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North Carolina Questions & Answers

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

Q: Ex wife and I got divorced while she was pregnant and didn’t report it on the divorce papers. Do I have rights?

Amanda Bowden Houser answered on Jun 26, 2019

If the child was not yet born, you are not supposed to 'report' it on the divorce paperwork. As to rights, if you are the father - you have rights. You may have to assert your rights but you do have them.

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Is an attorney required to add my daughter's name to the deed to my personal residence in North Carolina?

If an attorney is not required to draft and file the deed, how do I go about doing it myself? Thank you.

Vincent Gallo answered on Jun 26, 2019

If you feel confident that you could execute on the task without the aid of an attorney, at least in New York, you would be free to do so.

1 Answer | Asked in Child Custody for North Carolina on

Q: I was talking with a coworker of mine who is going through a similar situation as me with putting my son’s father

on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going... Read more »

Angela L. Haas answered on Jun 26, 2019

Yes. He can file for custody. Joint custody is not something you can "opt out" of having to do, if the court orders it. He can ask for joint custody at any time, even if he is not asking for it now.

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

Q: If court order says that the father has temp. custody. And the child is living in grandparents home can I get her back?

Angela L. Haas answered on Jun 26, 2019

Are you the father, mother, grandparent, etc.? Is CPS involved and if so, did they have the child placed at the grandparents' home?

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

Q: I think my husband is trying to get me for abandonment and child custody. What should I do?

Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »

Angela L. Haas answered on Jun 25, 2019

It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current... Read more »

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1 Answer | Asked in Child Custody, Juvenile Law and Sexual Harassment for North Carolina on

Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?

So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »

Angela L. Haas answered on Jun 24, 2019

She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.

1 Answer | Asked in Divorce for North Carolina on

Q: I'm divorced & i moved out for the 1 year separation. The house & deed is in my name only. How do I get my ex husband

Out my house?

Amanda Bowden Houser answered on Jun 22, 2019

I am assuming you did your own divorce because the way you are describing things is not typical. If the house is in your name only, why were you the one to leave to start the separation period? And if you are already now divorced why was this issue not resolved during the divorce? At this point,... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: My son is 4 going on 5 months, and I have been trying to work with his father since he came into his life

(he wasn’t present during the time i was pregnant) to avoid having to go to court and deal with child support, he has been helping since January by buying things that our son needs however that quickly came to a stop 2 months later so every now and then he’d send $75 dollars for pampers and... Read more »

Amanda Bowden Houser answered on Jun 21, 2019

His only legal obligation is to pay court ordered child support based on guidelines. Other than that, you can't legally force him to do anything else. His refusal to pay anything other than that, besides making him a giant jerk, will likely be helpful to you in seeking additional help. Hopefully... Read more »

1 Answer | Asked in Banking and Consumer Law for North Carolina on

Q: If I believe my bank is incompetent in handling a $60 charge back for a hotel room is there anything I can do about it?

I went to a hotel, to get a room that costs $60 per night. The hotel has a policy that there is only 15 minutes within paying to either change rooms, or ask for a refund, and makes people sign a paper stating this, and does not let people look at the rooms first before deciding to pay. In my case,... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

Wow. It's too bad you did not anticipate any problem when this (very cheap) hotel made you sign an agreement not to complain about their cheap rooms unless you do it immediately. In any event, there is nothing you can do to force your bank to give you the $60 that the hotel kept. Why not consider... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina on

Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »

Angela L. Haas answered on Jun 19, 2019

Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a... Read more »

1 Answer | Asked in Child Custody for North Carolina on

Q: I was divorced in Florida in 2010, i had my daughter for 5 years, alone, until 2015.

In 2015 florida courts granted custody to my ex wife who had hardly had any part in her life until then. (I believe due to gross misrepresentation, since my attorney was fired afterwards and i was not charged what i owed.) Now my daughter is 11 and still living with her mother, in onslow county.... Read more »

Angela L. Haas answered on Jun 19, 2019

If you are going to register the Order now, it would need to be in NC (Onslow County). Once registered, you should file a Motion to Modify Custody. While you are at it, you may want to include a Motion to Modify Child Support in the same filing. Consult with an attorney about more of the specifics... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: My mother is in a legal separation. The house is only in her name, Can she sell it without the spouse?

Amanda Bowden Houser answered on Jun 18, 2019

Depends on what you mean by 'legal separation'. There is no such thing in North Carolina but if you mean she has entered into a formal written separation agreement then it is possible that it could have been drafted so that she can sell the property. Without looking at the agreement or any other... Read more »

2 Answers | Asked in Estate Planning for North Carolina on

Q: Can this property be passed on to one adult child without complications?

My husband and i purchased a home together recently right before we were married. We have a mortgage on this home. Because I paid the down payment on the home, it is listed on the deed as me owning 60 % and husband owning 40%. I have 3 adult children and he has 2. All of theses adult children are... Read more »

Kenneth V Zichi answered on Jun 18, 2019

ANY document can be challenged, and most (save an irrevocable trust) can be changed.

The actual planning, particularly when there is a mortgage, can be tricky. I would strongly urge you to consult with a local estate planning / real estate attorney to insure you do things in such a way to...
Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: I am the probate of my dad's estate he has an SSI check deposited from May 31rst 2019 and he passed on June 13th 2019 ca

Can I withdraw this money being his probate with letters of administration this payment was for June

Kenneth V Zichi answered on Jun 18, 2019

You can't simply withdraw a check from someone else's account.

FIRST you would need to be appointed as the personal representative by a court

THEN you will need to determine if there are debts -- including debts to Social Security for payments made but not 'earned'

THEN...
Read more »

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 Estate Planning and Probate for North Carolina on

Q: Can I take my dad's SSI payment out of the bank the deposit was on May 31rst 2019 and he passed away on June 13th 2019

I am his administration person through the clerk of courts because he had no will

Amanda Bowden Houser answered on Jun 18, 2019

If he was entitled to the payment at the time it was deposited and you have authority to make the withdraw then - yes.

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2 Answers | Asked in Entertainment / Sports, Gaming and Tax Law for North Carolina on

Q: NC shot down a 2017 bill to legalize and tax Daily Fantasy Sports winnnings. Do i have to pay tax on winnings then?

I havent been able to get a clear answer on this. If DFS is not regulated and taxed in NC then i shouldn't have to pay state taxes on my yearly winnings right? Only Federal taxes. If so what is it taxed under and at what %

James Richard Yandle answered on Jun 17, 2019

Wrong. The income is taxable, whether legal or not. Same as for income from embezzlement, illegal drug sales, or racketeering.

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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 Business Law and Contracts for North Carolina on

Q: Started a renovation with no contract just invoice and H/O is suing me for taking too Long DOC NOT SPECIFIED IN INVOICE

I am a corporation and got half the money up front for special order materials. I got the material started the job, delays/issues happened worh other jobs, weather, help not showing etc long story short verbally had agreed with H/O that job would be complete by xyz date and it wasn't so they fired... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

Go to the small claims court and present your case.

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