North Carolina Questions & Answers

Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Feb 21, 2018

As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the alternative, I've also helped individuals who simply want to return the deed to the timeshare company. I recently wrote an article for my state's bar association which summarizes options for timeshare owners. You can...
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Q: Can my employer lower my hourly pay less than what I got hired for, After I came back from short term disability?

1 Answer | Asked in Employment Law for North Carolina on
Answered on Feb 21, 2018

Your employer is legally allowed to change your pay at any time as long as it is paying you at least minimum wage. The law requires the employer must notify you of any change in writing before the change occurs when you are continuing in the same position. This situation is more complex because your position has changed and the law can be gray as to what happened when we are dealing with a change in position especially one where the employee knew or had some idea the pay would be lower....
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Q: divorced with no separation agreement need to get my name off the mortgage is there any way to do that

1 Answer | Asked in Divorce for North Carolina on
Answered on Feb 21, 2018

It sounds very much like you did your own divorce - if so, the situation you are in now is a prime reason why that is an incredibly bad idea. If property issues were not addressed at the time of the divorce, you can not now address that under normal equitable distribution. You likely should talk to a local real property attorney to see what can be done.

Worst case scenario, you are on the hook financially for property you potentially do not own. So there is likely very little...
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Q: We have valid wills made by our attorney in Maryland. We moved to North Carolina. Are these wills still valid ? Thanks

1 Answer | Asked in Estate Planning for North Carolina on
Answered on Feb 21, 2018

VALID yes. IDEAL, probably not.

Each state's laws are unique, and there are things that are an issue in one that aren't in another, so a will crafted for a specific state (which is what SHOULD be done!) may not take all the new state's 'wrinkles' into consideration. The will itself will be 'valid' and it will do what you wanted, but it may not be the most efficient way to get there unless it is drafted with the new state's laws in mind.

I would suggest that you consult with a...
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Q: I am coexecuter but can i get a lawyer to take my place

1 Answer | Asked in Probate for North Carolina on
Answered on Feb 21, 2018

Hire a lawyer to help and represent you? Sure -- and you should to insure you don't inadvertently miss something or make a mistake.

Have a lawyer 'replace' you and act as the PR? Probably not. Why would you want that? You CAN if you choose simply refuse the appointment, and allow the other executor to act as a sole agent. Speak with a lawyer in the county where the probate is filed to get specific advice about what option is best for YOUR situation.

ALL the facts are needed,...
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Q: Changing Custody Rights from Another State

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Feb 21, 2018

TWO is simply going to have to bite the bullet and hire an attorney or if TWO want's to invoke god's law, I suppose TWO could ask god to smite ONE. An attorney will likely yield better results.
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Q: How much trouble will i get in if i leave the state without my parent permission at the age of 17.

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 21, 2018

You likely will just be picked up and returned (its not like they don't know where you are going). You likely should be more concerned with how much trouble your mother could get into.
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Q: I just got my first ticket after a year of driving. I was going 75 in a 55 zone is it possibly I can get this ticket

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Feb 21, 2018

Possible - yes but the odds of that possibility are less than slim and none. Also, where you are is irrelevant. Where you got the ticket is what's important. Assuming you meant you got the ticket in NC and assuming your address on your ticket is correct, you will likely be getting a crap ton of letters from local traffic attorneys. You do not need F. Lee Bailey for a traffic ticket so just pick the cheapest one and roll with that. It is likely your ticket can be reduced to an Improper...
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Q: my friend is 15 and the judge is still giving both parents custody. why can’t she choose who she wants to stay with?

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Feb 20, 2018

She has no say because she is a child - that changes at 18.
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Q: I have not had a license since 2010. Who would I contact to find the steps to take to get my license reinstated

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Feb 20, 2018

DWI's are not infractions. Get enough of them or under certain circumstances and they can be felonies. Your best bet is to consult with a local traffic attorney who can review your prior record and provide you with your options for getting reinstated. Best of luck!
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Q: Resigned from job, returned equipment and was given incorrect address, the job wants me to pay again for their mistake.

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Answered on Feb 20, 2018

This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to your former managers or company contacts to discuss having the company pay for the second return.
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Q: Is my former employer allowed to disclose my job title when asked by a potential future employer?

1 Answer | Asked in Employment Law for North Carolina on
Answered on Feb 20, 2018

Yes. Unless there is a specific law against its release (and there are few such laws), then the employer tell a future employer anything it wants about your employment. Even if untrue.
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Q: Negotiated 6 mo severance paid over 6 mo, was laid off, they agreed to pay but now want to it claw back.

1 Answer | Asked in Employment Law for North Carolina on
Answered on Feb 20, 2018

Get an experienced employment attorney to review the agreement and consult with you as soon as possible. Do not delay as it could prejudice your rights.
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Q: My spouse received a settlement after an accident. Am I entitled to half?i

1 Answer | Asked in Car Accidents for North Carolina on
Answered on Feb 20, 2018

Depends on the law of your state. Most states no, especially if you were separated or things were rocky.
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Q: is there a case law that prevents Child Support Enforcement from garnishing my wages when I am current on support pmts?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 20, 2018

Child Support Enforcement is likely to take every penny they legally can take from you. You can consult with a local attorney who can go over your circumstances in more detail and lay out possible options for you - maybe even see if some payment arrangement can be worked out but likely your only viable option will be to tighten your belt and pay what you are required to pay. I wish i had better news - best of luck.
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Q: I have 2 speeding tickets, from 2 different officers, going nomore than 15mph over for both. Best way to beat them?

2 Answers | Asked in Traffic Tickets for North Carolina on
Answered on Feb 20, 2018

The best way is to hire an experienced traffic attorney to handle these tickets for you. And the "officer not coming to court" is not really a reliable way to get a dismissal on a traffic ticket in NC. Depending on the county, the officer isn't even required to be present at your court date unless you tell the District Attorney's Office that you wish to contest the ticket - many counties have what they call "admin days", or "admin courtrooms" for larger counties, where tickets are handled...
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Q: Divorce was filed in NY.Now live in NC & he's in NJ. Kids are 18 & 21.Does child support stop at 21?No CS order filed.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 19, 2018

In NC child support ends at 18 - there are some circumstances where it could be a bit longer but if you have a court order or agreement, that should specify when child support ends.
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Q: Would court have to be involved in the situation?

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 19, 2018

If your parents can not come to an agreement themselves, then yes, court would likely need to be involved to make a decision for them.
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Q: I'm 16, how would I go through the transition of moving in with my mother from my fathers home?

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 19, 2018

You don't get to make that decision. So the first step for you is to talk to your parents and keep your fingers crossed that they can be reasonable with each other and come to a fair resolution. Best of luck.
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Q: 50/50 custody and I pay for both child support but youngest is now living with me. Do I still have to pay ex for both?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Feb 19, 2018

Yes unless you move to modify support, you will have to pay the current amount. Before you rush off to modify the support amount, you should check with a local attorney to calculate the new amount. Likely the new amount will be lower but if circumstances have changed since child support was first set, it is possible to end up paying more even with the youngest child now living with you.
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