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Amanda Bowden Houser
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Amanda Houser’s Answers

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  • Is there any way Jeremy's father and/or I can sue Jeremy's mom and/or sister for the things that have been posted on Facebook.

    My stepson, Jeremy, passed away on May 25, 2014. His father and I are still married and have been for 12 years. Jeremy's mom and sister posted terrible things about his father and I all over Facebook. Things that are needless to say hurtful and em...

    Amanda’s Answer

    IF the statements are untrue and meet some other requirements, you and / or the father may have a case for libel. However, usually only people who are completely broke run their mouths reckless like because they essentially have nothing to lose. If that is the case here, suing them would amount to you spending likely a huge pile of money to get a judgment that has about the same worth as toilet paper and then they would just get on FaceBook and laugh at you about that too. However, if they do have assets that aren't exempt and are worth going after, by all means - slap 'em in the wallet! Best of luck!

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  • Is this grounds for an immediate divorce, what can I do?

    I just found out my wife is in a texting sexual relationship with someone online. I don't think it's physical yet, but I managed to get a hold of her texts to the other guy and they are sexting and sending each other naked pictures of themselves t...

    Amanda’s Answer

    Not only is there no such thing as an 'immediate divorce', there is also no such thing as 'grounds' for a divorce in North Carolina. NC is a no fault state, meaning if you meet the eligibility requirements (which you likely do not) of one year of physical separation and at least one of you residing in NC for the 6 months immediately preceding filing then you are entitled to a divorce as a matter of law. However, based on your description, you do have grounds to kick her to the proverbial curb and move on with your life. If your interested in doing that consult with a local family law attorney about the best way to go about it.

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  • Do I need equitable distribution and do I have to file for equitable distribution separately?

    I want to get a divorce and I know I can request equitable distribution from the court. If I reserve that right in my divorce complaint, do I still have to file a separate action for equitable distribution? Also there is no marital property to div...

    Amanda’s Answer

    The short answer is you need an attorney. If you are planning to do this yourself, it would be like trying to rebuild your transmission with duct tape and a screw driver all while not being a mechanic. You can't 'reserve' the right to equitable distribution in the divorce complaint. It is very likely that if your divorce goes through without properly bringing up equitable distribution or preserving it in the judgment then you may lose the ability to bring it up later. Besides based on your description of the situation, you will likely spend way more to DIY than to just hire a local attorney. Best of luck.

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  • It's Unfair and I want to know if I can have that erased or reduced?

    My 17 year old son (since January, 2016) and his Mother currently reside in Charlotte, North Carolina. I made my child support payments, uninterruptedly, until December, 24th 2013 when I was summarily dismissed from my employment (I have the Termi...

    Amanda’s Answer

    I don't see the unfairness here. Your child doesn't stop needing things nor does your obligation to contribute to those things get tolled because it took you almost two years to find a job after being summarily dismissed (fired) for what likely amounted to some sort of misconduct (unemployment generally doesn't get stopped unless an employer demonstrates the employee who was summarily dismissed was fired for misconduct). So while it does suck quite a bit to be stuck with a $14,000 child support bill - it is definitely not unfair.

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  • Can this ticket be dismissed? Thrown out?

    My son got a speeding ticket on his way rushing his brother to the Greenville, nc emergency room. He was pulled by a state trooper. His ticket states operate a motor vehicle on a street or highway at speed of 70 mph. He was pulled at the vicinity ...

    Amanda’s Answer

    Can it be dismissed? Sure. Is it likely to be dismissed or even should it be dismissed - no. Speeding is a non-intent infraction / crime. It doesn't matter what your reason was or even that you knew you were doing it - all that matters is whether you were or were not going faster than the speed limit. The good news is that if the ticket doesn't get dismissed, the next best thing likely won't be too expensive or cause license points or an insurance increase. If you son's address is correct on his license, you will soon be getting a ton of solicitation letters from traffic attorney's - just pick the cheapest one and go with that. You don't need F. Lee Bailey for a traffic ticket so paying more is basically just wasting money. Best of luck!

