can someone help me solve this problem.
You can learn a lot about this on the internet. Stick to sites by attorneys and CPA's or enrolled agents. The lien will do nothing except keep you from selling your house without paying the IRS any amounts over your mortgage balances if you decide to sell. They will not foreclose on your house or try to sell it. This lien also affects your rights in bankruptcy. If you are not planning on moving or do not have any real estate, there is no immediate danger. Read the letter that came with the lien notice, go through the appeals process, and if you qualify, the IRS may determine that you are currently uncollectable. You can also offer to enter into an installment agreement with the IRS to pay your debt. The IRS.gov website has an automated application for this. It is best to engage the IRS in a conversation about what to do in your particular situation, as ignoring them does not typically work to your advantage.See question
I have been told he has told people he is going to runaway because of the way my ex and his current wife treat him. I have had many people tell me its really bad. He has been married 2 times since 2010 and both times it has been bad. My son is 12 ...
This is pretty complicated, and expensive. First, your lawyer would need to know if there is any custody order in the first place entered in any state. If it is entered in NC, and nothing was ever heard in CA, you could try and file a motion to modify here. If your son has lived in CA for more than 6 months, however, it is very likely that the case would have to be pursued in CA. If he has been there more than 6 months, you need a California lawyer. If there has never been a custody order entered, but he has lived out there at least 6 mths, it will definitely have to be heard in CA. It also sounds like most of the facts to support a change in custody would be established by evidence that exists in CA, making it even more likely that your case would be heard in CA. I am not sure if CA has an "age of decision" statute that allows a child of a certain age (sometimes as young as 12) decide where they want to live, with certain restrictions. Obviously, this would make your case stronger. As to whether any court is going to change custody, the typical standard is whether you can show a significant change in the circumstances that existed at the time the existing order was entered. This might be met by showing the new woman in Dad's life treats your son poorly and the entire living arrangement existing at the time of the existing order has changed. If you meet this requirement, then the court will consider what is in the best interest of the child. If there is no "age of decision" statute, the court will still likely give some significant weight to where the child wants to live, as long as he can articulate why he wants to live there in a mature way, and the reasons are better than he doesn't like the rules at Dad's house. Saying all of that, you absolutely will need an attorney to get this done.See question
I had an attorney draw up a separation &custody agreement; both my spouse & I signed & it was notarized by the attorney. Spouse blamed me because DSS is investigating their drug abuse & has refused to let me see my child for 2 weeks, even though ...
You have enforceable rights, but it will require one or more trips to court.
The separation agreement cannot be used by law enforcement to help you gain custody of your child. This is why we typically encourage clients to break that part of the agreement out of the SA and make it an order instead. It is a private contract, it is worth the paper it was written on, and I recommend you go back to the attorney who wrote it for you, assuming they are a qualified family law attorney.
Your course of action is either to file an immediate custody action with the court, and ask for emergency custody of the child based on the allegations of the DSS complaint and any other facts that you have that would legitimately pose a danger to the child if left in your ex's care. The court will evaluate if you have a situation warranting giving you temporary custody while things are sorted out. The next step is a full custody hearing. The agreement you have will be considered by the court as the parties' agreement as to what they both believed to be in the best interest of the child at the time it was signed, and though it does not technically apply, will typically require one of you to show why things have changed enough at this point to warrant the court doing something other than exactly what is in the agreement. Understand, the court has the power and jurisdiction to do what it believes to be in the best interest of the child, regardless of what's in the agreement, but appellate decisions require the judge to abide by your agreement unless there is some compelling reason not to do so. In short, the procedure is not a breach of contract claim, as the court always has jurisdiction over custody, regardless of your contract, and must deal with any custody matter under Chapter 50 of the statutes.
As to DSS, if they determine that your ex has neglected, abused or refused to properly support your child, they will remove the child from their custody, and will look for a suitable placement for the child while the court goes through the motions of seeing if the child and your ex can be reunified. You would be the obvious choice and can petition the court in a juvenile action to intervene and be represented in order to have the court hear your argument for giving you custody while the juvenile court matter is pending. This is completely independent of any action you would file for custody.
Bottom line, it will cost you money to get custody unless DSS removes the child. You need an attorney to move forward, and you want to act immediately.
Hartsoe & Associates, P. C.
Avvo Rating: 10
i cant afford it
There are a lot of questions that need to be answered before someone can give you a definitive answer to your question. If you are divorced and no claim for equitable distribution was filed before the divorce was completed, a court cannot make him pay the mortgage, and you both own a portion of the home. If neither of you pays the mortgage, then the loan will go into foreclosure. The bottom line is that you need to consult with an attorney to get a solid answer as to what you can do, how much it might cost, and your chances of success in attaining your goals.
Our firm regularly practices in Lexington.
Hartsoe & Associates, P.C.
