Skip to main content
Sean F. McIlveen

Sean McIlveen’s Answers

82 total


  • Is it possible for the person who has been a father figure to my son adopt him?

    My friend and I dated three years ago and he has been a father to my five year old for three years after our relationship ended. My son only knows him as "daddy". Not because that's what we taught him but because that's all he known. I fell on har...

    Sean’s Answer

    You need to consult a family law attorney before doing anything. You could be giving up all rights to your son. I don't think that is what you want to do. Is it?

    See question 
  • If my husband pays me $ 90s for my half of the house rather than selling , is that a taxable event ?

    My Husband doesn't want to sell. He wants to buy me out. I want to know if there would be any tax implication from him giving me $90,000 to settle that. Thank you,

    Sean’s Answer

    Nope. It is a tax free event pursuant to a property division. You should not have to claim it at all.

    See question 
  • What do i need to do?

    I have 4 children and full custody of them. My ex husband claimed them last year and i sent mine by paper then i got a letter saying one of us had to amend our taxes. What happens if he did not amend hes and what if he claims them again this year?

    Sean’s Answer

    You should have submitted your custody order with your returns. If he did not amend, they will audit him and bill him. Same thing this year, if you both claim them, it will flag their social security numbers. Submit your custody order with your returns. You should get the deduction and they will audit him or force him to amend.

    See question 
  • If I am unmarried at the time of childbirth, who can legally sign the birth certificate if I'm not seeing the farther anymore.

    I'm 22

    Sean’s Answer

    You can have the biological father's name listed on the birth certificate or you can stop state who the father is and it will be listed as "REFUSED". You will have that choice. The father can file an acknowledgment of paternity if he would like.

    See question 
  • I am trying to file for divorce on my own but he no longer lives in my state and I have no address for him.

    we have two minor children but have had no contact for over 2 years now. How do I have him served? Someone told me I could run an ad in the paper?

    Sean’s Answer

    You have to try to find him first and exhaust all efforts to do so. If you cannot find him, then it is possible to serve him by publication in a newspaper that is distributed in the area in which you last knew that he resided. It isn't as easy as just an ad though. The contents of the publication need to be fairly specific. It is difficult to do on your own but it can be done. You need to make sure that you also file an affidavit of publication with the court. You will need to testify in court as to your efforts to locate him.

    See question 
  • How can a biological father give up parental rights in north Carolina ?

    sons father left 6 months ago, he does not call or want to see his son. he does not help out at all financially and is willing to relinquish his parental rights. how would we go about doing that without having to hire a lawyer?

    Sean’s Answer

    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 hearing, he just can't "give up" his rights.

    See question 
  • How will I know if my son's father's tax return has been intercepted for back support he owes?

    There IS an order for support, I have received a portion of his taxes before, but he is married now. I am also married now, if that affects anything.

    Sean’s Answer

    If they are automatically intercepting his returns, then the child support must be going through DSS. You can check the online system in Raleigh, but if they intercepted it, typically there is a lag time before it is posted or released to you. You can call your caseworker for some information, but that is probably the only way to go about it. Even though he is married and filing jointly with his new wife, they will intercept the joint return if previously allowed to do so by order. Your marital status should not matter.

    See question 
  • Do I need custody over my daughter before I get a divorce?

    We have been separated a year also all property was separated equally and I have been raising the child since we have been separated .

    Sean’s Answer

    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.

    See question 
  • How can I go about asking the Army to enforce the order for child support against my son's father?

    The judge issued a temporary order for support back in August, since my son's Dad is currently stationed in Germany, to get us over until he comes back to the state, at that point, support will be based on his income. As of now, he pretty much pay...

    Sean’s Answer

    You can file a motion to have the support wage withheld. The court will do that, but the problem that you face is that since he is stationed oversees, the Soldiers and Sailors Relief Act may put a hold on all court proceedings for a while. BUT, you can get in contact with his base commander. I have done that before. They take non-support very seriously in the Army. They will call him in and inquire as to why it is not being paid. They should make him pay it. Good luck.

    See question 
  • 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?

    I have not seen her or heard from my spouse in 3 years , and she has just given birth . As we are legally married , social services has contacted me regarding the paternity of the child . I have been trying to prepare myself emotionally and fi...

    Sean’s Answer

    • Selected as best answer

    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 anything sneaky going on here. You will need to go to that hearing and request a paternity test. There should be no reason that it is not granted. They typically can even do the test collection in court now. The results will come back that you are not the father and that will resolve the issue. A divorce is a separate action and you can file it at any time you choose. Yes, file it now.

    See question