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North Carolina Family Law Questions & Answers

1 Answer | Asked in Family Law for North Carolina on

Q: My husbands ex is preventing visitation

She moved to NC 2 months ago. We live in Florida, he has lived here since the divorce was finalized. She has physical custody, they have joint custody. The decree says they will agree on visitation, however since we got married she is now not agreeing to any visitation unless he comes to NC alone... Read more »

Amanda Bowden Houser answered on Aug 14, 2019

Your husband needs to hire a family law attorney where the children reside and have the ex put in her place.

1 Answer | Asked in Family Law for North Carolina on

Q: My husband abandoned me 8 months ago taking our RV. The RV is registered in both names. I called regarding the insurance

RV was relisted w/o my name & address on insurance and property tax address was chgd. My name is still on registration.Live in home with both names & he chgd address on property taxes of home also.Doesn't want Separation papers cause doesn’t want to pay alimony. I’m on Disability.is what... Read more »

Angela L. Haas answered on Aug 12, 2019

You'll need to file an action for equitable distribution and/or alimony, to force him to return the property or pay you for your share of the property, in addition to paying alimony (if applicable). Consult with a family law attorney regarding your options. Your options will vary, depending on... Read more »

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

Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

Angela L. Haas answered on Aug 1, 2019

She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the... Read more »

1 Answer | Asked in Family Law for North Carolina on

Q: I need to know what I can do. My son is 17, 18 in October. He believes he no longer has to follow rules of my household.

He has also done drugs; pot and acid that I know of. He gets highly erratic and yelling if we try to punish him in any way. He has also threatened my husband if any thing happens to any of his stuff to where my husband, who has high anxiety, no longer feels safe in our home. I don't know what my... Read more »

Amanda Bowden Houser answered on Jul 31, 2019

You and your husband need to man up and be parents and simply physically control your child and if he hasn't straightened up by the time he is 18 in October, you need to put him out of the house.

1 Answer | Asked in Family Law for North Carolina on

Q: Can military retirement pay be stopped if retirement payments have been made for over 15yrs and the plaintiff remarried?

The divorce was filed with the clerk of the circuit court in Honolulu, Hawaii and the plaintiff has been remarried for over 5+ years but still receiving a portion of my military retirement pay. We were only married for 16 years. Neither one of us no longer live in Hawaii.

Amanda Bowden Houser answered on Jul 26, 2019

Unless the court order or agreement states otherwise, typically an award of retirement is for life. All of the other facts you mention such as being remarried, not living in Hawaii, length of marriage (and pretty much anything else you can think of as a potential excuse to reduce or eliminate the... Read more »

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

Q: My niece wants to stay with us; her mom agrees, but we need something signed by a judge. What paperwork is this?

She needs to enroll in school, and they wont take her unless it's signed by a judge. She's a single mom, and my family doesn't have a lot of money for a huge court payment for something that should be simple. I love my niece, so I want to know if we have options

Angela L. Haas answered on Jul 23, 2019

You'll need to have a court order giving you legal and physical custody of the child. The child's father will need to also consent. First, you need to file a Complaint for Third Party Custody, and then you can submit the Consent Order to the judge to enter with the court. There are other minor... Read more »

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

Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC

They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel it's in... Read more »

Angela L. Haas answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

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

Q: The father has primary custody. I’m having a surgery and can’t take my daughter for my time. Can I be held in contempt

The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages... Read more »

Angela L. Haas answered on Jul 13, 2019

No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future to... Read more »

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

Q: I'm paying 800 a month in child support which 95 is to the arrears that was for three kids. One child is 26 and the

Other child is 21but still paying the same. Do they credit my arrears for the other two children

Angela L. Haas answered on Jul 11, 2019

They credit your arrears to the arrears, not to the payment you should be paying for the other child(ren). It sounds like you should file a Motion to Modify Child Support, to bring your main payment down (which could also cause your arrears payment to increase, but also means that the arrears would... Read more »

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

Q: My husband’s daughter turns 18 next week, His ex wife pays medical insurance with us paying 60% if expenses not covered

The daughter is having dental surgery after her 18th birthday and the ex wants us to pay the 60%. Do we have to pay or are we off the hook since she is 18?

Amanda Bowden Houser answered on Jul 9, 2019

You have not supplied enough information to answer this question accurately. It will depend on what agreements or court orders are in place and whether she is still in high school. Assuming she is not in high school and there is nothing that extends your obligation beyond 18 - then he is off the... Read more »

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

Q: My brother in law is have an situation with his child mother. He wants to get custody of her. What should he do?

The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... Read more »

Amanda Bowden Houser answered on Jul 8, 2019

You need to consult with a local family law attorney regarding establishing custody.

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

Q: my boyfriend has had full custody of his daughter for 3 years but still owes back child support can it be cancelled?

Angela L. Haas answered on Jul 1, 2019

He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).

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

Q: Can I leave my 16-year-old son home alone for several nights with food, phone and people checking in on him?

Angela L. Haas answered on Jul 1, 2019

You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close... Read more »

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

Q: My boyfriends ex wife will not allow their children to have any contact with him verbally or physically. Is this legal?

My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal... Read more »

Amanda Bowden Houser answered on Jun 30, 2019

It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to... Read more »

2 Answers | Asked in Family Law for North Carolina on

Q: Good morning, I would like to know how to obtain a legal separation in North Carolina.

My wife left me on 01/04/2019. Whereabouts unknown.

Angela L. Haas answered on Jun 28, 2019

Legally, you are already separated. If you are looking to have a Separation Agreement which addresses all other outstanding issues relevant until you can get your divorce, you'll need to find her. Otherwise, you can file for divorce on January 5, 2020. Once the divorce decree is entered however... Read more »

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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.

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 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 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 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 »

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