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... View More 
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... View More
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?
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... View More
she is abusive . she dragged me by the hair down the stairs and threw me out . she controls my every move. all i do is work and go to school i barely go out and i am never disrespectful. Can I still go to school while living at a friends house?
answered on Nov 25, 2018
You can report the abuse to Child Protective Services and they will attempt to find you a guardian. That is your only option unless you have the funds to hire an attorney to file to have you emancipated. To be emancipated you have to be able to show that you are financially independent from any... View More
answered on Nov 24, 2018
Yes. County is called the venue. Venue is not jurisdictional, which means it can be waived. If a divorce is filed in a county where neither party lives, then the defendant can file a motion to move the divorce to the proper county. But it's not grounds to dismiss the action.here is the case:... View More
Her mother is emotionally and verbally abusive along with many other toxic and negative things going on within the home environment. She wants to live with her dad, however, he doesn't have custody; he just has visitation rights. They have spoken to one another and he agrees to let her come... View More
answered on Nov 5, 2018
Her father needs to hire a family law attorney to file a motion to modify custody. The motion has to be filed in the jurisdiction where the order was entered giving Mom custody.
So, partner #1 moves out end of March but divorce case isn't until February. Partner #2 stays in house, wants to keep it and pays on mortgage and upkeep, etc. Included in that would be escrow for taxes and insurance. There is also small homeowner's association bill coming out next... View More
answered on Nov 5, 2018
You need to bring all the information to a family law attorney to get an accurate answer. Amounts paid to maintain the martial home is a distributional factor, which may or may not be treated as a dollar for dollar credit by the judge. The same is true as having sole possession of the house, its a... View More
Each party covenants and represents to the other that a full and fair disclosure of all property owned, or believed to be owned, by the parties has been made to the other party and that this agreement is predicated upon this full and complete disclosure. This agreement shall not constitute a waiver... View More
answered on Nov 2, 2018
It means that you and your spouse do not have any hidden assets or debts that have not been shared with the other spouse. if you do have assets or debts that have not been revealed to the other spouse, and they are discovered later, the agreement does not prevent the person who discovered the... View More
There is nothing in the order stipulating that I can't. He was granted supervised visitation but never visited her. 1 year ago we tried to reconcile but he hasn't changed and also has taken zero initiative to be a part of her life. I'm trying to move back home but he is insisting he... View More
answered on Oct 23, 2018
It depends on the exact language of the court order. All of the court order. He can't have you arrested for kidnapping, but depending on what the order says, you might be in contempt of court or he might have grounds for emergency custody if you leave the state with the child. You need to... View More
Still working and we been together for 20 years. I have remarried and I want to know when I can stop paying the ex-wife
answered on Oct 18, 2018
you are posting this in a North Carolina forum. You need to repost it in a New Jersey for him so that New Jersey lawyers can answer the question. only attorneys licensed in New Jersey can answer a question regarding New Jersey Law
I would like to get some advice and legal help. I am a Spanish citizen (from Spain, Europe) and got married in CHarlotte Mecklenburg County in August 2008 with a British citizen. We lived there for two years (until 2010) and then moved back to Europe. We have been separated for the last five years.... View More
answered on Oct 17, 2018
One of the two of has to have lived in NC for the last six months to file for divorce here. So, no.
The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.
answered on Oct 17, 2018
Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest... View More
i live in north Carolina with my wife and tow kids, we came from mexico and i have work visa.
now she wants to divorce and plannign to take to Mexico or out of NC, so i cnat see them anymore.
if i am divorced how i can stop her to take the kids away of me.
answered on Oct 12, 2018
You need to hire a lawyer and sue her for custody. A lawyer may be able to help you obtain a court order to prohibit her from leaving NC with the children.
I ask because I also see this QRDO and wonder was that necessary before Final Divorce Decree?
answered on Sep 25, 2018
It depends on what the equitable distribution order says. If the equitable distribution order gives you a share of your spouse's retirement fund, then depending on what type of retirement account it is, you may need a second order instructing the administrator of the retirement plan to... View More
Consideration when calculating child support owed.
answered on Sep 23, 2018
Yes, but they will also take into account any benefits from the state for the support of that foster child.
We have had the baby since she left the hospital. We had a cps case 3 yrs ago that was closed bc nothing was found. They are saying this is grounds to say we can not keep the baby. Is this legal? What can I do, because she is my child and we have raised her as our daughter. She is only 3 months... View More
answered on Sep 22, 2018
If CPS has filed for and been granted guardianship, then they have the almost exclusive power to place the child. The only thing you can do to fight it is hire a lawyer and appeal to the judge.
How much support do I have to be behind before I would get in trouble?
answered on Sep 22, 2018
A single payment. Seriously you cannot miss a single payment. If you do you are in contempt of court, and you risk not getting your child back. Paying your child support is your responsibility to your child.
We have 2 children, 11 and 13. Substantial amounts of credit card debt.
answered on Sep 21, 2018
I am assuming that there is no prenuptial or marital agreement in place in answering your question. If there is an executed agreement that address is alimony than that agreement is controlling.
The first step in determining if alimony will be awarded is seeing if one spouse is the... View More
children. the oldest who is now grown married and gone took us to court at the age of 16 and I was given full custody of her. the other 2 are 16 and almost 10. I moved out of state to find work. from NC to SC. the kids chose to remain in NC with thier father during the school year. my 16 year old... View More
answered on Sep 21, 2018
You need to hire a lawyer in North Carolina, preferably in the county where the current custody order is located, and file a motion to modify custody.
answered on Sep 21, 2018
There aren't any forms for that procedure, so you would need to consult with a lawyer to get that done. Also you have to have the consent of both parents.
The agreement is for post secondary educational expenses for an emancipated 19 year old/ 20 in October '18. Agreement was for a school that child is no longer attending. Has also moved out of a shared apartment. Moving home for now. The agreement was expenses for this specific school and... View More
answered on Sep 20, 2018
There is no way to accurately answer this question without reading the agreement and knowing a lot more facts about your situation, but I can tell you that if the agreement was signed by a judge in Indiana and entered in a court in Indiana then you definitely need an Indiana lawyer. If it's a... View 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.
