I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »
My spouse and I have been separated for 2 years, can I get a court order for child support for our 4 year old child without applying for a divorce?
answered on Sep 12, 2022
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... Read more »
answered on Jan 20, 2022
If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... Read more »
I Don't know what I can say
answered on Nov 17, 2021
If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers
answered on Oct 10, 2021
Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.
Father filed for child custody and support. We’ve had 50/50 since. Can I file motion for discovery to see what his plan of attack is going to be? I can’t seem to find the form.
answered on Mar 17, 2021
Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »
answered on Jan 28, 2021
If your child is receiving Medicaid, they will typically force child support whether you want it or not and you won't get to 'agree' to an amount, it will be set according to the child support guidelines. So it should not affect the Medicaid eligibility. Best of luck.
Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.
answered on Jan 21, 2021
I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.
answered on Jan 13, 2021
The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.
He had been getting 100% military disability before they married.
answered on Jan 4, 2021
No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.
My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... Read more »
answered on Jan 4, 2021
It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... Read more »
My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... Read more »
answered on Dec 27, 2020
The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... Read more »
My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.
Technically, I am behind in the monthly amount, and need to have my... Read more »
answered on Dec 1, 2020
Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... Read more »
Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.
answered on Dec 1, 2020
No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.
I’m a step father of two wonderful boys , I don’t get into my wife child support issues , she’s had a few but Ive always stayed out of it . I do know she get 1k a month in support and he pays for the children health insurance here in NC. He claims one and she claims the other and both live... Read more »
answered on Nov 30, 2020
You as a step-father essentially have no standing or say regarding whether to go to court. All you can really do is express your opinion to your spouse about what decision she should make. That said, the amount of child support owed is calculated on simple child support guidelines based on your... Read more »
I also have a child from a previous marriage that I care for and we have a new baby together. (3 kids total) He has been consistently paying $600 a month for 5 years. His ex wife now wants to increase the amount because he is remarried to me and wants my income taken into consideration to increase... Read more »
answered on Nov 11, 2020
What the ex wants and what she will get are two different things. Your income does not factor into the calculations for his child support and your income is not a basis for modification (if everything else has remained the same). However, your new baby together may possible lower his obligation... Read more »
Examples being custody arrangements for kids, money given towards supporting the children.
*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*
answered on Nov 6, 2020
They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... Read more »
And has broken agreements multiple times
answered on Nov 3, 2020
If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to... Read more »
answered on Nov 3, 2020
I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... Read 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.