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Questions Answered by Adam Bull
1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?

Adam Bull
Adam Bull answered on Jan 23, 2020

The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.

Adam Bull
Adam Bull answered on Jan 22, 2020

This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.

Consult an experienced civil litigation...
Read more »

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Adam Bull
Adam Bull answered on Jan 21, 2020

to attack the validity of the judgement you would need to file that in Illinois. the only basis to contest the registration in NC is to contend and show that the order from Illinois is invalid, meaning it has been stricken or set aside or is on appeal. Disagreeing with the out of state order does... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: How to divorce a Federal inmate?

This question is for a friend. She was married in Georgia but her husband has been in Butner prison in North Carolina since 2013 to be out in 2023. She lives in China and can not get a visa to enter the USA since she applied for a Green card before her husband was arrested. How can she get a... Read more »

Adam Bull
Adam Bull answered on Jan 20, 2020

She can file an action for divorce and have him served in prison. Assuming he doesn't contest any of the allegations, the divorce can be obtained by summary judgment so she would not have to be here.

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2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Adam Bull
Adam Bull answered on Jan 20, 2020

There are no standard forms. Each case 8s different and therefore different information may be needed. An experienced family law attorney can formulate the necessary discovery.

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1 Answer | Asked in Family Law for North Carolina on
Q: What if the father is following the agreement made in mediation and the child cries and cries they don’t want tl go

Also he gets threatened by his fathers wife’s mom and she has hit him before the kids barely go to their dads he pretty much just whenever he wants he is suppose to get them every other weekend and he doesn’t and when he does he picks them up on Saturdays and brings them back on Sunday but he... Read more »

Adam Bull
Adam Bull answered on Jan 19, 2020

The child crying is generally not a basis to modify or withhold visits without more evidence of negative effects on the child as its not unusual for children to be upset about any change in there situation depending on their age.

Consult with an experienced family law attorney to determine...
Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Can you keep a child from a parent if they tried to pick them up drunk

I kept her before for thinking he was drunk and was charged with contempt bc I could not prove it. I called police this time and he was arrested for dwi.

Adam Bull
Adam Bull answered on Jan 19, 2020

Yes, you can take appropriate action to protect your child. You should consider filing a motion to modify custody given the current situation.

1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Adam Bull
Adam Bull answered on Jan 18, 2020

No. She is a minor and cannot make those decisions until she is 18. You or other relatives who have a substantial relationship with the child, could seek custody, but to do so will need to able to prove the mother is unfit which is a high burden.

I would caution against getting social...
Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: Soo I’m 18 and my boyfriend is 16 turning 17 and I’m pregnant will we get in trouble? The legal age of consent is 16

Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?

Can a minor recognize a baby legally?

I live in France and my baby will need a non immigrant visa to see... Read more »

Adam Bull
Adam Bull answered on Jan 16, 2020

Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.

Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.

Yes he can provide a passport.

3 Answers | Asked in Divorce for North Carolina on
Q: I married in January 2019 and broke up in February 2019. What's my separation date?

We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.

Adam Bull
Adam Bull answered on Jan 15, 2020

Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can I request a work schedule from my ex’s employer if the custody order says “if he is off work”

He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... Read more »

Adam Bull
Adam Bull answered on Jan 14, 2020

Yes

1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
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2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... Read more »

Adam Bull
Adam Bull answered on Jan 12, 2020

Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: I am married and I moved out 2 months ago. No separation papers.Can I see someone without the wife seeking legal action?

The new girlfriend is also married but moved out of her home too. Should we keep the relationship quiet or can we be open about it?

Adam Bull
Adam Bull answered on Dec 23, 2019

Until there are separation papers or other legal documents executed by both parties, you should be very careful and not flaunt any relationship. Both parties could be sued for alienation of affections.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My aunt is in the hospital with a tube breathing for her and her daughter that she doesn't want around showed up.

HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around

Adam Bull
Adam Bull answered on Dec 22, 2019

A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: My husband was shot in the back of the head. He suffered a tramatic spinal cord injury leaving him parayzed

Simple affray was the chosen charge for assailant. What legal options do I have

Adam Bull
Adam Bull answered on Dec 22, 2019

There are two different interactions with the law in this situation. The first is the criminal side which you mentioned. The state is in control of what charges to bring and the prosecution. It does seem like thet may have undercharged given then information provided.

There is also the...
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2 Answers | Asked in Child Custody for North Carolina on
Q: what county are you required to file for custody of a child in nc

Father resident in alamance and child in Ashe but court in orange

Adam Bull
Adam Bull answered on Dec 17, 2019

Venue is proper where either the mother, father, or child reside. If not filed there, then a change of venue can be made as of right.

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1 Answer | Asked in Criminal Law and Child Support for North Carolina on
Q: I am the victim of a on going dv case and I do not want to pursue it .

what can I say or do to help him when I am at court, can I say that I do not want to testify against him on grounds that I want to get back to together with him and do not want to compromise and happy home or do I pled the 5th . Also we have kids together he pays child support for child care is... Read more »

Adam Bull
Adam Bull answered on Dec 12, 2019

You need to be very careful and consider why, after what presum8is a short period of time, you are changing your position from seeking court protection from him because of your statements under oath of your fear of him, to expressing the exact opposite. You were either fabricating your statements... Read more »

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