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Fred B. Amos II

Fred Amos’s Answers

998 total


  • Can a judge include the cost of private volleyball as an extraordinary expense in the calculation of child support in NC?

    In recent hearing for modification of child support, the judge calculated the new support using Worksheet A but included the cost of private volleyball lessons as a reimbursable item? The children already participate in public school volleyball. ...

    Fred’s Answer

    Yes, generally speaking private volleyball expenses can be a legitimate extraordinary expense for the purposes of child support. Whether or not the expense should be included depends on all of the facts of your particular case. If there is a history of the children participating in this activity then it is probably legitimate. However, if one parent simply decided on their own one day to put the children in private lessons without ever discussing it with the other parent, then I would take issue with the expense. Child support is complicated and judges have a lot of discretion, so if the judge thought it was reasonable to include the expense in the child support calculation it will have to be paid.

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  • Is this considered an asset? If so, when did it become an asset? Is it an asset in process or once processed?

    I have a small tax refund coming to me. However, it is going to be intercepted by child support for a small amount owed. It hasn't even been processed yet and it will not ever touch my hands.

    Fred’s Answer

    Perhaps you could clarify the point of your question. Are you questioning whether or not your tax refund can be intercepted to pay back child support? If so, the answer is yes. However, if you are asking whether said refund is an asset for some other reason not related to child support, then I would say no as that refund will go to pay back child support before any other creditors can lay claim to it.

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  • What is the easiest, fastest and most affordable divorce laws in Norht Caroloina?

    Lived together for about 6 years, got married and with in the first year spouse left. Address unknown. Have no communication, and have not for at least 3 years. Residence still unknown, but have heard that she has had a child. ( not mine, of cours...

    Fred’s Answer

    You will have to make some effort to locate her and have her served with the divorce papers. If she is unable to be located you can serve her by publication. We are not permitted to quote fees in answers, so you will need to call a few divorce attorneys to get an idea as to what it will cost. Good luck.

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  • What are my rights as a spouse concerning not selling our home?

    Home purchased in 1994 by my husband and his ex-wife. They divorced in 2010 and he stayed there with the children. A written agreement that he would refi within 60 days and she would release claim of any equity. He had filed bankruptcy because ...

    Fred’s Answer

    I agree with Ms. Haas and would add that while your husband's ex-wife is likely entitled to some portion of the equity in the house, it may not be half of the current amount of equity. She may only be entitled to her half of the equity four or so years ago. It is also possible that there is no provision in the agreement requiring your husband to sell. It would be well worth it for your husband to consult with an attorney to review the agreement and determine exactly what his obligation is regarding the home and how much he might owe his ex out of the home. Good luck to you.

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  • How do I write a petition for legitimation?

    I am married to the mother of my (18 mnth old) son's Mother. At the time of his birth, his mother was married and seperated to her ex husband. He is legally his father in the state of north carolina. We cannot afford an attorney at the time. All p...

    Fred’s Answer

    While you can probably handle most of the legitimation process yourself with the help of the Clerk, there is no form for the petition. I would strongly encourage you to hire an attorney to at least draft your petition, then you can take it from there. Good luck to you.

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  • How is child support determined?

    My ex-husband just filed for child custody against me for our 2 kids and is saying that since my mother and I live together, he plans to subpoena her to show that her income and the fact that we share a household together offsets my expenses. I fi...

    Fred’s Answer

    The amount and scope of a parent's legal obligation to support his or her minor child under G.S. Ch. 50 depends primarily on the child's reasonable needs related to health, education, and maintenance, e.g. shelter, food, clothing, child care, transportation, etc., along with the relative ability of the parent to provide support. In determining the amount of support, he court must apply the child support guidelines unless that amount would exceed or not meet the reasonable needs of the child considering the relative ability of each parent to provide support or would otherwise be unjust or inappropriate.

    Child support set pursuant to the guidelines is conclusively presumed to meet the reasonable needs of the child considering the relative ability of each parent to provide support. Thus, specific findings regarding a child's reasonable needs or the relative ability of each parent to provide support are not required.

    Factors considered under the child support guidelines are the income of the respective parties, work related child care costs, and health care costs. He can get credit for child support he pays for other children. However, he does not get a reduction in his child support obligation simply because you live with your mother.

    He can of course file for child custody as is his right. However, you and he already have a 50/50 custodial arrangement. He is unlikely to get better than that. It is not uncommon for one parent to pay child support even when custody is shared 50/50 when there is a large discrepancy in incomes. In any event, you do need to take steps to defend yourself in the custody action.

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  • Does it matter that he is our sole provider, and we have two babies in diapers, one on formula? We have to eat and pay bills too

    Husbands ex wife is trying to get more child support for my 13 y/o step daughter. My husband is our sole provider for our family, as I am a SAHM to our 18 month old and 5 month old. My husband already works 1 full time, and 3 part time jobs to mak...

    Fred’s Answer

    It certainly matters that your husband has two babies to care for. He gets credit for two dependents on the child support worksheet. He can also get credit for the health insurance and for any work related child care expenses. As for your husband's ex-wife, while her income is a factor, her new husband's income is not as he is not a party to the matter and has no responsibility for the child.

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  • What are all the Wake County North Carolina child support forms I need? See the situation section.

    I need to know which forms I need to file to setup an initial a child support action through the courts and have child support established through a court order to override the existing child support established through a non-incorporated separati...

    Fred’s Answer

    Your best course of action is to contact Child Support Enforcement Services in Wake County. http://www.ncchildsupport.com/index.jsp

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  • Can the mediator be subpoenaed to testify about my ex's behavior and inability to maintain composure?

    During custody mediation with my ex she displayed her typical behavior of shouting, crying and leaning over the table putting her finger in my face. We now have a court date and she is alleging that I am the one who is hostile.

    Fred’s Answer

    As stated in the previous answers, you may not subpoena the mediator. I practice in Wake County and feel confident your mediation agreement included a clause explaining that the mediator cannot be subpoenaed for your child custody trial.

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  • Modification to custody will we have same judge as the one that ruled over care

    I have sole legal and physical custody of my daughter. If my ex takes me back to court to modify will we have the same judge that made the first ruling ? Is there every a time we would not have the same judge, as long as he is still serving in the...

    Fred’s Answer

    Yes, here in Wake County (typically), once you are assigned your family court judge, that is your judge throughout your case. Of course, if the judge retires, falls ill, etc., you could get a new judge. There are also some times when a judge must recuse him or herself from a case. Nevertheless, typically you have the same family court judge from start to finish.

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