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  • How much is a divorce

    In a messy marriage want to keep options open

    Amanda’s Answer

    A divorce is simply dissolving a marriage. If all you need is a divorce, Mr. Boyer's answer is 100% completely inapplicable and the answer to your question is $395. If you need the other things that people tend to lump in with a divorce such as child custody, support, property division etc, then Mr. Boyer's answer might be applicable from an old school approach, assuming you and your spouse are hell bent on fighting each other and enjoy the prospect of paying strangers 'widely varying fees' to decide things for you instead of simply fairly resolving everything yourselves for free or through a reasonable $250 flat rate separation / property settlement agreement.

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  • What can I do to avoid this click lawsuit against I no longer have dealing with him.

    I messed around with this guy back in 2012 we only been together twice.Since then he has divorce his wife and move out and now his ex-wife gas file a clivi lawsuit against me saying I broke up their happy home.I have not had any dealing with him s...

    Amanda’s Answer

    Depending on your financial status - you may not need to do anything. If you don't have significant assets beyond what is exempt you may be what is known as judgment proof. If so, even if the former wife is successful in getting a judgment against you, she won't be able to collect against you and her judgment will have about the same worth as toilet paper. While she may have the satisfaction of effecting your credit, you likely won't care if you are judgement proof and you'll have the satisfaction of knowing it likely cost her a pile to get her worthless judgment. If you do have significant assets - hire an attorney.

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  • Can I sue to fix my car and for diminished value?

    I went in to a restaurant to pick up food for take out. My girlfriend was sitting in the car when she heard a loud noise and the car shook. She got out to look and saw that a kid flung his car door into my brand new car (not even a week old). He r...

    Amanda’s Answer

    Except for the 'at fault' part the other guy may be right. Because it appears you chose to be nice and trusting of your fellow man to do the right thing - you are likely going to get screwed. Next time call police and get a report so that you can avoid problems like this. Of course you can sue him but you are going to need to figure out his address and a whole host of other things, likely all on your own because it likely won't be cost effective to hire an attorney over $800. Best of luck to you!

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  • Can I fight my .11 BAC DUI on the basis of low-carb/high protein diet.

    Hello everyone, I got pulled over by cop driving over the speed limit and I ended up blowing .11 BAC later at the station. I had couple of beer 20-30 minute before I got pulled over. I was going to get some food. I got nervous and made all the m...

    Amanda’s Answer

    A low carb diet can affect breath test results but good luck getting an ADA or a jury to buy that story. Besides, in North Carolina, the breath test result being.08 or higher is just one way the State can prove you were driving while impaired. Even if you are successful in having the breath test result suppressed, The State will possibly maybe even likely still be able to convict you by showing evidence that you were appreciably (noticeably) impaired through the office's testimony as to you speech, performance on field sobriety tests, other example of your physical coordination and usually most damaging of all your own statements. Your best bet is to hire an experienced DWI attorney ASAP - some aspects of a DWI case are time sensitive.

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  • What happens if CPS comes to your home?

    I just found out from someone that there may have been a CPS complain made against me. What exactly should I expect if it is true and they decide to do a home visit? If they decide for some reason to remove my children how does that work? Can I ca...

    Amanda’s Answer

    What happens if CPS comes to your home? Depends on if they have a Court Order or not. If they have a Court Order - lots of bad things are likely to happen and you likely won't have much choice about it. If they don't have a Court Order. Simply tell them to go away. Either way, don't say anything to them. You will be tempted to discuss things with them as they are slick like cops, they will tell you how they are there to help and how if you just explain whats going on they will be able to help you - yeah, that's all BS - they are investigating and when someone is investigating you, you are likely a fool to help them by answering questions or explaining 'your side of the story'. So your best bet in dealing with CPS is consult with a local attorney..

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