Skip to main content
Fred B. Amos II

Fred Amos’s Answers

948 total


  • Can I put the mother of my child on child support?

    We have shared custody agreement which my son primarily lives with me but we have joint custody. I work full time and my wife does to I also have Another son with my wife. The mother of my first son does not work at all nor does she support caring...

    Fred’s Answer

    You can certainly file a claim for child support against the mother of your son, but if she does not have any money, she is not likely to be ordered to pay child support to you. The easiest thing to do is look at the child support calculator, enter your information, and see what it says. I have included a link to the child support calculator below. You get credit for your son with your wife, so be sure to enter that information for other children for whom you are responsible.

    See question 
  • My husband has primary custody of our 2 girls from bio mom. She just filed after 10 years of not seeing them they are 12 & 14

    After 10 years she tried getting custody and we were awarded primary. In the papers it states "both parties shall ensure that minor children shall be allowed to participate in all extracurricular activities in which they are involved, including ch...

    Fred’s Answer

    I agree with Mr. Koller's answer and would add that while it is true that the custodial parent does not have to physically force the minor children to go on a visitation with the other parent, this does not mean that they children are simply allowed to do whatever they wish to do. Assuming dad is unable to persuade mom to simply swap weekends, then those kids need to be at the pickup/drop off spot at 9am on Saturday morning. If the children refuse to get out of the car, then so be it. But unless dad wants to run the risk of being held in contempt for violating the order, he needs to have the kids packed and in the car and ready for mom to pick them up. Having said that, I would try very hard to work out an alternate weekend so that everyone's wishes are accommodated. Good luck.

    See question 
  • How do I get two people out of my apartment?

    Me and my boyfriend got a place together and agreed to let his site stay with us. Now I want them both out after an physical altercation between me and the boyfriend. I took his name off the lease but was told by police I need to get them evicted....

    Fred’s Answer

    You need to seriously reconsider your decision to not file for a DVPO. If you are not safe, file it. It will get your boyfriend out of the apartment immediately. If you are not going to file a DVPO things are more complicated. The person who is staying with your permission needs to be asked to leave, then trespassed. Give them written notice, then call the sheriff. As for your boyfriend, even those he may no longer be on the lease, you state that you got the place together. You likely need to give him the same notice you would be entitled to. This will depend on the terms of your lease. If you are on a year lease, then 30 days is probably correct. If you are now month-to-month, then maybe two weeks notice is sufficient. Regardless, I strongly encourage you to seek a DVPO against your boyfriend. Good luck to you.

    See question 
  • In NC do you need an attorney to modify your child support?

    Also if you don't have a job what documentation do you need?

    Fred’s Answer

    You are never required to hire an attorney to assist you. While I understand it is not always financially feasible, hiring an attorney is the wise thing to do. I have posted a link to form AOC-CV-600, Motion and Notice of Hearing for Modification of Child Support Order, below for your reference. You will need to properly complete the form, file it, and serve it on the opposing party. Good luck to you.

    See question 
  • Do I have a good chance of primary custody and legal ?

    I have judge walczyk she's awesome. What are some things that I should know about walczyk? I have a temp. Custody agreement. The mother of my 1st son whom is 1yr old is not complying to the order for the 2nd time which I filed a showcause. I have...

    Fred’s Answer

    • Selected as best answer

    It is difficult to say what your chances are. What I can tell you is that the standard for child custody is the best interests of the child. So, if you can convince Judge Walczyk that it is in your son's best interests that custody be placed primarily with you, you will have primary physical custody. Being able to provide for your son is certainly a positive factor that you want to make very clear to the judge. The mother unreasonably withholding your son from you in violation of a court order is another factor in your favor. If she has further changed her number in an effort to hide from you, that could turn out very bad for her as well. I would also use her apparent refusal to communicate with you as grounds for an argument that you should have sole legal custody of the child. You are likely to keep joint legal custody, but it is worth the argument. Your best bet is to hire a child custody attorney to assist you. Good luck.

    See question 
  • Can I amend my custody agreement.

    My ex has moved from his current residence into a residence with a girlfriend and her older child. The new home is a two bedroom and there is nowhere for our child to sleep. Our child has stated that she is sleeping in the bedroom with the older c...

