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North Carolina Family Law Questions & Answers

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

Q: In 2006, my husband obligated to keep a college fund for both of his children. Now his daughter is graduating HS.

She has severed all communication with him. His ex-wife and the daughter chose the school without his knowledge. What is his obligation to pay for college? His ex-wife says it is 70-30. We are willing to pay 50-50 even though there is no relationship. The separation agreement does not state the... Read more »

Amanda Bowden Houser answered on Jun 18, 2019

I can not stress how incredibly not smart (this is the nicest way I can say stupid) it was to contractually obligate himself to pay for any portion of college (or any thing else for that matter that goes beyond required child support). Had he not contracted, he certainly could have paid if he... Read more »

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

Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?

Long story. I pay some Bill's and am working almost full time.

Bruce Alexander Minnick answered on Jun 17, 2019

Sorry, but no. The law does not require parents to give any notice to their adult children before they kick them out of the nest. You might understand why someday--when you have adult children.

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

Q: If someone that is not a relative does an emergency hearing child custody case against parent get there child back?

Had a case and my daughter was pose to be with her father but ended up with a friend he worked with cause he got locked up. Now the individual did an emergency hearing and I don't have my child but I'm trying to figure out how to get full custody

Amanda Bowden Houser answered on Jun 17, 2019

You need to consult with a family law attorney in the area where the hearing was held.

1 Answer | Asked in Family Law for North Carolina on

Q: I have a QDRO not completed can I deal directly with apposing council responsible to file without attorney

I have lost my attorney. Opposing council was responsible for writing and filing. It was completed but n issue arose from company buyout on the 401k. A work around has been proposed to give me the amount agreed up. The only thing lacking is any growth on the fund since Oct of 2018. It seems I... Read more »

Angela L. Haas answered on Jun 14, 2019

Yes. You can communicate directly with the opposing counsel, now that you are not represented by an attorney

2 Answers | Asked in Family Law for North Carolina on

Q: Hey, my friends mother is threatening to kick her out of the house, she's 18 with no income, and a serious illness Fabry

She's currently getting treatment for her condition once a fortnight, would it be legal for her to be kicked out?

Angela L. Haas answered on Jun 13, 2019

Unfortunately, she can force her to leave one way or another. If she has been paying anything towards the house bills (mortgage, rent, utilities, etc.), her mother will most likely have to go through an eviction process before being able to force her to leave. If not, the police may force her to... Read more »

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

Q: I am married disabled women with 2 children that was abandoned by my husband , is spousal support available for me?

We moved here in N.C on 5/2018 from Md. and my husband sent us ahead to a rental property that he was supposed to accompany us when he found employment but instead ask for an divorce again after reconciliation when he had abandoned us before in Md.

Angela L. Haas answered on Jun 6, 2019

You should be entitled to spousal support, if he has any disposable income after meeting his reasonable monthly expenses, and you have not committed adultery. The sooner you file an action for Post-separation support and alimony, the better.

2 Answers | Asked in Child Custody and Family Law for North Carolina on

Q: Im 17 years old will be 18 in december and my dad has custody of me, Can i run away?

My father is abusive towards me and i want to live with my mother i have reported this to DSS multiple times and wont take it to 215 or do anything about it. the law is "it is not illegal for a 17 year old to run away without parental permission. Since it isnt against the law there is no... Read more »

Angela L. Haas answered on Jun 5, 2019

You can leave and go to your mother's. However, the police may suggest that you return, and will certainly encourage your mother to encourage you to do the same (since he has custody); however, they can't make you. Your mother could file a Motion to Modify Custody, and at least get it filed with... Read more »

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1 Answer | Asked in Family Law for North Carolina on

Q: Does a father have any rights if not on birth certificate? How would he give up rights, if any?

Father is natural father no need for paternity. Mother is wanting financial support the father has stated since the beginning that he does not want to be part of child's life and wants to give up any rights, they came to an agreement. Mother has reached out recently saying father can't give up... Read more »

Amanda Bowden Houser answered on Jun 4, 2019

Father has no rights if not on the birth certificate but that doesn't mean he can't get rights or that can't be made to pay child support. Further, if he is the father, he can consent to his rights being taken but he can not voluntarily and unilaterally give up those rights. If he could, men all... Read more »

1 Answer | Asked in Family Law and Domestic Violence for North Carolina on

Q: We currently have a temporary restraining order against my mother in law. Is there anything we can do to not go to court

Is there anything we can do to get her to leave us alone without going to court?

