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Fred B. Amos II
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Fred Amos’s Answers

883 total


  • Would I need an attorney, or can I file for a divorce myself?

    If childsupport has been filed and ordered against my children's father, but we have not yet divorced, would I need to hire an attorney to file divorce? Or, can I file myself? The only thing I really want is half of any monies off of our marital p...

    Fred’s Answer

    You can certainly file your own divorce, but if you are a granted a divorce without preserving your claim for equitable distribution, then the claim is waived. Same for alimony. It will be worth your time to consult with a family law attorney before proceeding with filing for divorce.

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  • What does this mean: This agreement will not be incorporated into the divorce judgement.

    This phrase was found in the section of the separation agreement that is titled: Divorce. It says: Either party may file for divorce at the end of one year from their agreed upon separation date. This agreement will not be incorporated into the ...

    Fred’s Answer

    No, it does not mean the agreement is null upon reaching the divorce. In NC a separation agreement can be incorporated into the divorce decree, or it can not. If you incorporate your separation agreement the agreement becomes enforceable by the court. This means, for example, the court would be able to hold a party in contempt if not complying with some provision of the agreement. On the other hand, if the separation agreement is not incorporated, it is simply a contract. The remedies for breach of contract are too cumbersome to discuss here. Needless to say, you need to consult with an attorney to determine whether or not it would be beneficial to you to have the separation agreement incorporated.

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  • I live in NC and my soon to be ex wife lives in Maine, I haven't seen her in over 5 years. How do I get a simple divorce?

    I have not spoken, heard from, or seen her in over 5 years. We have a daughter together, which she has custody of. I have no communication with either of the two, but its not without lack of trying. I've been blocked on my daughter's Facebook, and...

    Fred’s Answer

    Assuming you have lived in NC for the past six months, you can file for divorce here. The issue would be one of service, i.e. you must be able to serve the divorce papers on your wife. Most attorneys charge a flat fee for a simple divorce. You should consult with an attorney before you file to be sure you aren't leaving any issues on the table.

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  • Can I sue the father of my step kids for reducing his child support payments just because he felt like doing it?

    The father of my step kids last year decided to reduce his child support payments for his 3 kids from over 60% per month just because he didn't feeling like paying the amount he was originally ordered by a court decree to pay. Their mom is a stay ...

    Fred’s Answer

    I don't know that you have any recourse as they are not your children. You may be married to mom, but that in and of itself gives you no rights. The right to child support belongs to the mother of the children. So, she is the one that needs to go after dad with regards to child support. If he is not following the court order she needs to file a motion to show cause to get him in court to explain to the judge why he is not paying what he was ordered to pay.

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  • I'm divorced and have an 11 year old son. My ex and I do not have any agreements in place (no alimony, child support etc.).

    I recently got remarried as well. My question is now that I am divorced and remarried - can I still ask for child support from my ex? He makes more than both myself and my new spouse combined.

    Fred’s Answer

    Child support is on the table until the child turns 18. You may also be entitled to retroactive child support for the three years immediately prior to the date you file your claim for child support, so I would advise you to file as soon as possible. Also, your new husband's income is not relevant to whether or not you are entitled to child support, nor will it be considered in setting the amount you are owed. Consult with a family law attorney to be sure you cover all of you bases

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  • Marriage overseas

    I and my wife were married overseas in our home country. We never registered our marriage in US. We are talking about divorce now. Should we go back to our home country to get divorced?

    Fred’s Answer

    If you were properly and legally married in your home country, then your marriage most likely recognized in the U.S. Further, if you have lived in NC for at least six months, then you may file your divorce in NC. I would advise at least consulting with an attorney prior to filing your divorce just to be sure you are not missing any issues that need to be addressed.

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  • How can I qualify for alimony

    my husband has been out of the house for a month and a half and he refuses to help me with any bills

    Fred’s Answer

    You need to speak with a family law attorney as soon as possible. If he has left you with no money and no way to pay your bills, you may be entitled to emergency support. What you should be asking about right now is post separation support. Alimony will come later.

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  • Am I under any legal obligation after divorce is finalized to give up joint property?

    Husband and I share ownership of a timeshare. We divorced in 2013 with understanding that I could use timeshare when he was not using. Nothing about property was mentioned in divorce. He remarried in 2014 and now wants me to sign over deed to t...

    Fred’s Answer

    I agree with Ms. Bellingrath in that you are under no obligation to sign over your share to your husband and his new wife, and you should not sign anything without having an attorney read it and explain your rights first. Assuming the timeshare is located in NC, you had a tenancy by the entirety during the marriage, but upon divorce your tenancy converted to a tenancy in common. This means that should the two of you not agree on how to move forward either of you could sue for partition. However, you did not mention in what state the timeshare is located, and that could make a difference as to your specific rights.

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  • When i filed for the emancipation of my oldest son my ex decided to bring up an arrear from another state from 13 yrs ago w/o

    filing a motion thus hindering child emancipation. A year later Im still paying child support for my son who is emancipated and in college. He is in VA.

    Fred’s Answer

    If I understand you correctly, you are paying a child support arrearage, not current child support. If you were ordered to pay an arrearage, you are required to pay the required amount until paid in full as you failed to pay it when it was due, owed and needed. With regards to the arrearage, it does not matter that your child is no longer a minor.

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  • Falsified domestic violence claims

    My boyfriend was recently charged with domestic violence and communicating a threat by his ex-wife. I was witness to the entire interaction, as was her former boyfriend. What was reported to the police is in all honesty the exact opposite of what ...

    Fred’s Answer

    I agree with Ms. Haas. The best thing you, and any other witnesses, can do is to show up at the hearing and testify on his behalf. If you are able to give credible evidence that the incident did not occur as the alleged victim claims, your boyfriend has a shot at prevailing. Good luck.

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