North Carolina Family Law Questions & Answers

Q: How can I go about getting visitation without a laywer?

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 13, 2019
Amanda Bowden Houser's answer
The best way to handle it is for her to do right and work with you to allow visitation that doesn't come with strings attached in the form of control or lectures - that's free for both of you. However, since she is likely not going to do right - the next best thing is for you to hire an attorney and force her to do right. Since she can not afford an attorney, it shouldn't cost you too much to put her in her place.

Q: My son's father was written out of work by a doctor. He went before the judge and got support owed for my son suspended.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 6, 2019
Amanda Bowden Houser's answer
Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.

As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.

Q: Divorced by default less than 1 year husband never moved out during separation and we never notarized separation agreeme

1 Answer | Asked in Family Law for North Carolina on
Answered on Feb 3, 2019
Amanda Bowden Houser's answer
If you got divorced without being separated for one year, then you and / or your spouse likely committed fraud and possibly felony perjury. While a separation agreement is required to be notarized to be valid in North Carolina, there is no requirement that you have a separation agreement at all. So unless you asked for and were granted equitable distribution in your divorce (which is likely fraudulent) - you now are likely not entitled to anything and are barred from any further remedy other...

Q: Is it appropriate to file 12B6 in a divorce from bread and board? Filed for PSCS but still living in the home w/chldrn

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Jan 28, 2019
Amanda Bowden Houser's answer
You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.

Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?

2 Answers | Asked in Estate Planning, Family Law and Probate for North Carolina on
Answered on Jan 25, 2019
Amanda Bowden Houser's answer
Essentially, a deceased person could have taken any number of incredibly simple steps legal and / or illegal to ensure his or her surviving spouse gets absolutely nothing upon his or her death but cutting the surviving spouse out of a will is not one of them. So if the surviving spouse is domiciled in NC and finds they have been cut out of or inadvertently omitted from a will, the surviving spouse is allow to claim an "elective share" as set forth in simple layman terms directly in NCGS §...

Q: Does a lawyer have to draw up a will in nc can you hand write your own and have it notarized

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 25, 2019
Amanda Bowden Houser's answer
A holographic or handwritten will is valid in North Carolina. All that is required is that the testator be at least 18 and of sound mind and that the will be entirely handwritten and signed by the testator - no witnesses or notary are required (but they are recommended). It is not recommended that you do a will this way as it is just an complete invitation for disaster but it is allowed by state law.

Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Answered on Jan 23, 2019
Charles Evan Lohr's answer
You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

Q: Does the spouse receive spousal allowance if she is on Medicaid? She receives everything in the will.

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
That is an exceeding complicated question. The spousal allowance is an option if the healthy spouse does not make the minimum income that Medicaid allows. There are also ways to work within the Medicaid guidelines so that some assets can be protected and still qualify for long-term care Medicaid within first spending everything to pay for the nursing facility. I strongly suggest that you/the family contact and experienced elder law attorney.

Q: Termination of parental rights in nc

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 16, 2019
Amanda Bowden Houser's answer
Do you have a question?

Q: how can I file for visitation without a lawyer?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 13, 2019
Melissa Averett's answer
See if you can find a local attorney willing to help you with Litigation Assistance or unbundled services. That's where the attorney drafts the documents, and tells you how to file them. The attorney does not make an appearance as your attorney of record and does not go to court with you. That's a lot less expensive. Not every attorney is willing to provide that service, so you probably need to call around.

You need to file a lawsuit for custody, serve the mother of your child, and...

Q: I would like to know my rights for a divorce.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Answered on Jan 12, 2019
Amanda Bowden Houser's answer
You need to be separated for at least a year to be eligible for divorce in NC. At this point you likely need to consult with a local family law attorney who can review your situation in more detail and lay out your options for you. Best of luck

Q: My ex died owing over 25,000 in child support. My son is now 18. He died with nothing, will SSA pay benefits?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 9, 2019
Sara W. Harrington's answer
As you know, once a supporting parent has died, future support payments die with him.

However, his estate will owe the past-due amount. Once his estate has been opened for probate you or even state child support enforcement agency may file a claim against his estate with the probate court for back child support. The estate will generally have to pay the child support obligation before assets are disbursed to those named in his will.

I understand that you say he owned nothing,...

Q: I am the oldest of four adult children to two divorced parents. Am I their closest next of kin?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 9, 2019
Sara W. Harrington's answer
You and your siblings are equally related to your parents.

Determining who is given a power of attorney is determined by the person over whom the power will be exercised, if that person is competent and over 18.

If the person is believed to be incompetent and has no durable power of attorney (to handle the person's financial affairs) or health care power of attorney (to handle medical care), then any person, including any state or local human services agency or healthcare...

Q: I'm on child support an I haven't seen my boy in years..I beg an beg no answer ..I pay my support

2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jan 6, 2019
Melissa Averett's answer
You didn't actually ask a question, but I'm going to assume that you're asking how to get visitation with your son. You need to hire an experienced family law attorney, probably in the county and state where your son lives, and sue for custody and visitation.

Q: In NC, if my employer directly pays my childcare provider the cost of my daughter's childcare how does that factor in

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 4, 2019
Melissa Averett's answer
It can be counted as income to you and credited to you as an expense, or it can not go into the child support calculation at all since you are not paying it. What can't happen is it can't be credited as an expense without an income adjustment, and it can't be counted as income without an expense credit. I would run the calculation both ways and then decide what to argue.

Q: Will I be able to get emancipated? Do I have any other options on what I can do?

2 Answers | Asked in Family Law for North Carolina on
Answered on Jan 3, 2019
Melissa Averett's answer
To file for emancipation you have to show the court that you were employed with a high enough wage be self-supporting (or have a trust fund), and that you have a place to live. In other words you have to show the court that you're not going to need public assistance and you're not going to need your parents to pay for anything. If you've met that threshold then you need to talk to an attorney.

Q: My sister just died leaving a house in Florida with a 60,000 mortgage full of belongings a car half paid off and no will

1 Answer | Asked in Family Law for North Carolina on
Answered on Jan 2, 2019
Melissa Averett's answer
You need to repost this question in the Florida Forum so that a Florida attorney sees it and answers you. Only North Carolina attorneys see your question unless you specifically pick Florida. And the laws are different in every state when it comes to inheritance.

Q: 2 marriages?

1 Answer | Asked in Family Law for North Carolina on
Answered on Dec 27, 2018
Melissa Averett's answer
Depends on whether she took legal steps to have her first husband declared dead. if she took the legal steps to have her first husband declared dead then her second marriage is valid. If she didn't take those legal steps then her second marriage is invalid, and bigamous, and she is still married to her first husband.

Q: How to get custody over a friends child?

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Answered on Dec 26, 2018
Sara W. Harrington's answer
Because she is already involved in the Social Services system, you can contact Social Services and express an interest in the child being placed with you. You will have a better chance of the child being placed if you agree to take a foster parenting class (called Model Approach to Partnerships in Parenting or MAPP classes) through Social Services. You and all the people living in your household will also be required to have a criminal background check and a home inspection.

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