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North Carolina Questions & Answers
1 Answer | Asked in Bankruptcy for North Carolina on
Q: In ch 13 bankruptcy, land is gifted to me in order to use it for collateral on a home loan, what does that mean for me?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Hey if my dog bit a girl and the family is making us pay for the bill can we take them to court since they are not

They are not unsung their insurance can we take them to court and make them use their insurance since it will be cheaper

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

If your dog bit their child then you are responsible and they do not have to use their own insurance, in fact most of the time their insurance may refuse to pay. What would likely happen is they will make a claim on your homeowner's insurance which should cover the claim unless you have the type... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Soo I’m 18 and my boyfriend is 16 turning 17 and I’m pregnant will we get in trouble? The legal age of consent is 16

Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?

Can a minor recognize a baby legally?

I live in France and my baby will need a non immigrant visa to see... Read more »

Adam Bull
Adam Bull answered on Jan 16, 2020

Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.

Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.

Yes he can provide a passport.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: DUI in SC in 2015 I paid $400 of it, I am prepared to pay the rest it has resulted in a FTC warrant is paying it enough?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You need to ask a South Carolina attorney but very likely at this point - paying it will not be enough.

2 Answers | Asked in DUI / DWI for North Carolina on
Q: My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since.... Read more »

Bill Powers
Bill Powers answered on Jan 16, 2020

GREAT QUESTION

An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.

The expiration of time often does not matter to them.

The condition of an IID for a Conditional Restoration with DMV is...
Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child. She... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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3 Answers | Asked in Family Law for North Carolina on
Q: I just recently had a first appearance with my girlfriend of 8 years for domestic abuse. We had an argument that led to

Me harassing her via facebook. Minutes before our turn her lawyer came to me and I felt like I was entrapped by her lawyer and my family to sign an "agreement" concerning a restraining order but also I now have "supervised visitation" for both if my kids for 26hr/week

I am not violent and... Read more »

Whitney Young
Whitney Young answered on Jan 16, 2020

If you file a separate court action for child custody, and parenting agreement or order that comes out of the custody case will trump the supervised visitation in the domestic violence case. I would highly recommend you hire a local attorney to help you with that, especially since she is... Read more »

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3 Answers | Asked in Divorce for North Carolina on
Q: I married in January 2019 and broke up in February 2019. What's my separation date?

We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.

Adam Bull
Adam Bull answered on Jan 15, 2020

Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.

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1 Answer | Asked in Child Custody for North Carolina on
Q: Can I request a work schedule from my ex’s employer if the custody order says “if he is off work”

He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... Read more »

Adam Bull
Adam Bull answered on Jan 14, 2020

Yes

1 Answer | Asked in Child Support for North Carolina on
Q: I’m going to court for a civil case for child support if I bring money for payment would the judge honor it

it’s the first court appearance would the chances of me getting locked up slim to none

Whitney Young
Whitney Young answered on Jan 14, 2020

It sounds like the child support agency is seeking contempt of court against you for failure to pay. If you bring the full amount owed to court, the judge will likely not hold you in contempt, which means you would not go to jail. Most judges will honor partial payment as well, especially where I... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
Read more »

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?

No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... Read more »

Adam Bull
Adam Bull answered on Jan 12, 2020

Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: I'm a citizen of North Carolina. My husband and I have a joint investment account through Morgan Stanley in California

My husband received an inheritance that was deposited into our Morgan Stanley investment account in his name only. Will I be able to receive any of this if we get divorced?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 11, 2020

Inheritance would typically be his and you would have no claim to it unless he co-mingles it. So depending on the circumstances of the deposit into a joint investment account you may have some claim. However, regardless of what the law says, all other things being equal, you should not want a... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: If someone files a false police report what happens

Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen

Bill Powers
Bill Powers answered on Jan 11, 2020

GREAT QUESTION

There are both felony and misdemeanor "false police report" charges in North Carolina, see:

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html

§ 14-225. False reports to law enforcement agencies or officers....
Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Are you always automatically guilty when it comes to a speeding ticket in Onslow County, NC?

why is there such a mystery surrounding speeding tickets in NC? I don't understand why they cannot be addressed. My daughter opted to go to court on the date shown on the citation as she felt she was innocent of speeding. The first time she went there was no judge so they continued. Same thing... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 8, 2020

You how when you car is making a grinding sound and you are not a mechanic you go see a mechanic? Well the same holds true for legal work. When you have a court issue and you aren't an attorney - you don't try to crack into it and represent yourself - you hire a traffic attorney. Had she done... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How can I get full custody of my unborn child?

I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 7, 2020

You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' - the actual father can... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: would it be malpractice for a facility to fire a patient without the patients primary drs knowledge,consent,permission?
Tim Akpinar
Tim Akpinar answered on Jan 6, 2020

No, not on its face, as a general matter. Your question remains open for two weeks and you could consult with a North Carolina attorney for any state-specific health care law that would apply. It could be, but each case can be fact-specific. When a hospital medical staff makes the determination to... Read more »

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Can a sheriff cime to my home at 11 at night and write me a speeding ticket for something he says happen 2 days before
Bill Powers
Bill Powers answered on Jan 6, 2020

GREAT QUESTION

I am aware of no law in North Carolina that prevents an officer from issuing a ticket after-hours. It's frankly doesn't sound like a very safe/smart/nice thing to do.

Most NC defense lawyers would want to more about that fact-pattern before deciding how to move...
Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: I have obtained custody of my nephew 7/2016 from VA and am currently living in NC . I attempted to call court where

Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally

Angela L. Haas
Angela L. Haas answered on Jan 5, 2020

An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that because you were... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: We were hired at closing to repair a shower pan put up insulation and a moisture barrier homeowner will not pay a penny

For work completed she claims it’s not right however we have tried to make things right and make her happy she won’t let us on property she says we needed a license and permits which is false what grounds do we have to get paid for work completed

Paige Kurtz
Paige Kurtz answered on Jan 3, 2020

Depending on how much you are owed, you could pursue the matter in small claims court. The maximum allowed is $10,000. Also, contractors that have provided materials and labor to property may have lien rights against the real property.

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