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Questions Answered by Mr. Albert Loch Saslow
1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)

I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 17, 2020

If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of...
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2 Answers | Asked in Family Law for North Carolina on
Q: Can my husband leave the state with my children

I need advice on setting up visitation with my children as we are separated. He is threatening to leave the state with my children and file for custody.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 16, 2020

You might have grounds to file for emergency custody here in NC if you can prove to the Court that "there is a substantial risk that the child(ren) may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts."... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: Wife and I are separating. I have a loan in my name alone, got while married, are we both responsible for the loan?

The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 11, 2020

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the...
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2 Answers | Asked in Family Law for North Carolina on
Q: if a parent can no longer care for themselves, do the child have to go to the next parent? Or can it be next of kin?

Family

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 9, 2020

It is a somewhat complex analysis depending on the particular facts of the case, but the simple answer is that the claims of a parent is going to defeat the claims of a non-parent. That doesn't mean that all the involved parties can't agree to a schedule that gives grandma (or whoever)... Read more »

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2 Answers | Asked in Family Law for North Carolina on
Q: How do I file as Pro Se Post Trail Motion to appeal a district Court judges visitation for Intervenor?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 9, 2020

A proper appeal as a pro se litigant is going to be next to impossible. If you are just trying to file a Rule 59/60 Motion, you might be more successful, but I'm very skeptical. You will want to check the deadlines for filing a 59/60 Motion, as your time might have already expired.... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Are notarized documents typed up & signed by both parties legally binding or do they hold any weight in court?

Examples being custody arrangements for kids, money given towards supporting the children.

*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 6, 2020

They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... Read more »

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2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for North Carolina on
Q: Will a Notorised Affidavit of Withdrawal of Consent and Rescission of Signatures filed void "criminal court" orders ?

I do not consent to being the Nomde Guerre, dead entity or corporate fiction (ens-legis), named in "ALL CAPS" created by legislature, as I am flesh and blood created by God all mighty and live on the land. As all crimes are commercial in nature ,held in bankruptcy court of equity, in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2020

No. Listening and following conspiracy theories will not help you avoid criminal charges.

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1 Answer | Asked in Family Law for North Carolina on
Q: where do i find a legal aid lawyer in Boone,NC for incarcerated friend
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 4, 2020

I'm doubtful they handle this type of matter, but their information is here:

https://www.legalaidnc.org/about-us/offices/high-country

2 Answers | Asked in Family Law for North Carolina on
Q: My friend is incarcerated. due for release 11/18/20 Divorce granted after 43 yrs of marriage. Needs a legal aid attorney

43 years of marriage. Divorce granted. Need to find a Legal aid lawyer to help her with dividing up the assets. They have a court date for nov 30th. Calendar call is on nov 18th via internet to see if the 30th is a good date. Where should she go from here?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 4, 2020

I would be highly surprised if Legal Aid would help for this type of matter - it has been my experience that they don't provide these types of services.

Without knowing what has transpired in her equitable distribution case, I couldn't say what her next steps should be. I...
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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Do I need a lawyer present for a calendar court session
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 3, 2020

I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
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2 Answers | Asked in Family Law for North Carolina on
Q: I may know someone who is affected by parentification but do not know what to do.

He is 20 years old. Very convoluted family. Mother goes to him for everything bypassing other adults in household. From shopping, to friendship, to help parenting other children, and specifically rejecting help from other adults in the house

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 23, 2020

I don't think I can provide an answer here as this doesn't appear to be a legal issue. While still young, this person is a 20 year old adult and can make their own decisions about how to interact with their family. If there are issues in this household, it would appear appropriate to... Read more »

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: What are the Fathers visitation and custody rights to a child born out a wedlock with him being on the birth certificate

I am a teenage mother my child was born out of wedlock me the mother and the father are on the child’s birth certificate.

Me and the father are no longer in a relationship. I want to know what rights does the father have as far as visitation and custody to my newborn? With me being the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 20, 2020

Absent a court order that prohibits who can be around the child, or where the father can go with the child, you don't really have any say in what the father does with the child. And without a court order, either parent can deny access/visitation to the child.

The best practice of a...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 16, 2020

I'm not sure how he is "forcing" you to stay in North Carolina. You can come and go as you please, and you are free to move to Florida to take advantage of this job opportunity. He can't force you to stay, and you can't force him to go.

If you can't agree...
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1 Answer | Asked in Family Law for North Carolina on
Q: Is there a statue of limitations on alimony after a divorce it’s been 2 years

I am disabled I am having to pay for my daughter college I can’t get help from her mother I just lost her check so I lost over 900 dollars a month can’t do it by my self

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 11, 2020

If you don't have an alimony claim pending PRIOR to a divorce, then your claim is going to be completely barred. In other words, you must have initiated your alimony claim before the divorce is finished if you want to pursue it. Unfortunately, unless I'm reading your facts wrong, it... Read more »

1 Answer | Asked in Family Law and Real Estate Law for North Carolina on
Q: What do I need to buy my husband out of our home in North Carolina?

We have been legally separated for roughly 5 months and he has signed a Free Trade Agreement. Currently I have the house and pay everything but I want to refinance it to my name and pay him off of the loan. Are there any specific legal documents or procedures I need?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 5, 2020

The only document that you would NEED is a deed prepared that conveys his interest in the house to you. However, I also think you would WANT a Separtion Agreement, which would set forth the terms of a potential buyout and would fully resolve all of your remaining property claims (as well as... Read more »

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: Are holiday or vacation overnights counted in addition to the basic custody schedule when figuring child support?

I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 28, 2020

You would count the actual overnights for the entire year. It sounds like your actual is at 140,

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 21, 2020

If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.

Unless either...
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3 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 17, 2020

He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... Read more »

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