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Questions Answered by Melissa Averett
1 Answer | Asked in Child Support for North Carolina on
Q: I was placed on support two different times and both cases were dropped by her, can she open up another case?

Even know the case was dropped they are trying to add another child to an order that was dropped years ago, and the child has not been proving mine what can I do?

Melissa Averett
Melissa Averett answered on Feb 21, 2020

Ask for a DNA test, assuming you were not married to the child's mother. Yes, child support can be brought up at any time before the child's graduation from high school or age of 18, whichever is later.

1 Answer | Asked in Divorce for North Carolina on
Q: I've been separated for 3 years and recently got a divorce. Can I remarry right away?

How do I know if and when my divorce finalized? And how long must I wait to remarry? I know for a fact that he has plans on remarrying as well so there will be no appeal. We ended this marriage non contested, outside of court, and are on good terms.

Melissa Averett
Melissa Averett answered on Feb 6, 2020

When you say you "got a divorce," did you go to court, or have an attorney go to court for you to have a judge sign a divorce order? You are divorced as soon as a Judge signs the order saying you are divorced and it's filed with the clerk. If the divorce has been done correctly, you can get married... Read more »

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

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2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Melissa Averett
Melissa Averett answered on Jan 20, 2020

There is no form. Interrogatories and requests for production of documents are case specific, and subject to a wide variety of rules including the rules of evidence, civil procedure and case law. You should consult with an attorney before proceeding.

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2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... Read more »

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1 Answer | Asked in Child Support for North Carolina on
Q: Can a court order be issued for child support if mother is not US citizen and lives abroad with a US citizen child?

I am not US citizen and I am planning to reside out of US with a child who is US citizen by birth. My husband , who I am separated from , is US citizen too. He agreed that child lives with me abroad. My question is about child support, if I am not US citizen and live out of US, is my husband... Read more »

Melissa Averett
Melissa Averett answered on Dec 29, 2019

Yes, but the proceedings need to be filed where he lives so it can be enforceable against him in his jurisdiction.

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How does someone go about getting custody or visitation for their child that they haven’t seen in 2years?

The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... Read more »

Melissa Averett
Melissa Averett answered on Dec 27, 2019

He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.

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1 Answer | Asked in Family Law, Elder Law and Social Security for North Carolina on
Q: My friend's elderly mother is being abused by her husband. What type of attorney does she need? Thank you.

She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband just... Read more »

Melissa Averett
Melissa Averett answered on Dec 22, 2019

She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.

2 Answers | Asked in Child Custody for North Carolina on
Q: what county are you required to file for custody of a child in nc

Father resident in alamance and child in Ashe but court in orange

Melissa Averett
Melissa Averett answered on Dec 17, 2019

The county where a case is filed is referred to as 'venue'. Venue is proper where the plaintiff, the defendant or the child lives, or where most of the evidence and witnesses are. But filing in a county does not have proper venue is not grounds to dismiss the case, it's just grounds to move the... Read more »

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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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