    Fred’s Answer

    Your question is can you modify your current custody agreement. The answer is it depends. Do you have a custody agreement that is part of a separation agreement. If so, was that agreement incorporated in to your divorce judgment. Or, is your custody agreement court ordered. If you have an agreement that is not a court order, you will need to file an original action for child custody. The standard in an original action for child custody is the best interests of the child. However, if your current custody arrangement is a court order, then you will need to file a motion for modification of child custody. Under a motion to modify, you will need to prove a substantial change of circumstances has occurred since the entry of the order. Perhaps dad moving in with his girlfriend and putting your child in a bedroom with an older child would qualify, it is hard to say. I recommend you consult with a family law attorney in your area to determine what you have in place and what you need to do to change it. Good luck to you.

    See question 
  • How can i get a divorce in NC without waiting for a year.

    How can i get a divorce in NC without waiting for a year

    Fred’s Answer

    North Carolina is a "no fault" divorce state. In order to get divorced in North Carolina, you must be physically separated from your spouse, meaning that one of you must move out of the marital home with the intent to remain permanently separate and apart, for one full year. An action for divorce cannot be filed until one day following the running of the one year separation period. So, the answer to your question is that you cannot get a divorce in North Carolina without waiting for one year. You may, however, file for and be granted a divorce from bed and board based on the fault of your spouse, but a divorce from bed and board is more akin to a legal separation than a divorce in that it does not dissolve the matrimonial bond.

    See question 
  • Any rights for married stay at home mom?

    I am married I have a child with my husband, I am a stay at home mom and he works for Microsoft. SInce I dont work everything is under his name cars, apartment,etc. He left the house and said i had 30 days to figure it out with my daughter .Its b...

    Fred’s Answer

    Yes, you absolutely have rights, substantial rights. I am very sorry that you are in the situation you are in, but you will need to take action to get what you are entitled to. You of course have claims for child custody and child support, but you may, as it sounds, be entitled to spousal support and alimony, property division, and, for some of your claims, attorney fees. There are many factors that determine what exactly you are entitled to, such as how long you have been married, your respective incomes and earning capacities, etc, so it is impossible to say what, if anything, you would actually receive. I know litigation is expensive, but I believe it would be well worth it for you to at least start with a consultation with an attorney to go over the details of your situation and get a better understanding of your rights. An attorney can also assist with finding your husband and having him properly served. Good luck to you.

    See question 
  • I recently divorced and my ex-husband has not paid off a boat we jointly own as agreed upon in our separation agreement.

    I am the primary borrower and he is joint on the boat loan. The separation agreement outlined that he was to pay off the boat loan by 1/1/15 and put in his name. The loan has matured and the remaining payment is $5000. I am concerned he will not...

    Fred’s Answer

    As has already been stated in previous answers, the correct answer to your question is dependent on whether your separation agreement was incorporated in your divorce judgment. If not, you may sue your ex-husband for specific performance on the contract. As the amount is less than $10,000, you can bring such an action in small claims court, which is much less expensive than if you had to sue in District Court. If the separation agreement is incorporated you need to file a motion to show cause to get him before a judge to answer as to why he has not complied with the court order. If he has the ability to pay, a judge can hold him in contempt for his failure to comply with the order. One possibility is that the judge could put him in jail until he complies. While you could handle the small claims action yourself, I would not recommend it. If you are filing a show cause, I highly recommend you hire an attorney to assist you. Good luck.

    See question 
  • "If I am paying child support in North Carolina and was never married to the mother. Can she legally keep me from seeing her"

    This is for a friend, he pays child support monthly. He works, He's an army vet and point is he's done nothing wrong to not be able to see his daughter. Yet the mother of the child refuses to let him see her. He hasn't seen her in over two year...

    Fred’s Answer

    In North Carolina each parent has equal rights to the care, custody and control of a minor child. Without a child custody order in place mom can do whatever she likes. Waiting two years to take action was a poor decision, but it is by no means too late. All else being equal, it is in the best interests of a child to have both parents in their life. An action for child custody needs to be filed as soon as possible.

    See question