

The sordid divorce case of Rowan County couple Curtis and Alice Buck makes “The War of the Roses” look like G-rated child’s play. Their story features criminal allegations, a hidden video camera, pornography, foot fetishism and was recently capped off with a six-figure damages award.

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Labor & Employment – Ex-Husband Can’t Keep ERISA Benefits

Andochick v. Byrd A man who waived his benefits under his ex-wife’s ERISA retirement and insurance plans in a divorce settlement cannot rely on the preemption doctrine for protection from a state court action by the ex-wife’s parents to enforce the divorce decree in which husband waived his rights; the 4th Circuit says ERISA does not preempt post-distribution suits against ERISA beneficiaries.

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Court takes away what Congress gives

North Carolina courts have employed a little creative accounting to ensure that the understanding embodied in one couple’s divorce agreement is honored, even after federal law provided the ex-husband with what initially looked like an escape hatch. When Charles and Thi Den Hillard got divorced, their 1994 agreement to divvy up their property said that Charles would get their house, and Thi Den would get one-half of his retirement benefits from the U.S. Army and the National Guard for the time that they were married.

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Domestic Relations – Divorce – Civil Practice — Personal Jurisdiction – Due Process – Minimum Contacts

Shaner v. Shaner The trial court’s exercise of personal jurisdiction over a husband in a divorce case would violate his due process rights since he could not reasonably anticipate being haled into court on the basis of his limited contacts with the state. Reversed.

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Domestic Relations – Divorce – Civil Practice – 6 Months’ Residence – Military

Huston v. Huston Even though the plaintiff-husband - a native of Alabama - first tried to get a divorce in Alabama, since the husband has lived in North Carolina for years and intends to remain here, the trial court correctly found that it had jurisdiction over the husband's claim for an absolute divorce. We affirm the divorce judgment.

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