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Fred B. Amos II
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Fred Amos’s Answers

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  • My husband and I were separated and I conceived a child. How can I refute him as the father? We are still married.

    My husband and I were separated, though residing in the same residence until his apartment was ready. We both had relations with others, though mine resulted in a pregnancy. Should I carry the baby full term, how can I legally refute my husband ...

    Fred’s Answer

    First, you were not separated under the laws of NC if you were still living together. Thus, your husband is the putative father of the child.

    Second, only you can decide whether or not to have the baby. That is the most personal of choices. If you are unsure, I recommend you seek counseling.

    Third, should you choose to have the baby, try to determine who is in fact the father. You should be able to recollect who you had sex with and when and figure it out. Beyond this, you should see legal counsel on how to proceed as there are many, many possible issues here.

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  • What form is filed to withdraw a Motion to Modify Child Support?

    I would like to know the name of the form that would be filed to cancel / rescind /withdraw a Motion to Modify Child Support in Wake County and would also like to know the correct legal term for this action (rescind/withdraw/cancel, etc.)

    Fred’s Answer

    You are referring to a voluntary dismissal. You can find the form as directed in the previous answer. The case coordinator for your assigned judge may also be willing to assist you.

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  • Is it legal to spend all of my 401k before a divorse

    will probably get divorced, is it legal for me to empty out my 401k and spend it before hand

    Fred’s Answer

    I agree with Mr. Hatley. It is not a good idea. Not only would you be likely to have a judge order you to pay your spouse their share of the 401k from some other source, but it is also likely that your spouse could make a claim for a greater share of any additional assets based on marital waste as a result of you depleting your 401k. I would not recommend this.

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  • What are the statute of limitations for breach of contract surrounding property division in divorce?

    My ex-wife was awarded our house in our divorce and accepted full financial responsibility for it. She got too far behind on the mortgage and the bank wanted all or nothing paid. She decided to abandon the home and file bankruptcy. Leading the pri...

    Fred’s Answer

    The first step is to determine what you have, i.e. a court order or a separation agreement (contract). Only then can you determine how to proceed.

    Regardless, I can tell you that the reality is that you are likely stuck. It is highly likely that your ex-wife is judgement proof, i.e. she has nothing to give you even should you sue her and win or have a court order to try to enforce. Since your ex-wife did not (I gather) refinance the property to remove you from the mortgage, which is what should have happened, the lender has every right to seek repayment from you. This is called joint and several liability. What this means is when two parties each sign on to the same debt, the lender typically has the legal right to seek repayment from either or both of them, whichever the lender prefers. Thus, you remain legally indebted to the lender, and the reality is that, unless your wife has some hidden assets, you are unlikely to recover anything from your ex-wife.

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  • I don't know where my wife is? Can I get divorced?

    My wife and I got Married in 2006. It lasted 2 1/2 years because she cheated and got pregnant. Took a test to make sure child was not mine which did prove she was not mine. I haven't seen or talk to my wife in over 4 yrs. Also, we got married in ...

    Fred’s Answer

    If you have resided in NC for at least six months, you can file for divorce in NC. You need to make some effort to locate your wife so that you can have her properly served, especially since you indicate that you have an equitable distribution issue. I recommend you consult with a local family law attorney to determine if you have any additional issues to consider and how best to proceed. Good luck to you.

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  • Can I have a court change my responsibilities listed in a non-Incorporated Separation Agreement in North Carolina?

    i have just been diagnosed with a mental disorder that my counselor determined that I have had all of my life. This disorder puts into question whether I was of sound mind when I agreed to and signed the agreement. The agreement was signed 6 year...

    Fred’s Answer

    An unincorporated separation agreement is treated like any other contract. While the courts can be called upon to interpret or enforce the terms of such an agreement, they cannot exact a modification. To modify a contract, both parties must agree. However, it sounds like you want to contest the validity of the agreement based on some lack of capacity to enter the agreement altogether. Thus, you would need to file an action claiming the contract/agreement is void based on your lack of capacity to enter into the agreement. It is an all-or-nothing proposition, i.e. the agreement would either be found to be enforceable, or it would be nullified. This answer assumes that you are not referring to any child custody terms. If you are referring to terms dealing with child custody, you need simply file an original action for custody. Good luck to you.

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  • Traveling With Sole Custody Of Child Out Of Country

    My sons Father does not have custody but does have a visitation schedule however, he doesn't live in the same state that I know of and hasn't seen his son in two years. I want to travel out of country with my son but have no way of getting ahold o...

    Fred’s Answer

    I agree with Ms. Murphy. You may want to have an attorney review your order before you expend too much energy tracking down dad as that may not be necessary. If it is determined to be necessary, you will want to discuss your options with an attorney, such as possibly seeking a termination of dad's rights. Good luck to you.

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  • 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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