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Regan Hungerford Rozier

Regan Rozier’s Answers

28 total

  • Can third party pay child support on behalf of father?

    Court order says father must pay child support, however grandparents write out checks for child support and write in memo line that it's child support for the child. Is that OK, according to the law, order, and family court system?

    Regan’s Answer

    In my experience, this is not a problem. The court order generally provides that a non-custodial parent pay a custodial parent child support. However, this does not preclude someone else paying on the behalf of the non-custodial parent. Generally, the court is most concerned that the child support is getting paid, not necessarily who pays. However, if the grandparents stop paying, then the non-custodial parent will still be obligated to pay the ongoing child support regardless of who paid on their behalf in the past. However, this is not to say that if the matter were to go before a judge, it wouldn't be an issues. Judges can do interesting things sometimes, and this varies from judge to judge, jurisdiction to jurisdiction. Like one of the other attorneys said, if you are the beneficiary of the child support payments, and they are being made, it doesn't seem like there is any reason to press the issue.

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  • My question is what type of legal action can I take against the landlord of my neighbor to force them to clean up the home?

    I have several issues with my neighbor, and his landlord for that matter. I purchased my home and renovated a couple of years ago. The neighborhood is transitioning and there are a lot of renovations going on at the time. However, the home nex...

    Regan’s Answer

    Mr. Love is correct. If there is criminal activity, report it to the police. Otherwise, contact your local code enforcement and they can issue citations for any violations. If there are some egregious things your neighbor is doing, then it may be worth talking to a local attorney to see if there is anything else you can do.

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  • I have mold in my apartment brought on by the sewer system in the apartment complex I live. Can I legally terminate the lease?

    The toilet has overflowed numerous times in the 2 years I have lived in the apartment complex. It has caused mold in my bathroom. The overflow is just outside my door which smells rancid. The property manager keeps saysing they will fix the pr...

    Regan’s Answer

    Mr. Love is correct in his response. Not that it can't be done, but it may be difficult to terminate your lease. Another option is to see if your landlord will voluntarily let you out of the lease if you are unhappy, but they may refuse and you will be left fighting it out in court. An experienced attorney in your area would be fully explain your options and how best to proceed.

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  • If you have lived in a home for 40 years can you be evicted in 15 days with just a hand delivered letter?

    And never had to pay rent

    Regan’s Answer

    The other attorneys are correct. However, it sounds like more information is needed and you would be wise to consult with an attorney to discuss all the facts of your situation.

    Generally speaking, if you are living in a residence, even without a written lease, the owner of the property must comply with the legal requirements for asking you to leave. The amount of notice would depend on whether you are considered to have a year to year, month to month, or week to week lease. Once the owner gave you the required notice, they would have to go through the court to get an "eviction" requiring the tenant to leave.

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  • My house i rent is mold infested,, no heat, the water heater is rusted high water bill,h vac needs repair,duct work on ground

    the house wiring is unsafe told it could cause a fire ,, pluming is backwards all this is in report from home inspector have pics, but the landlord says that there is nothing wrong and the small amount of mold is safe,, what are my rights foun...

    Regan’s Answer

    Mr. Love is correct. You need to consult with a landlord/tenant attorney. You have raised several concerning issues, but you would need to discuss all the specifics with an experienced attorney to determine your rights and the landlord's obligations in this situation.

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  • Can the court force my ex-boyfriend's wife to pay me child support?

    My ex-boyfriend who is now married isn't paying his court ordered child support. Can I go after his wife for the child support he owes or am I stuck having child support chase him down.

    Regan’s Answer

    The other two attorneys are correct. You can not go after your ex-boyfriend's wife for the child support. However, if he is not paying pursuant to court order, and your local child support enforcement agency has intervened in the case (i.e. is handling the child support), you can contact them and ask that they file a "motion to show cause" against him and he will have to answer to the court. If your local child support enforcement agency is not involved, then you can consult with a local family attorney to discuss your options for taking your ex-boyfriend to court for violation of the order.

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  • What exactly does Child Support cover in NC? Should my ex be providing me with more than she is currently?

    I pay my ex Child Support every month, however she now tells me that I need to buy her food myself when she is with me, as well as clothes and diapers. We have it in our agreement that she pays for education costs 100%, and her company pays 100% o...

    Regan’s Answer

    In NC, Child Support is generally paid pursuant to a court order or separation agreement. Review of the order or separation agreement by a qualified attorney should provide an answer to your question. The amount of child support to be paid by the non-custodial parent is generally calculated pursuant to the NC Child Support Guidelines, and this would determine the amount that you would have to pay. If you have questions about whether you are paying the correct amount, it would probably be worth your while to consult with an experienced family law attorney in your area.

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  • Septic tank repair in NC.

    Hello, I am renting a house. About a month or so ago I noticed my septic tank was overflowing. I immediately called the landlord to rectify this problem, he sent someone over to pump the tank. Everything was fine for about 2 days, until I noticed ...

    Regan’s Answer

    Your landlord is required to provide a fit and habitable place for your to live. You on the other hand are required to pay rent. If your landlord is breaching his/her duty to provide a habitable place for you to live, he/she is in breach of the lease. This would include providing functioning septic. You can again ask that repairs be made, or contact the county code enforcement and ask that they inspect your property to see if it is violation of minimum housing codes. Your landlord will then be given an opportunity to may any necessary repairs. An experienced landlord tenant attorney would be able to assist you with your difficult situation.

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  • My heat was broken for 6 days. My landlord refused to call in a heating company. Can I withhold rent?

    The landlord kept sending out their maintenance men who were clueless. They finally sent in a heating company after 6 days. I asked them could they take something off my rent due to the inconvience of not having heat when the temperature was freez...

    Regan’s Answer

    • Selected as best answer

    You cannot withhold rent in NC. However, you can ask for what is called "rent abatement" which is the loss in value of your residence due to the heat not working. If you were unable to stay at your place because the head didn't work, and you had to rent a hotel room, then you could ask for reimbursement for this actual expense from your landlord. If they refused, you could take them to small claims court. If you don't have any actual damages, then it may be difficult to prevail in court. However, it never hurts to ask, and if you do have damages, you can make it clear to your landlord that you will ask for damages if they don't compensate you. An experienced landlord/tenant attorney should be able to help you with your situation. Good luck.

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  • Is it legal to set my own house on fire?

    Is it legal to set my own house on fire?

    Regan’s Answer

    No. It is illegal.

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