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Questions Answered by Stephen Edward Robertson
1 Answer | Asked in Child Support, Family Law and Public Benefits for North Carolina on
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement

Can i just take my child off Medicaid ? Or are there other options

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 13, 2023

In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I have a TRO hearing to freeze assets for supporting spouse. What do I need to do to prepare. What will be Court costs.

I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is... View More

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 5, 2023

In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it... View More

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How do I contest a divorce?

My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 19, 2023

In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: Can I adopt in NC with ADHD?
Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 18, 2023

According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:

physical and mental health, financial information, the...
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1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: I had eviction court on 1-9-23. How long do I have to willingly move out? I don’t wanna get blindsided. Greenville NC.

I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 17, 2023

You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass,... View More

1 Answer | Asked in Child Custody, Family Law and Criminal Law for North Carolina on
Q: Nc child custody lawyer need help. Have to go back and want to know gull extend of options believe been screwed

Had custody case got 5050. Unsure never got a final copy and has been 4 years. Problems have persistent need to go back feel like right have been violated with the case need help going back

Stephen Edward Robertson
PREMIUM
Stephen Edward Robertson
answered on Jan 12, 2023

First you should call the clerk of court to find out if an Order has been entered. You should have been served, but it is possible that an Order was entered without you being served. The clerk will be able to inform you of the status of the case. If there is no actual written Order in the file,... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I’m in NC and my husband served me with divorce papers but my name is spelled wrong on every document. Is this valid?

I don’t think he’s using legal counsel. I think he’s using the self help on the 3rd floor in Mecklenburg county court house. He emailed me a updated notary form with my name spelled correctly where I sign but the title page still has my name spelled wrong. Just want to know if this is legit.

Stephen Edward Robertson
PREMIUM
Stephen Edward Robertson
answered on Oct 18, 2021

If it's meant for you and you got it, you should answer it. A court would likely deem it a mere inadvertent mistake when considering whether or not service is effective under Rule 4.

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