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Questions Answered by Melissa Averett
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 »

2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: I live in NC. I have been separated from my wife for 7+ years and want to buy a house without her having claim to it.

I would like to purchase a house knowing my wife (separated for 7+ years) will not get it in the eventual divorce.

Melissa Averett
Melissa Averett answered on Sep 25, 2019

You need a divorce, or you need a free trader agreement signed by your wife (this is a document that says both of you can engage in financial transactions as if unmarried), or quit claim deed signed by your wife giving up her interest and the new house. A separation agreement typically contains a... Read more »

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1 Answer | Asked in Family Law for North Carolina on
Q: As an unmarried mother from Florida without a court order, do I still automatically have sole custody over children?

I moved here from Florida, we established child support in florida, case hasn’t transferred to North Carolina yet.. but do I still have full custody of my child even though father and I were never married.

Melissa Averett
Melissa Averett answered on Sep 17, 2019

No. Both parents have the same custodial rights to the children until there is a court order stating otherwise. You need to talk to a family law attorney to protect your rights.

3 Answers | Asked in Family Law for North Carolina on
Q: Can I be sued for visitation rights if I have proof by texts and pictures that the other parent has been making. Visits

I was served summons papers yesterday by ups

Melissa Averett
Melissa Averett answered on Sep 15, 2019

without knowing a lot more about your situation and seeing the actual paperwork that you were served with it would be impossible for any attorney to answer your question. You need to meet with a family law attorney in your jurisdiction to discuss all of your options and analyze your situation.

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2 Answers | Asked in Divorce for North Carolina on
Q: What other options do I have to have my ex husband served the divorce papers if he does not pick up certified mail.

I filed for divorce 8/4/19, he did not collect the 1st copy I sent by certified mail. I sent a second copy 9/2/19. I do not want to miss the 90 day deadline to have a courtdate issued.

Melissa Averett
Melissa Averett answered on Sep 15, 2019

If he's not served within the first 90 days, you just have to issue a new summons, and have law enforcement try to serve him.

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1 Answer | Asked in Divorce for North Carolina on
Q: seeking immediate divorce...

Have no intention on pursuing a marriage ... He has been incarcerated months to years ...has not been a father or husband ...no desire to further marriage please assist

Thanking you in advance for your time and consideration in this matter..

Melissa Averett
Melissa Averett answered on Jan 22, 2019

There's no such thing as an immediate divorce. You have to have been separated for a year before you can file for divorce. how to file for divorce in North Carolina you have to have lived here for at least 6 months. Then the process typically takes a couple of months after that. An attorney can... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: Should "monthly adjusted gross income" be used for BOTH parents in a child support order?

Just got the signed order in the mail. My ex's monthly gross income reads $2,177.77 whereas mine reads $2,500.00. Directly under it, my ex's monthly ADJUSTED gross income reads $1,787.37 whereas mine still reads $2,500.00. I sent them my pay stubs so they have all the income information they need.... Read more »

Melissa Averett
Melissa Averett answered on Jan 22, 2019

On the left side of the form each line is described. it's really hard to confirm what you're talking about without having a copy of the form. But typically there's the gross income, and then a credit if there's another child in the household or if that parent is paying child support for another... Read more »

2 Answers | Asked in Arbitration / Mediation Law and Child Custody for North Carolina on
Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?

I am currently struggling to see my child. The other parent makes to many hoops and I jump but still nothing. I can afford a lawyer at the time. I was curious as to going about filing for mediation. I just want my rights as a father to see my child. Nothing out of way or anything like that. I do... Read more »

Melissa Averett
Melissa Averett answered on Jan 22, 2019

You can't file for just mediation. You can file for custody, and then once you file for custody, free custody mediation through the court system is required in NC.

If you go to mediation outside the court system, and no court action has been filed, and it's doubtful that you're going to end...
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1 Answer | Asked in Child Support for North Carolina on
Q: I am in the middle of doing my child support modification. I am unsure of things

I have two mother of children. When the second child support order went in they didn’t include the first one and I am not sure how to word that in my modification. I lost my job since the hurricane and recently got behind. I got a court appointed laywer and he said I needed to do a modification.... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2019

here is the form: https://www.nccourts.gov/assets/documents/forms/cv600-en.pdf?p6P9vXt4PG5WShmWZ_EbNOLmSagI8yw_

the change of circumstances are that 1) credit for child support payments made to child from another relationship were not included in the ordered amount, and 2) loss of...
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2 Answers | Asked in Family Law for North Carolina on
Q: how can I file for visitation without a lawyer?

my ex and I were not married, I pay child support, I was getting my child every weekend and then she got mad, now I have family that gets him basically everyday but she states I haven't proven myself, I cant afford a lawyer but I would like my visiation, can I file for mediation without a lawyer.... Read more »

Melissa Averett
Melissa Averett answered on Jan 13, 2019

See if you can find a local attorney willing to help you with Litigation Assistance or unbundled services. That's where the attorney drafts the documents, and tells you how to file them. The attorney does not make an appearance as your attorney of record and does not go to court with you. That's a... Read more »

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I would like to know my rights for a divorce.

I have been married for 13years. I have a DVPO against my husband. We have a house that we have only had for 4yrs. Everything is in my name. I would like a divorce and would like to know what's my rights and my best recourse to take.

Melissa Averett
Melissa Averett answered on Jan 12, 2019

That is a question that is too complicated for an answer in a text message. You need to meet with an attorney in your jurisdiction to get an accurate answer.

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2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I'm on child support an I haven't seen my boy in years..I beg an beg no answer ..I pay my support
Melissa Averett
Melissa Averett answered on Jan 6, 2019

You didn't actually ask a question, but I'm going to assume that you're asking how to get visitation with your son. You need to hire an experienced family law attorney, probably in the county and state where your son lives, and sue for custody and visitation.

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1 Answer | Asked in Child Support for North Carolina on
Q: If Parental Rights are surrendered?

My step-son was court ordered through DSS of Rutherford County, North Carolina to pay child support on his 4 children. Me and my wife have Guardianship over two of the grandchildren, ages 11 and 9, until they are 18. If he relinquishes parental rights is he still obligated to pay child support or... Read more »

Melissa Averett
Melissa Averett answered on Jan 5, 2019

A parent cannot surrender their own parental rights. If they could every parent who didn't want to pay child support and wasn't allowed to see their children would do so, and the government would have to support those children. If you have grounds under North Carolina law to terminate his parental... Read more »

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