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North Carolina Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me

Jonathan David Breeden
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answered on Jun 18, 2024

It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

1 Answer | Asked in Divorce, Internet Law and Family Law for North Carolina on
Q: After signing a legal separation, how long does it take for an absolute divorce in NC? and can this be done online?

Both parties heave signed and notarized the separation agreement and have been separated for 2 years.

James L. Arrasmith
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answered on Jun 8, 2024

In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for North Carolina on
Q: I live in NC I have a dvpo against my abusive husband, who won't answer the door to be served

He has my boys, and they aren't going to school, and he is ignoring the law.How can they serve papers to get my.kids back I have a temporary custody order, and he doesn't work

James L. Arrasmith
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answered on Jun 3, 2024

I'm sorry to hear about your situation. If your husband is avoiding service of the DVPO and temporary custody order, you have a few options to ensure he is served and you can regain custody of your children.

First, contact the local sheriff's department or law enforcement agency...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More

Anthony M. Avery
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answered on May 14, 2024

Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More

1 Answer | Asked in Federal Crimes, Juvenile Law and Family Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
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answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can I move out of our family home with my children?

I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More

1 Answer | Asked in Small Claims, Divorce and Family Law for North Carolina on
Q: Can I get money back from my husbands student loans I paid off pre-divorce?

I paid off all my husbands student loans, most were from before we were married. He cheated on me so we are getting a divorce. Can I sue him for the cost of the student loans?

T. Augustus Claus
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answered on Jan 11, 2024

In North Carolina, the division of assets, including the repayment of debts, is typically addressed during divorce proceedings. However, the treatment of student loans can be complex, especially if they were acquired before the marriage. Generally, debts incurred before marriage are considered... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

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

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.

T. Augustus Claus
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answered on Jan 2, 2024

If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?

James L. Arrasmith
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answered on Dec 25, 2023

If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.

In this situation, it's advisable to...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband died while our division of assets was still being worked out, due to a prolonged illness.

We are divorced 2 years. Can the divorce be overturned?

Jammie Lynn Wacenske
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Jammie Lynn Wacenske
answered on Nov 13, 2023

No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is it legal to back date a separation in NC to divorce prior to one year apart?
N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?

I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust

T. Augustus Claus
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answered on Oct 10, 2023

In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More

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