Questions Answered by Melissa Averett

Q: seeking immediate divorce...

1 Answer | Asked in Divorce for North Carolina on
Answered on Jan 22, 2019
Melissa Averett's answer
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 explain the process to you and file the correct paperwork, or you can contact legal aid of North Carolina and they can help you with the forms.

Q: Should "monthly adjusted gross income" be used for BOTH parents in a child support order?

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 22, 2019
Melissa Averett's answer
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 child. Gross income minus that credit is the adjusted gross income.

if you're not paying child support for a second child, or if you don't have a child that you're supporting in your household,...

Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?

2 Answers | Asked in Arbitration / Mediation Law and Child Custody for North Carolina on
Answered on Jan 22, 2019
Melissa Averett's answer
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 up with an agreement that can be enforced because mediators cannot write the formal agreement.

But if you file for custody, and then go through Court mediation, if you reach an agreement in...

Q: I am in the middle of doing my child support modification. I am unsure of things

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 21, 2019
Melissa Averett's answer
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 employment.

for the date of the previous order, you need to see the court file. Go to the court house in the county where the action is pending and ask the clerk of court to either look up the date...

Q: how can I file for visitation without a lawyer?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 13, 2019
Melissa Averett's answer
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 lot less expensive. Not every attorney is willing to provide that service, so you probably need to call around.

You need to file a lawsuit for custody, serve the mother of your child, and...

Q: I would like to know my rights for a divorce.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Answered on Jan 12, 2019
Melissa Averett's answer
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.

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

2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jan 6, 2019
Melissa Averett's answer
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.

Q: If Parental Rights are surrendered?

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 5, 2019
Melissa Averett's answer
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 rights then you can hire a lawyer and file the appropriate paperwork and have a hearing. The statute, which you can Google, is NCGS 7B-1111. But it also sounds like you would qualify for a restraining...

Q: In NC, if my employer directly pays my childcare provider the cost of my daughter's childcare how does that factor in

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 4, 2019
Melissa Averett's answer
It can be counted as income to you and credited to you as an expense, or it can not go into the child support calculation at all since you are not paying it. What can't happen is it can't be credited as an expense without an income adjustment, and it can't be counted as income without an expense credit. I would run the calculation both ways and then decide what to argue.

Q: Will I be able to get emancipated? Do I have any other options on what I can do?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 3, 2019
Melissa Averett's answer
To file for emancipation you have to show the court that you were employed with a high enough wage be self-supporting (or have a trust fund), and that you have a place to live. In other words you have to show the court that you're not going to need public assistance and you're not going to need your parents to pay for anything. If you've met that threshold then you need to talk to an attorney.

Q: My sister just died leaving a house in Florida with a 60,000 mortgage full of belongings a car half paid off and no will

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 2, 2019
Melissa Averett's answer
You need to repost this question in the Florida Forum so that a Florida attorney sees it and answers you. Only North Carolina attorneys see your question unless you specifically pick Florida. And the laws are different in every state when it comes to inheritance.

Q: In NC if you have a Notarized Agreement stating the father will not have to pay child support, can you get Support still

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
Yes. Child support is the right of the child and it cannot be waived by either parent.

Q: My daughter died in Sept. Of 2006. At that time they said I was paying back child support. After her death; they took

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
You might want to ask your question in the forum for New York. But in North Carolina, your back child support was owed to the person who had custody of your daughter. Back child support is the money that you owed to that person before your child died. Think of it as the person who had custody of your daughter having loaned you that money and you were paying that loan back.

Q: Currently ima being made to pay child support but i signed over custody to my mom I have no custody nor do I see them

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
Unless your parental rights have been terminated, you have a legal obligation to financially support your children whether you have custody of them or not. Child support payments are not a fee that you have to pay to see your children. Child support payments represent your financial obligation to support the children that you brought into the world. And chances are excellent that your mother is spending more money on your children then what is covered by your child support payment.

Q: 2 marriages?

1 Answer | Asked in Family Law for North Carolina on
Answered on Dec 27, 2018
Melissa Averett's answer
Depends on whether she took legal steps to have her first husband declared dead. if she took the legal steps to have her first husband declared dead then her second marriage is valid. If she didn't take those legal steps then her second marriage is invalid, and bigamous, and she is still married to her first husband.

Q: My son took custody papers out for his son. So how can his girlfriend go behind him & do the same thing?

1 Answer | Asked in Child Custody for North Carolina on
Answered on Dec 26, 2018
Melissa Averett's answer
Jurisdiction for custody case it's not based on where the child was born. And it's not based on who filed first. The Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in every state with a few variations from state to state, determines which state has jurisdiction. If the child has lived in Michigan for the last six months, and is living there now, then Michigan is the home state. And that makes Michigan the proper state to determine custody. If the child has not...

Q: If I have double the assets of my fiancé, should I get a prenup? (North Carolina)

1 Answer | Asked in Family Law for North Carolina on
Answered on Dec 26, 2018
Melissa Averett's answer
Yes. And don't use a computer form. I makes lots of money helping people get out of or at least minimize the damage caused by using a computer form instead of hiring an attorney.

Q: I am getting married and we are going to be purchasing a house in a few months. Can I put just my name on the house?

2 Answers | Asked in Real Estate Law and Family Law for North Carolina on
Answered on Dec 26, 2018
Melissa Averett's answer
Presumptively, yes, it's 50/50 regardless of title, but the presumption is everything ok enjoy stronger if the house is titled jointly, aynd the mortgage holder will insist that it's titled jointly. You can, however, have an attorney prepare a marital agreement that says otherwise and gives you credit for your pre-marital contribution. Both spouses would need to sign the agreement before a notary. Don't use a computer form. I make lots of money off people who used a computer form that bites...

Q: What are my chances of getting a fair price for child support if I take my Daughters mom to court?

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Answered on Dec 24, 2018
Melissa Averett's answer
North Carolina uses child support Guidelines to determine the right amount. The Guideline formula uses each parent’s income, the custody schedule based on the number of overnights, and certain child-related costs. Life style is irrelevant.

You can argue that the expenses that you are already paying are child support. You cannot control how the other parent spends the money. If the other parent spends money on food, a car, any living expenses used by the child, then the child support...

Q: After we were married my husband upgraded his Time-Share involving me making the payments each month. $543 x 48 mos.

1 Answer | Asked in Divorce for North Carolina on
Answered on Dec 16, 2018
Melissa Averett's answer
Did you file for equitable distribution? If not, you need to do that BEFORE the divorce is entered by the court. In NC, that claim will protect your marital interest in the property regardless of title. The claim just has to be pending when the divorce is entered. There are no forms to file equitable distribution, so you will need the help of an attorney.

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