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Fred B. Amos II
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Fred Amos’s Answers

882 total


  • Where are the forms located to file an answer/counterclaim for a divorce?

    I have already consulted with a lawyer and have been made aware of my rights. I would like to start this process off by filing my own answer/counterclaim and am unable to find the forms on the NC court site. Can someone please direct me to the cor...

    Fred’s Answer

    There are no standard forms for filing an answer. An answer is typically drafted in a manner to respond to each individual allegation of a complaint. I suggest you go online and. Google "answer to complaint" or something similar, and you should see some examples.

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  • Age 14 Emancipation in state of NC

    I have been abused, made to steal and break-in houses since the age of 8 years old with my father. He makes me drive him when he is intoxicated and demands I work with him on jobs that are extremely dangerous. I have been trying to get away from h...

    Fred’s Answer

    By law you cannot petition for emancipation until you are 16 years of age.

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  • What happens if I miss ONE court-ordered child support payment?

    Never married to the child's mother. Court-ordered to pay child support. Never missed a single payment in 5 years. Currently on the brink of bankruptcy and cannot make the payment this month. What will happen now??

    Fred’s Answer

    I agree with Ms. Haas and would just add that if your employment or some other circumstance has changed over the last five years that is causing you to be unable to make your child support payments, you may be able to seek a modification. You should consult a family law attorney to determine if this is a possibility for you.

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  • I want to divorce my husband. Can I just leave him? What legal consequences will I face if I leave him?

    We have no children and have common properties and debts. We have been married for 12 years. I am afraid he could harm me if I leave. He drinks a lot and could revenge.

    Fred’s Answer

    I agree with Ms. Haas. There are many issues to consider before you leave, including your personal safety. There are services available to assist you should you need help finding a safe place to go. Please consult with an attorney soon.

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  • Can my husband get his child support on hold since he will be unemployed? We're moving from FL to NC.

    Divorce judgment and child support judgment under State of Florida laws. Monies taken directly from his employer - he has no arrears. Relocating from Fl to NC will occur in December at which time father will be unemployed. However, father's curren...

    Fred’s Answer

    I cannot speak to the laws of the State of Florida, but in NC new wife is not responsible for supporting your child, so her income is not a factor. If you have not already, you should consider filing your order in NC for enforcement purposes. As dad is moving to NC it also makes sense to have jurisdiction moved to NC. As for dad, he can file to modify his support obligation while he is unemployed.

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  • Non custodial parent, father refusing to sign document so children can travel out of US with mother (custodial parent)

    He did sign for them to obtain passport and travel to Mexico last year. He lives in Ohio, mother and children reside in North Carolina. He originally agreed to sign, provided document and return stamped envelope asking that he sign, date and have ...

    Fred’s Answer

    You need to consult with an attorney. There are many questions to be asked and answered with respect to the details of any agreements and/or court orders that may be in place before you can be given any advice. It may very well be that dad does not have to give consent and that you cannot force him to sign anything. It depends. It may be that you need to take steps to attempt to obtain sole legal custody of the children so that you do not need his consent. Hard to say without knowing all of the facts.

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  • My husband and I agreed to have my father mediate a separation. Now with divorce on horizon, I feel like I need attorney. Help.

    My husband respects my father and he ended up paying me nothing in separation. However in divorce he has to split 401K and then fix up and sell our house (needs lots of work). He has money from death of his father and I agreed that he could be pai...

    Fred’s Answer

    You certainly made a mistake having your father attempt to mediate between you and your husband. How much damage you have done depends on whether or not you executed a separation agreement, and, if so, what it says. Fortunately you are not yet divorced, so you may be able to salvage the situation. I strongly encourage you to consult with a divorce attorney as soon as possible.

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  • Affordable Child Custody Attorney in Wake County?

    I am more than willing to pay good money for an attorney for my child custody case. My only problem is coming up with a $5,000+ retainer fee up front. Are there any family law attorneys in Wake County that will work with me?

    Fred’s Answer

    There are many family law attorneys that charge lower up-front retainer fees. Shop around a bit.

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  • How difficult would it be and what would be the process for having family court decide a child's school enrollment?

    My ex-wife and I are in disagreement of which school is best for our almost 12 year old son. She wants him to remain in his current school because she feels its "the best environment for our son to grow, be nurtured, and pushed beyond his abilitie...

    Fred’s Answer

    It could be quite difficult. It really depends on all of the facts. If your child has been in a dual language school for seven years, then he is likely fluent in Spanish, so that should not be an issue. However, if the tests on which he is performing poorly are in English, not Spanish, that could possibly be an argument that it is time to switch him over to a traditional English-speaking school. I have two children in full Spanish immersion programs, so I have a bit of experience with this. You should consult with an attorney to go over all of the facts and see if it really does make sense to push to switch schools.

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  • Is child support based only on the father's income versus expenses, if he is married to another person?

    basically will the spouse's income be included in child support for a child from another relationship?

    Fred’s Answer

    No, new spouse's income will not be used in the child support calculation. So, in your scenario, dad is remarried. Only his income will be used to determine his child support obligation. The income of his current spouse is not a factor in the calculation as that person has no responsibility for the child.

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