People in Charlotte who get a divorce should make sure they take their ex-spouse off beneficiary designations in a divorce even if the divorce decree says that those assets do not belong to the former spouse. If a spouse receives a payment from a beneficiary designation after agreeing in a divorce decree not to take that property, it might be possible to get the assets back, but the battle could be a long and costly one. This was the case when a man failed to remove his uncle as beneficiary on … [Read more...]
Archives for June 2018
Obtaining custody of a sibling
If both biological parents of a North Carolina child die, or if they are not fit to care for the child for some reason, an older sibling might want to get custody. In order to do this, the sibling must be at least 18 and legally emancipated. If the parents are deceased and the sibling has been named in their wills as the child's legal guardian, the process may be less difficult. In some cases, biological parents might also agree to relinquish custody. However, if neither of these is the case, … [Read more...]
Eyewitness testimony can lead to wrongful convictions
Cases of wrongfully convicted defendants proven innocent through DNA technology years later have captured the attention of many in Charlotte and across the country. One factor that has emerged as a repeated concern in several of these cases has been the original reliance on eyewitness identification. DNA technology has been critical in providing direct, physical evidence that has cleared many - and implicated others - especially in cases of rape and murder. However, even with today's DNA … [Read more...]
How to obtain a quality divorce settlement
North Carolina residents and others who choose to get a divorce may not focus enough on their future needs. Instead, they craft settlements based on their current salary or desire to maintain the status quo in their lives. However, it is possible that many could lose a job or find themselves unable to maintain the family home on their own at some point after a marriage ends. Individuals who are getting divorced should learn to embrace the details that come with negotiating a settlement. While … [Read more...]
Why an increasing number of women are paying alimony
Lawyers across the country have noted a surge in the number of women being ordered to pay alimony and child support to their former partners. As the number of female breadwinners and male stay-at-home parents rise in North Carolina, there has been a concomitant increase in ex-husbands receiving support payments. In a survey conducted by the American Academy of Matrimonial Lawyers, 45 percent of divorce lawyers noted that they had seen a rise in the number of ex-wives paying alimony since 2014. … [Read more...]
Planning for alimony using investments
Some big changes are coming to the way spousal support is taxed thanks to the Tax Cuts and Jobs Act. For divorce and separation agreements executed in 2019 and beyond, North Carolina recipients will receive alimony tax free while payers will no longer be allowed to deduct payments. This reverses the current taxation standard for alimony that's been in place for more than 70 years. Divorces completed before 2019 will not be affected. While the change in the law will lower the amount of alimony … [Read more...]
Correcting or reducing federal sentences using Rule 35
In the federal criminal justice system, mistakes are sometimes made in the sentencing of convicted individuals. According to part A of Rule 35, the court can reduce or correct sentences when there are technical, mathematical or other clear errors. Changes must be made within 14 days of the sentencing. In this rule, sentencing is defined as the oral announcement of the sentence. Rule 35 applies to federal courts in all jurisdictions, including North Carolina. Part B of Rule 35 allows for changes … [Read more...]
Film examines child support system’s impact on fathers
Charlotte fathers dealing with the child support and custody system after divorce can face difficulties, especially those confronting poverty and social racism. A study by the Urban Institute noted that 70 percent of all child support debt in the United States originates from individuals who have no reported income or make less than $10,000 a year. This means that many stereotypes about deadbeat fathers may be false. The inability to pay may rank far higher as a cause of child support debt than … [Read more...]
Shifting roles can lead to divorce
North Carolina couples might find themselves beginning their married lives while falling into traditional roles of the husband as primary breadwinner and the wife as the caretaker of home and family. However, this dynamic might change over time, particularly as the wife's career develops and she begins to earn more, which can lead to tension in the relationship. According to experts, the tension that arises when couples begin to experience shifting roles is often a result of the difficulty … [Read more...]
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