In our separation agreement I relinquished and sign over deed to him,and it was understood that he was to take me off loans from joint to his name only. it has now been over 2 yrs and still on my credit ,and I can Not go get any credit if need it ...
As the others have mentioned, pretty much everything will revolve around what the separation agreement actually provides, and whether it was properly drafted and executed. These are complex legal issues and if you want the right answer, I would encourage you to consult with an attorney about it, as the money will be well spent to get the right answers the first time and then understand whether it is worth it to pursue the matter further. If the agreement is properly drafted and executed (notarized), and clearly provides that he will refinance the home, there is typically a consequence in the agreement for not doing this within a certain time frame. There is often an attorney's fees clause in a well-drafted agreement, that would allow you to recover your attorney's fees from him as well if you are forced to take him to court to enforce the agreement, and win.
Hartsoe & Associates, P.C.
Offices in Greensboro and Winston Salem
mother/father not living together - mother wanted separation - father out of town - mother and her parents not allowing other grandparents to see child - father not taking responsibilities - child 2-months old
It is indeed a very complicated area of the law. Fast answer is probably not, but you really need to consult with a family lawyer to determine whether there might be any basis by which you could legally be granted visitation/custody rights.
Hartsoe & Associates, P.C.
Winston-Salem and Greensboro
Person borrowed money and could not pay it back. Gave me the car in lieu of the borrowed money. Now a civil suit has been filed by the enstranged wife and I find the car was part of Marital property. Do I have to return the car since the person ca...
Depends on several other facts. If the title was signed over to you as the new owner by the person who was the prior titled owner of the vehicle in an "arms length"(fair, not insider) transaction, then the spouse cannot cause the vehicle to come back into the marital estate in the domestic action, they can merely request a credit, if appropriate, in that civil action. If, however, you simply have the vehicle and do not have the title, the court could order the vehicle returned. If the debt to you was a marital debt, and you took the car in full satisfaction of the debt, it is unlikely either party wants it back, unless its value far exceeds the amount due and owed on the loan.See question
I was pregnant and my husband moved his girlfriend into the house. After giving birth, I couldn't deal with her and I moved out. She is now 8 weeks pregnant and our son is 6 weeks old. I also have a face book post where she boasted about the pregn...
Assuming from your answer that you remained in the house after he moved the girl friend into the house, I think your chances of convincing a jury of the issues required to win are pretty slim. He would also have a defense of ratification, meaning you agreed to or passively agreed to his actions, but not moving out or taking action to remove her from the house. I agree with the other comment that you would be much better off using your resources to pursue equitable distribution and spousal support from your husband.See question
No charges filed parent scared for child go to court. Also lived in mother in laws house she said would sign over to hi.m and never did although we signed over our house moved from to her .....so all 3 homes in her name hers she liv...
As to your actual question about alimony, the other answers are largely correct. You may make a claim for alimony/spousal support at any point prior to entry of a divorce judgment. Waiting four years, however, may have created several issues that will make actually recovering/receiving spousal support much more difficult. Everything depends on the actual detailed facts of your situation. Our office offers reduced rate (not free) consultations for family law matters and would be glad to meet with you in either our Greensboro or Winston Salem offices. Please contact us at 888-725-1985 if you would like to make an appointment. It is complicated, to say the least, and it is impossible to give you a definitive answer based on the information you have provided.See question
my sons mother and I do not have any kind of visitation agreement set up but once a month she tells me I am never going to see my son again...what rights do I have as the childs father? and can she take him from me if there is no neglect, or abuse...
Without a court order, both of you are equally entitled to the legal and physical custody of the child. On a practical level, however, the parent with initial physical custody has the upper hand until an order for custody is entered, as it is not adviseable for the non-custodial parent to simply go and grab the child from daycare or school. You can visit them at school, but I would not advise simply taking them home. Many times, the school or daycare will not be aware of your relationship to the child and if your name is not on the birth certificate, they will not allow you to see or take the child in any event.
You need to file an immediate custody action. Depending on your status with mom, you may also need to prove you are the child's father. You may ask the court for a temporary custody order giving you reasonable time with the child. Much depends on what the situation was before you separated. If you were actively involved in the child's life prior to separation, you are likely to get more time with the child than if you were not really around much. The age of the child, whether it is breast feeding, your work status, your housing, etc. all figure into a court's decision regarding custody.
So, you have the same right to the child as the mother, but you have to get a court to enter an order so that those rights can be legally enforced. Without an order, law enforcement will not get involved. This is complicated, and obviously about as important as it gets, so you need to make every effort to hire an attorney who regularly practices family law in your area, and you need to act quickly. Waiting makes the court think you really do not consider your visitation rights as all that important.
Lastly, do not have conversations with mom about child support in conjunction with discussing custody, the two should not have anything to do with the other. Keep a log of all the times you have asked to see your child and her response, keeping copies of text and email messages that can be shown to a court later on to show that she has refused visitation.
Hartsoe & Associates, P.C.