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Questions Answered by Melissa Averett
1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: Why does CS hold my Children's Payments, one day the payments be on time, then the next they want get anything for weeks

CS holds the payments all the time, and I'm a single mom raising 3 children. The father of my 2 oldest is $13,199 in the rears of Child support payments, and he also hasn't filed taxes in like 3 or 4 years.

Melissa Averett
Melissa Averett answered on Nov 12, 2019

what do you mean by holding the payments? Are you saying that the father is paying on time and child support is not sending it to you? Child support of course can't send you money if he's not paying it to them.

1 Answer | Asked in Child Custody for North Carolina on
Q: where do i find the form that i need to fill out for change of venue for a closed custody case?

there is a closed custody case in onslow county and i would like to move it to duplin county before reopening the case

Melissa Averett
Melissa Averett answered on Nov 8, 2019

There are no forms for that. But you may be able to find an attorney to draft it for you, and tell you how to file it with the court, serve it on the other party, schedule the hearing, and then conduct the hearing yourself. Or just hire an attorney to handle it for you.

2 Answers | Asked in Child Custody for North Carolina on
Q: i’m 17 i’ll be 18 in february. can i move out w/out parents permission && without emancipation?
Melissa Averett
Melissa Averett answered on Nov 8, 2019

Yes, in February. You're not 18 years old and legally an adult until you're 18 years old.

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4 Answers | Asked in Divorce for North Carolina on
Q: The guy im dating has been separated for almost 3 years. If we move in together will he be obligated to pay alimony

He will have to pay alimony if we move in together

Melissa Averett
Melissa Averett answered on Nov 3, 2019

No. To be eligible to make an alimony claim you have to have been married.

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2 Answers | Asked in Family Law for North Carolina on
Q: im 7 months away from being 18 can my mother stop me from leaving
Melissa Averett
Melissa Averett answered on Oct 30, 2019

Yes. You are not 18 and therefore legally an adult until you are, in fact, actually 18.

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2 Answers | Asked in Child Custody for North Carolina on
Q: can i make my 14 year old daughter pay her phone bill?
Melissa Averett
Melissa Averett answered on Oct 28, 2019

If you are asking whether a minor can enter into a contract with a cell phone company, the answer is no. The phone has to be in the name of an adult, and if the phone bill is not paid, the phone company is going to go after that adult.

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2 Answers | Asked in Child Custody for North Carolina on
Q: How to go about getting temporary guardianship?

My niece is 15 and her and her mom are not getting along and my niece wants to come back and live with me. I live in NC nlw and her mom lives in Maryland. Her mom has no problem with her coming back to live with ms or giving me temporary guardianship. My brother (which is her father) is... Read more »

Melissa Averett
Melissa Averett answered on Oct 25, 2019

Since the child has been living in Maryland, Maryland has jurisdiction over her under the Uniform Child custody Jurisdiction and Enforcement Act. You would need to consult with a family law attorney in Maryland and file there. I disagree with my colleague that you have to allege the parents are... Read more »

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2 Answers | Asked in Family Law for North Carolina on
Q: Modification Needed when Custodial Parent moves to another state; Non-Custodial lives in another state

court order been in place since 2015; child is 11. Custodial Parent is moving from Mississippi to Vermont, Non-Custodial parent lives in North Carolina for 8 years. Non-Custodial needs Modification for visitation, meeting location etc.

Melissa Averett
Melissa Averett answered on Oct 24, 2019

Went to a family law attorney, and the jurisdiction where the current custody order is entered.

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2 Answers | Asked in Divorce for North Carolina on
Q: Can I contest a separation date if I was in jail/awaiting trial after bail due to my wife's false accusation. Found NG

I was found not guilty by judge approx. 5 months later; awaiting court date. I could not return to my home due to her false accusation of assault on a female, not due to me volunlarily leaving. She wants to use the date I was in jail due to her lie as the Date of Separation. Can I contest this date?

Melissa Averett
Melissa Averett answered on Oct 21, 2019

Only one person has to form the intent to separate permanently. If she decided that on the date you went to jail she no longer wanted to be married to you, and she hasn't reconciled with you since, then that is the date of separation. So no you do not have grounds to contest it.

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3 Answers | Asked in Family Law for North Carolina on
Q: My husband bought our marital/family home prior to our date of marriage and I was never added to the deed or mortgage.

