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Fred B. Amos II
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Fred Amos’s Answers

882 total


  • I got married in Jamaica am I considered married in North Carolina ? I kept my last name and never registered any paper work

    There are no records in the United States indicating I was married in the states

    Fred’s Answer

    If you were properly, legally married under Jamaican law, congratulations! You are married; even in North Carolina. Good luck to you.

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  • Can the person that takes out a dvpo violate it?

    I consented to a dvpo. I realize now that I should not have. The girl that took out the dvpo has purposely violated it by going out of her way to drive past myself and my residence. Is she held to the same standards as I am and can she be charg...

    Fred’s Answer

    No. A DVPO is a one-way street. The person who is awarded the order is not subject to the terms of the order. The DVPO is only effective against the person who is the subject of the DVPO.

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  • Would I need to get a Family Law attorney to represent me for the Divorce/Separation/Financial responsiblity side?

    I have filed for child support and have been assigned a lawyer automatically by the state. My hearing is pending for May. Would I need to get a Family Law attorney to represent me for the Divorce/Separation/Financial responsiblity side? Or can I r...

    Fred’s Answer

    You are asking two questions: (1) do you need an attorney, and (2) must you have an attorney. The answer to question (1) is yes, but the answer to question (2) is no. While inadvisable, you are not required to be represented by counsel in your claims for divorce, alimony, equitable distribution, etc.

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  • I was able to keep house with separation agreement and she wont leave

    my wife and i decided to separate she let me take over the house which i had to refinance and in return i had to pay her a lump sum of money the problem is she wont leave in the separation agreement it states she can stay till her transfer at work...

    Fred’s Answer

    You need to speak with an attorney. If neither of you have moved out of the marital residence, you are not separated, and I am doubtful the document you claim to be a separation agreement is valid. Unless you obtained a Divorce From Bed and Board, if you still live together, you are not separated.

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  • I just recently found that my 8 yr old daughter is not mine i payed child support a few years ago but no longer do

    I was wondering if i can go down to child support and get a refund on what i payed in child support and as well as if the mother doesn't know about the dna test i done and she goes to put me back on child support what will the outcome be

    Fred’s Answer

    You should proactively provide the results of the DNA test to CPS and resolve that issue so that they no longer look to you for support. However, you will not be refunded monies you paid in the past.

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  • My mom spanked my child and left a bruise. Me and my husband don't want to press charges but my husbands mom does. Can she?

    My mother (the childs grandmother) spanked my daughter and left a bruise. She has permission to spank her and this is the first time she has ever left a mark and it was very unintentional to do so. The child only a little over a year old. Me and m...

    Fred’s Answer

    While it is not illegal to spank your child, there is no valid reason to spank a one-year old. They have no capacity for reason. They are incapable of understanding right from wrong, thus the punishment will not be effective. You should not use corporal punishment until the child is quite a bit older And capable of understanding consequences. Just tell Grandma no more spanking and move on.

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  • 50B and 50C protection and Stalking Order violations. Does the Plaintiff have any restrictions?

    Does the plaintiff in a 50 B and 50 C protection order have a legal right to be at a store or place of business if a defendant is there (known to the plaintiff or not)does the defendant have an obligation to leave or be in violation of the order? ...

    Fred’s Answer

    Most protective orders are one-way streets, i.e. they do not apply to the Plaintiff. You, as the Plaintiff, can go wherever you like without restriction. The Defendant, however, must comply with the terms of the order. However, I agree with the previous answer in that you should not go somewhere where you know the Plaintiff to be. If you do so with the intent to violate the Plaintiff and are found to be abusing the order, you run the risk of losing your protective order.

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  • My husband has an 18 yr old in Florida wr live in nc he was paying cs until Dec when they shut him off and said he met his dues.

    Ex wife says he has to pay untill child is out of school and is going to file an extension and that letters always go out on child's 18 th bd to say it's over Help please do we owe divorce papers say nothing about child turning 18

    Fred’s Answer

    I agree with the previous answer that you likely need to seek out a family law attorney in Florida. However, the cutoff date for your husband's child support obligation is determined by the court order in place. It is not uncommon for child support to continue until the child graduates from high school when the child turns 18 while still in school. The reason for this is that the child is still typically living at home with the custodial parent. Now, if mom means dad has to pay until the kid gets out of college, that is a different story. In that case, he is likely not on the hook for additional payments.

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  • Do I need a lawyer to file for sole custody in Wake County?

    My child's father recently received papers for child support, and is now wanting to have custody of my child. I know he has a drug problem and I would like sole custody of the child. Furthermore, he has threatened many times to not return the chil...

    Fred’s Answer

    I agree with the previous answer. While you are not required to hire an attorney, it is strongly recommended. While it is not inexpensive to fight for custody, considering the age of your child, you are looking at over a decade before the child turns 18. Get started on the right path and, at a minimum, consult with an attorney to get an understanding of the process and what you might expect as you proceed through the legal system.

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  • Married more than 10 yrs ago for 14mths and he left. He's married 2 other times since how do I get a divorce from him?

    He is in jail somewhere and I have moved to NC. No children or property together. We married in Tennessee

    Fred’s Answer

    If he is in jail, he can be located, which would be very helpful. I suggest having a consultation with an attorney to discuss filing for divorce as stated in the previous answer.

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