Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Melissa Averett

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 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 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 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...
Read more »

View More Answers

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 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...
Read more »

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 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 »

View More Answers

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 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.

View More Answers

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 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.

View More Answers

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 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 »

1 Answer | Asked in Family Law and Child Support for North Carolina on

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

when I file for child support? Would that mean the cost of her child care doesn't count as a work-related expense because neither parent is directly paying? Or because it is a benefit of my job would it factor into my income and as an expense I'm paying? Very unsure.

Melissa Averett answered on Jan 4, 2019

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... Read more »

2 Answers | Asked in Family Law for North Carolina on

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

I live with my mom and we have a toxic relationship. It’s gotten to the point now that she’s trying to put me in a group home. I’ve talked about getting emancipated and looked into everything. This past week she tried to get me involuntary committed but it didn’t work because the doctor... Read more »

Melissa Averett answered on Jan 3, 2019

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... Read more »

View More Answers

1 Answer | Asked in Family Law for North Carolina on

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

Im her only living relative do i have a legal way to take over house and car payment

Melissa Averett answered on Jan 2, 2019

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.

1 Answer | Asked in Child Support for North Carolina on

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

Father did not want the child so he wanted a signed notarized agreement stating he would not have to pay. Can you still file for child support?

Melissa Averett answered on Jan 1, 2019

Yes. Child support is the right of the child and it cannot be waived by either parent.

1 Answer | Asked in Child Support for North Carolina on

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

About 7k dollars from me. Before she passed she didn't receive the back payments. Where did my money go??New York state child support

Melissa Averett answered on Jan 1, 2019

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... Read more »

1 Answer | Asked in Child Support for North Carolina on

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

Why I am I still paying?

Melissa Averett answered on Jan 1, 2019

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... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: 2 marriages?

What happens if a woman gets married and pregnant, her husband goes to war and is MIA and presumed dead, she gets remarried (for financial reasons), afterwards her husband returns from war, what is the situation?

Melissa Averett answered on Dec 27, 2018

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... Read more »

1 Answer | Asked in Child Custody for North Carolina on

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

My son filed custody papers for his son. He is doing everything the courts has told him to do. Friday before Christmas he gets papers from Michigan from his girlfriend that she is filled custody papers to. The papers read he has so many days to fill them out & get the papers back. Well everyone... Read more »

Melissa Averett answered on Dec 26, 2018

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... Read more »

1 Answer | Asked in Family Law for North Carolina on

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

Melissa Averett answered on Dec 26, 2018

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.

2 Answers | Asked in Real Estate Law and Family Law for North Carolina on

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?

The proceeds from my current house (100% mine) plus $300k of my savings are going into the new home. We are taking out a $200k mortgage in both of our names. Will all this be 50/50 after we get married?

Melissa Averett answered on Dec 26, 2018

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... Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for North Carolina on

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

My ex has my daughter during the WORK week. We meet at my moms to drop my daughter.every weekend my daughter is at one of her grandparent houses. I pay my ex’s phone bill, $350 a month in child support. I have my daughter under my medical&dental, I buy all the school clothes& anything else extra... Read more »

Melissa Averett answered on Dec 24, 2018

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...
Read more »

1 Answer | Asked in Divorce for North Carolina on

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

I also purchased a 1957 chevy Bel air for $20,000. It's under his name because I had bad credit. He said after I paid it of he would transfer it to me, he hasn't. Now I filed for divorce, what can I do?

Melissa Averett answered on Dec 16, 2018

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.