I was forced out of the home with our children due to constructive abandonment for domestic violence almost a year ago. However, we remained working on our relationship regardless of the disputes dealt with in court. Now that I have refused to drop my claim for child support, my husband refuses to... Read more »

Melissa Averett
Melissa Averett answered on Oct 21, 2019

Because you established another residence, you could be charged with domestic criminal trespass if you return to the marital residence. But you do have other rights. You need to consult with a family law attorney in your jurisdiction to protect those rights.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Hi. I have a friend, a 21 yr old single mother being tricked in family court and needs an atty pro bono if possible.

She has 2 kids and has been trying to handle a messy visitation agreement on her own. Shes being tricked by her babys fathers lawyer into signing things. She has a court date set for the end of this month and no representation as she cant afford to hire one. Shes scared shes going to lose her kids.... Read more »

Melissa Averett
Melissa Averett answered on Oct 16, 2019

Raise money for her to hire an attorney. Do a fundraiser, post on GoFundMe, try Facebook donations, but trying to find a pro bono attorney is pretty much a non-starter. But you might be able to convince an attorney to take it on a flat fee of 2500 to 5000. Practicing law is an extremely... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: How can I find a divorce lawyer that help with income taxes owed?

My husband and I have been separated since March 2018, we owed also 10,000 dollars in federal taxes and I need him to pay half of this responsibility. I paid all of state taxes since 2013 to 2018. I also, paid all of 2013 and 2018 federal taxes but we still owe some of 2014 thru 2017. He just... Read more »

Melissa Averett
Melissa Averett answered on Oct 15, 2019

if you have not gotten divorced, and you haven't signed a separation agreement dividing your assets and debts, then you can hire an attorney to file for what's called equitable distribution. Equitable distribution is the process by which court divides your marital assets and your debts, including... Read more »

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3 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: What is the time that an attorney has to respond to a Show Cause and Contempt?

We have filed a Show Cause and Contempt along with an Amended Motion to Modify Custody on July 24, 2019. My Ex attorney was served by fax the same day as well and certified mail received 3 days later. As of today we have not received a response and her attorney is not answering emails, calls or... Read more »

Melissa Averett
Melissa Averett answered on Oct 13, 2019

As stated by the other attorneys, no response is required. your ex attorney didn't need to do anything because that's your ex attorney and they know and have any responsibility in your case. You don't have to serve them with anything. Opposing counsel he's waiting for you to schedule a hearing. To... Read more »

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1 Answer | Asked in Child Support for North Carolina on
Q: How do I get the courts to sign off on a child support order. I went for child support last year and still nothing

I was granted full custody I last year. And also asked for child support... The judge gave me the worksheet of the amount I would get.. I called and they told me they don't see any court order.. Now i don't know where the judge is. I have a new family court judge

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You need to schedule a hearing on child support, and at this point retroactive child support. A family law attorney in your district, or child support enforcement can help you with this issue.

1 Answer | Asked in Divorce for North Carolina on
Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce?

I heard you can still be held responsible for another man's child if the child is born into your marriage.

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You still have to wait a year. You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage.

1 Answer | Asked in Child Custody for North Carolina on
Q: How to file custody when one parent left the state of NC and has threatened to come back and remove the minor child?
Melissa Averett
Melissa Averett answered on Oct 7, 2019

you need to hire a family law attorney in your jurisdiction to file for custody. A custody case is not something you want to do on your own when the other parent is threatening to take the child out of state.

1 Answer | Asked in Child Support for North Carolina on
Q: Is NC a compliant state with MD on child support? I live NC and just found out I have 4 yr.old MD DNA

I just had to take a DNA to prove father of a 4 year old . I asked for Dna when born mother refused and 2 years ago she wanted support but wouldn't give DNA and now state made her do DNA and now they want 1300.00 a month support .I have a special needs child I have full custody of and I am self... Read more »

Melissa Averett
Melissa Averett answered on Oct 7, 2019

yes, Maryland can ask NC child support enforcement to register the child support order and enforce it. You need to hire an attorney in Maryland to see if the amount can be changed. you can search for a child support attorney in Maryland on this website.

1 Answer | Asked in Child Support for North Carolina on
Q: Is going through child support enforcement agency better than getting an attorney to file child support for me?

We are on medicaid and I was told to go to legal Aid for help with filing child support. Whats the difference between the two (Free attorney and Child Support Enforcement) Are they both court ordered? which one is faster ?

Melissa Averett
Melissa Averett answered on Oct 7, 2019

It varies from county to county, but in general, if both parents are wage earners with W-2 documentation of income, child support enforcement (CSE) is the way to go. But if the person you are trying to get money from is going to be hard to find, or is self employed, or you are seeking retroactive... Read more »

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