Amanda Bowden Houser answered on Jun 3, 2019

You don't get to eat your cake and still have it. You didn't seem to have any problem making the accusations to have the restraining order temporarily granted. If your mother in law's conduct warrants a restraining order, then you and your husband ought to have the fortitude to publicly stand... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: Hi thanks for answering my question however I didnt word it right sorry yes I understand she can evect me however, i fel

This was almost or is blackmail I will be moving elsewhere with my daughter I am also pregnate w his child again , do I have a case to sue her for this for emotinal and mental distress or ? I give him while residing here my support card and he collects his money right back off it. I'm sorry I just... Read more »

Amanda Bowden Houser answered on May 17, 2019

You may have a case, but you would need to consult with a local attorney who can review your situation in more detail to determine if you can sue the homeowner for anything like emotional distress or possibly have her charged with crimes like blackmail. What she is doing definitely does not seem... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: I had to move in w my daughter father and fam, before this I had an custody and support order issued his sister actual h

Homeowner where I reside had me served w noterized papers stating that if i dont drop the order i will be evicted, however while residing here i have already given him the support card n he gets all his money rt back i only felt this was right is this legal can I sue her dor this

Amanda Bowden Houser answered on May 17, 2019

What's legal and what is right are often two different things. She is likely able to legally evict you so if you want or need to stay where you are you may need to work something out with your daughter's father and the homeowner. Of course you can always, take the child and the support money and... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: had an affair 3 years ago. wife found out 100 days ago. We have remained together.can she file for div from bed and boar

We have kids and a home

Amanda Bowden Houser answered on May 16, 2019

The affair is irrelevant to whether she can file for divorce from bed and board - she could do that for any reason. Of course, the fact that there was an affair makes her case a bit stronger if she decides to go that route. However, filing a divorce from bed and board or duking things out in... Read more »

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

Q: Could I get a family friends almost 16 year old daughter if CPS takes her?

We have a family friend who is in a relationship with someone who does bad drugs she won't leave the cops have been called so many times that CPS is involved. Her daughter calls herself my niece she stays with me for a week or so almost every month or so. CPS told her mom that they was going to... Read more »

Amanda Bowden Houser answered on May 15, 2019

If CPS takes her they may consider you but likely not. It'd likely be better for the mother to consent to you having custody to preemptively side step DSS. If they get involved, there is no telling what will happen - they are the very definition of unpredictable (and that is the nicest thing I... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: I just received a "Motion for Contempt" for medical bills from my ex-wife for my now 22 y/o that are 4-9 yrs old

This is in NC. In 2000 Very, very bad divorce, child custody, accusations, etc. In 2007 Court ordered counseling, I attended but my ex stopped bringing my daughter and then they moved a couple states away in 2011/2. I have not seen my daughter since. She is now 22. I just received this Motion in... Read more »

Amanda Bowden Houser answered on May 15, 2019

The outcome depends on several factors but two are most important: 1) if the bills are legitimate, and 2) if you are under an obligation to pay. If so - ya gotta pay up simple as that. At this point, you just need to bite the bullet and hire an attorney. Your odds of a motion to dismiss or even... Read more »

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

Q: How should i prepare for hearing

I father two kids. Both with the same women(never married) The oldest kid lives with my mother who has full court ordered custody.The youngest lives with biological mother.I pay support for the youngest child to the mother but my mother doesn't receive support from either parent. Recently the... Read more »

Amanda Bowden Houser answered on May 10, 2019

If the older child is living with the mother - why do you think she shouldn't get money? Don't want to pay child support, have your mother take the child back or move for a modification of custody yourself to have the older child live with you. Otherwise, pay child support. Your other option is... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on

Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Houser answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: I have had custody of my 3 grandchildren for 5 years,the moter is taking me to court to regain custody,

the 2 oldest are 14 and 15 and do not want to live with her the youngest is 8 and isnt old enough to know.she is living in someone elses home and doesnt work and has 3 felony drug charges against her,i am devestated at what i need to do on my court date i have no money for an attorney,i live in... Read more »

Amanda Bowden Houser answered on May 2, 2019

Do you have a specific question? If so, you should ask it. Otherwise, just show up and tell the truth. Do you really think any Judge from good 'ol boy North Carolina will be inclined to uproot 3 children after 5 years to put them with an unemployed potential felon?

1 Answer | Asked in Family Law for North Carolina on

Q: I am in an verbally and mentally abusive situation I am an 18 year old college student

1. Is it legal for my mother to report a false kidnapping claim to the police

2. How could I prevent her from doing wellness checks

3.is it legal for her to put her hands on me and force me to go with her.

4. Should I explore getting a restraining order if she has... Read more »

Amanda Bowden Houser answered on Apr 25, 2019

1. Is it legal for my mother to report a false kidnapping claim to the police - Likely not.

2. How could I prevent her from doing wellness checks - You likely can't.

3.is it legal for her to put her hands on me and force me to go with her. - No.

4. Should I explore getting a...
Read more »

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

Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

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

Q: I am going thru custody/ visitation I have no lawyer and have no idea how to file a request for civil action hearing

I need help and can’t afford an attorney

Angela McIlveen answered on Apr 25, 2019

In a child custody case, the plaintiff would file a complaint which would be served on the defendant. The defendant would file an answer to the complaint which would be mailed to the plaintiff.

Depending on where you live, the next step could be to file a motion for temporary custody and...
Read more »

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