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.
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,...
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...
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...
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.
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...
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.
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.
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.
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.
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.
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.
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...
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.
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...
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...
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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