Sean F. McIlveen’s Answers

Sean F. McIlveen

Gastonia Divorce / Separation Lawyer.

Contributor Level 9
  1. My spouse and I have been separated 3 years and she just gave birth. How can I prove I am not the father to social services?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Leslie Hall Amos
    2 lawyer answers

    Since you are married, NC law presumes that you are the biological father. You will not get DSS to stop contacting you. They will file the action to establish paternity and set a court date. Contact the case worker to let them know that you are not the father and will be asking for a DNA test. Remember, she probably never said that you are the father, it is just the correct procedure to exclude you first since you are married and the imputed father. Don't think that there is necessarily...

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  2. Can the judge override a previous agreement to alternate tax years if one party objects?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. David Alexander Browde
    3. Bruce Givner
    3 lawyer answers

    The short answer is yes. A judge has the ability to modify a prior court order that deals with custody and/ or child support if there is a showing that there has been a substantial change in circumstances that has arisen affecting the minor children. It is a prerequisite that a substantial change exists prior to the court modifying an order. This can be done over an objection if it is shown to be in the best interest of the minor child to do so. Under your scenario, it does not sound like...

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  3. How long do I have to pay marital support in NC.

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Daniel S. Bullard
    2 lawyer answers

    Hold on. You said that you are now divorced? Was alimony reserved before the divorce? Meaning, did she file a lawsuit for alimony in the divorce or before? If she did not, then the divorce cut off the claim for alimony and she can never get it. In that case, you can stop paying today and there would be nothing that she can do. Was that claim left open?

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  4. Do I need custody over my daughter before I get a divorce?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Barbara Ellen Cini
    2 lawyer answers

    No. A divorce in NC is only based upon 1 year continual separation. There is not requirement that custody be resolved prior to the divorce, only that property and alimony have been properly raised or resolved. Custody can be dealt with at any time in a separate action should you need to do so.

    4 lawyers agreed with this answer

  5. My daughter came to live with me from her dads, and i cant get her in school cause he had custody what should i do?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Mary Katherine Brown
    3. Martha Bronson
    3 lawyer answers

    Do you have a custody order in place? If so, you need to modify the court order. It will be necessary to file a Motion to Modify the custody based upon a substantial change in circumstances. If there is no order, you as the parent can enroll her in the school district in which you live. It is possible to get an emergency hearing for the modification if his conduct rises to a level of harm to the child. You really need to consult an attorney in your district (or the venue where the court...

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  6. My friend's wife filed for divorce but refuses to return answers to property settlement so he can get divorced. What can he do?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Leslie Hall Amos
    2 lawyer answers

    As long as they have been separated 12 months, he can file for the absolute divorce. He just needs to make the claim for property distribution prior tot he entry of the absolute divorce. If she refuses to cooperate in settlement negotiations, he needs to file the claim for equitable distribution. There are requirements that the parties submit themselves to mediation or other ADR methods to attempt to settle the case prior to trial. If he gets nowhere, then the court will decide the issue....

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  7. My wife hired a lawyer to file for divorce . We live in NC and so the law states couples have to be separated for 12 months .

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Leslie Hall Amos
    3. William W. Phipps
    3 lawyer answers

    You need to see an attorney! You absolutely do not have to sign anything, and you shouldn't sign anything unless you have a lawyer review the documents. A separation Agreement is a voluntary contract between both of you. You do not need to and should not sign anything. You cannot stop the divorce if you have been separated a year, but as far as custody, property, alimony, etc, that needs to be agreed upon by both of you or court ordered.

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  8. How can a biological father give up parental rights in north Carolina ?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Ashley Elizabeth Lorance
    2 lawyer answers

    It will be very difficult to do on your own. He cannot consent to terminate his own parental rights by agreement. You will have to file an action to terminate his rights based upon the statutory basis for doing so. In this case, you will allege abandonment for a period in excess of 6 months with the failure to offer his love and affection to the child. The court then must decide that even if that factor is shown, would it be in the child's best interest to do so. It must be done in a court...

    3 lawyers agreed with this answer

  9. How does a low-income individual find a pro bono family law attorney to draft a parenting agreement?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Leslie Hall Amos
    2 lawyer answers

    Legal Aid of North Carolina -Raleigh Office 224 South Dawson Street, Raleigh, NC 27601 [Mailing address: P.O. Drawer 1731, Raleigh, NC 27602] 919-828-4647; FAX: 919-839-8370 TO REQUEST LEGAL HELP, CALL: 1-866-219-5262 (toll free)

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  10. Does filing a legal separation releave me from further tax obligations with my husband?

    Answered over 1 year ago.

    1. Sean F. McIlveen
    2. Steven Anderson Leahy
    3. Dana Whitney Atchley
    4. Christopher Michael Larson
    4 lawyer answers

    A lot depends on the wording of the prenup. Filing for a legal separation would be the best way to cut off any future obligation for debt. Should you have to go to court, if he incurred debt after your date of separation, the Court would likely make him solely responsible for that debt anyway. It may be possible regardless to seek innocent spouse protection through the IRS. You really should seek personalized legal assistance to address your individual concerns.

    3 lawyers agreed with this answer