My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More
Can i just take my child off Medicaid ? Or are there other options
answered on Jun 13, 2023
In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More
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... View 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... View More
I moved back to my country 3 months after getting married due to immigration reasosns. My ex filed a peition for me to come back as his spouse but by that time he was already in another relationship. I currently work but also support our child and have been for the past 10 years. He only helped the... View More
answered on Apr 3, 2023
In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where... View 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... View 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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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... View 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.
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.
