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North Carolina Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My ex did not agree to the amount worksheet done by the CSE.

He hired an attorney and they came up with a much lower figure. I declined that offer and have a court date set for Feb. I have no idea what happens next. I believe he is not reporting income from a family business. Will this be addressed and can someone educate me on what happens in Child... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 13, 2019

If it goes to Court to make a decision, Child Support is not an 'offer' that you can simply decline. If you and your spouse can not come to an agreement, you will likely be held to the amount set forth in the guidelines. If it comes to that, the only things at issue are whether all income is... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If a father was granted temporary custody can he live the cild in his girlfriends care for while is otr truck driving?

Father was granted custody temporarily his name is the only one on the ex parte motion his girlfriend has no relation to child

Adam Bull
Adam Bull answered on Dec 11, 2019

A parent who has custody is presumed to be making reasonable decisions for the child, which includes care arrangements. It would be your burden to establish that his caretaker is inappropriate or a danger to the child.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I live with my mom because she has full custody and I have a 9 month old son at 17.

I have betrayed their trust before but that's becuase I want to independent and live with my dad like i've wanted since 13, I go to school and have a job, Could go i just to my dads or can my mom force me to go home even if i bring a cop with me

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

No cop who values their job will go with you at 17. Just wait it out until you are 18.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son's father had a temporary custody order that was dismissed November 13th of this year. He want let me get my son.

Family court dismissed the order against me. But my son's father still refuses to let me have my son. My son is being neglected And possibly abused because his father is a alcoholic. How can I get my son back.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2019

If there is no order currently in place, he has as much right to the child as you do so he can refuse to let you get the child (although that will make him look bad in future court hearings if he does not have proper cause for the refusal). So you need to get a custody order of your own if you... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If my daughter who is my wife stepdaughter who enter college before we separated. Now me and my wife have a 10yrs

Together. She is seeking child support for the 10yrs ago. Can i carry my daughter as a dependent why im asking is because i retired from my job. And retirement is $160 000 less then what i was making. Carry my daughter would help reduce her child support money received. Right now we have joint... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 26, 2019

Your question doesn't really make much sense, if your daughter is your wife's step daughter she would have no claim to child support at all let alone from 10 years ago nor should she have any sort of custody. You daughter will be a dependent until she reaches the age of 18 and possibly a bit... Read more »

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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2 Answers | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Is my wife responsible for helping pay my daughter college tuition. Me and my wife separate and she is receiving post

Separation and alimony now. The child was 12yrs old when i marry my wife and i had custody of my daughter. And will i receive child credit for her in child support hearing because we also have a 6yrs during the marry and she is seeking support for the child we have together.

Adam Bull
Adam Bull answered on Nov 25, 2019

No and no. As your older daughter is not your wife's, she has no responsibility for her financial care. Second, child support ends when children turn 18 and graduate high school.

Because she is over 18 you do not ot get an offset for any of her expenses in college.

You each have an...
Read more »

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1 Answer | Asked in Family Law and Sexual Harassment for North Carolina on
Q: my niece is getting sexually abused by her stepdad how can get her back to my hometown in Texas. I did call CPS

called CPS and made a out cry allegation.

Adam Bull
Adam Bull answered on Nov 25, 2019

You did the right thing. They will do an investigation. You can request kinship placement but it takes time to complete a home study and coordinate between the states.. she may be in foster care during this process.

They have to consider placement with the other parent first. Where is her...
Read more »

2 Answers | Asked in Family Law for North Carolina on
Q: I’m 17 and I want to go hang out with my friends for a little while, but my mom says no. Can I leave anyways without

Getting in trouble with authorities. I’m not running away we are just going to hang out for a little while

Adam Bull
Adam Bull answered on Nov 24, 2019

No. This is not a legal question. She is your parent. When you are an adult and can support yourself, are 18 and out of high school, you can make decisions on your own, but you are also responsible for the outcome of those decisions.

Late teenage years are difficult, but your parents...
Read more »

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1 Answer | Asked in Divorce, Family Law, Health Care Law and Insurance Defense for North Carolina on
Q: Wife and I are separated. Her employer had open enrollment for insurance. Do I have to carry her on my ins. still?

North Carolina. We have a child together and I will be carrying him on my insurance.

Adam Bull
Adam Bull answered on Nov 21, 2019

Generally yes, until there is a divorce decree or other court order addressing the issue.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: My fiance text message me, I have full custody of two of our daughters. Can I use this text message in a family court.

Got into a argument over responsibility. Then she text message me that I can have the girls.

Adam Bull
Adam Bull answered on Nov 20, 2019

Any communication from an asverse party is admissible as a statement against interest.

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's father sent me a text message conceding his visitation time. Does filing modification require court date?

He had not seen her for 4 months prior to this text message, and has seen her three time since. He has brought us all her belongings from his home. I have not heard form his attorney after asking several times, and the attorney that previously represented me is waiting for the other party to act.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 18, 2019

You need to go back to your attorney - you have no idea what you are doing.

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1 Answer | Asked in Family Law for North Carolina on
Q: Can I put my defiant 17yr old daughter out?

My 17yr daughter has become extremely defiant. Has gotten suspended from school. I s choosing not to go to school. Lying, manipulating and I am at my wits end. Can I put her out of my home?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 17, 2019

Of course not - do your job and discipline your child. At 18 then put her out.

1 Answer | Asked in Criminal Law, Family Law and Child Support for North Carolina on
Q: Bench warrants, how can I find out if I have and can I get rid of without going to jail?

My ex inlaw told me I have 2 for failure to pay child support. How can I find out for sure & can I get rid of them without going to jail?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 16, 2019

Hire an attorney.

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: When child support is filled how don't the other parent know

How do I now when child support was filed

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2019

You will be served.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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3 Answers | Asked in Family Law for North Carolina on
Q: I need to know what I should do about taking a drug test for department of social services

I kept my friend out that I was living with because she was stealing from me and she ended up calling DSS on me and saying that I’m doing drugs around my child will DSS came out and talk to me and look them up please and said that everything was fine that it doesn’t look like I’m on any drugs... Read more »

Adam Bull
Adam Bull answered on Nov 4, 2019

First, you shouldnt be using any illegal and non prescribed controlled substance while having the care custody or control of your children as this endangers them and is grounds to restrict your contact. The way to establish you are not engaging in such activity is to submit to a drug test showing... Read more »

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2 Answers | Asked in Family Law for North Carolina on
Q: im 7 months away from being 18 can my mother stop me from leaving
Melissa Averett
Melissa Averett answered on Oct 30, 2019

Yes. You are not 18 and therefore legally an adult until you are, in fact, actually 18.

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Current order Nc. Kids live in wa. Filed modification in nc but judge is trying to see who has jurisdiction nc or wa

Kids lived in nc 6.5 yrs then moved to wa when order was made in 2015. I have filed a modification to custody in nc where i live back in june and just got a court date in nov to see who has jurisdiction nc or wa. But nc has not released jurisdiction to wa so i think my case should remain in nc???

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

Jurisdiction typically goes where the children reside unless the order retains jurisdiction. Even then it would likely be super easy for the other parent to have a WA Judge step in. So it really depends on whether the other parent wants to make things difficult for you. If so, you will likely... Read more »

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