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Fred B. Amos II

Fred Amos’s Answers

991 total


  • How do I go about dealing with my ex on this? He violated our agreement within months and now 4 yrs later he wants to persue?!?!

    I have a separation agreement from 2011. My ex breached numerous aspects this contract within only few months. We both signed and had it notarized by his aunt (we only kept copies for ourselves, never filed with the courts). When I filed for a div...

    Fred’s Answer

    As your separation agreement was not incorporated into your divorce decree, this is really a breach of contract question rather than a family law question. In any event, whether the contract can be voided depends on the breach. There are more than a few types of breach of contract, including a minor breach, a material breach, a fundamental breach, and an anticipatory breach. Without knowing what he did, or rather did not not, it is impossible to tell you what type of breach, if any, you have. However, he would need to have committed a fundamental breach of contract to give you grounds to sue to void the contract altogether. If it is only a minor breach, you can sue for actual damages. If it is a material breach, you can typically sue for performance of the terms of the agreement. There is also the issue that you have waited so many years to do anything. You need to take your separation agreement to a lawyer and discuss the details to see what, if any, recourse you have. Good luck to you.

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  • Who legally can claim the child for tax purposes? Is she allowed to move out of state without written permission?

    My girlfriend and I split up. We have 1 child together. She moved out at the end of October last year moving my daughter out of state. I made more money than she did last year and financially provided for both of them.

    Fred’s Answer

    According to the Internal Revenue Code, the parent with whom the child actually lives is entitled to the tax deduction. However, many couples negotiate the tax deduction, such as each parent taking the deduction in alternate years, when deciding on a custody schedule.

    Without a court order in place, she can move wherever she likes with the child. She does not need your permission, written or otherwise. However, I can tell you that a judge would not be too pleased if she is not making the child available to you. If you want custody or visitation of some kind, then you need to file for custody. Child custody determinations are based on the best interests of the child. You're dad, and the child deserves to see you. Good luck to you.

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  • Dss took emergency custody of my kids after I power washed them

    it was just a form of parental discipline they are also concerned about the lack of furniture at my house how do I appeal the emergency custody order?

    Fred’s Answer

    You do not need to appeal so much as you need to do damage control. You need help, so ask for help. First, power washing your children as a form of discipline is not in keeping with current social norms, i.e. you simply cannot do that. I am a big proponent of being proactive. You want a judge to side with you, then take the steps to make it happen. First, you should voluntarily enroll in parenting classes. I already know what you're thinking, i.e. "I don't need anybody telling me how to raise my kids." Trust me, I get it. But that's not the point. The point is to take the necessary steps to show the judge you are prepared to do whatever it takes to keep your kids. We all have times in our lives when we have to swallow our pride and just get things done. This is one of those times for you. Get help.

    As for the furniture, it's not really about furniture. It's about stability. It's about your ability to provide safe and healthy living conditions for your children. Why don't you have furniture? It is not normal to not have furniture. If there are extenuating circumstances, that's fine, but be prepared to explain. And have a plan. Be prepared to show the court how you plan to fix the problem.

    I don't know your full situation, so I cannot point you to any specific resources, but I urge you to speak to someone. A good place to start would be a place like Triangle Family Services. I will post a link to their website below. Good luck to you.

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  • How do i obtain custody of my son without court?

    Wanting custody of my son. Dad has paid child support every month since birth (5 years ago), but has nothing to do with him. Dad lives in SD. I am in NC. Dad has never kept him overnight or had visitation. Does not call my son or have anything els...

    Fred’s Answer

    Sounds like you have custody. So, what is your goal? You may not have a court order, but you have physical custody of your child. You know dad, I don't, but do you want to rock the boat? If things are working, why try to change it? However, if you believe dad will be cooperative, you may be able to get him to agree to sign a consent order. You would need to file a "friendly" complaint for child custody, then you and dad could execute a consent order and file it with the court. However, you should think long and hard before you upset the apple cart.

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  • Can I get physical custody back? my son has seen me more consecutively than his Dad since Order was put in place 7 years ago.

    7 1/2 years ago .. I was in a treatment center volunteerly for help with drug addiction.. I'm still clean 7 years now ..my son's dad wanted custody.. I agreed at the time so we didn't have to go to court that he would have physical custody and we ...

    Fred’s Answer

    I agree with the previous answer with respect to filing for a modification of the current custody order. I also agree that you should not have an issue showing a substantial change in circumstances. However, you have an issue in that you have allowed this to go on for 5 1/2 years. There is now a very real possibility that grandma has standing to intervene and show that she has developed a substantial relationship with the child. So, you may very well end up fighting grandma. Good luck to you.

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  • I can't afford a ton for a lawyer, what do I do?

    I am having trouble with my husband, we have been split for 7 months, he doesn't pay child support, and doesn't help with insurance or daycare. Everytime my child is with his dad he comes back hurt, I understand he is a child and accidents happen ...

    Fred’s Answer

    Many people have to be forced to do what most of us would do because it is simply the right thing to do. You have to take control of the situation and file for child custody and child support. Tackle the easier task first. I have included a link for Child Support Enforcement in Chatham County for you below. It will only cost you $25.00 to start a child support case against your husband. You can get prospective child support, which is support from the date of filing forward, as well as retroactive child support, which is child support going back to the date of separation. Do this immediately.

    Child custody is a little more complicated, but you need to file a claim for child custody. Without an order in place, the father could simply take your son and not give him back. Try your best to hire an attorney, but if you simply cannot look for a self-help service to help you with the paperwork. Once you file for child custody there will be a mandatory mediation. You need to take advantage of the mediation and try to resolve custody. This will be much less expensive, and faster, than going to trial. Good luck to you.

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  • Are there pro bono lawyers for victims in DV cases in wake county?

    My husband was charged with assault on a female. I am stated as the victim. Everything I have is in his name and without him I literally have nothing.. My phone and email are both accessible for him. I was told I needed my own lawyer. Are there an...

    Fred’s Answer

    Contact Legal Aid of NC's Raleigh office. They provide assistance to victims of domestic violence. As mentioned in an earlier answer, the DA's office will handle the criminal case. However, you need your own attorney in Domestic Violence court. Legal Aid attorneys are in DV court everyday helping victims of domestic violence obtain domestic violence protective orders. I posted a link to their website below. Please give them a call.

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  • Can I use a different attorney if I loose my case for an immediate appeal

    I was charge with a dwi back in august, there was no video and I was said to be impeding traffic on the hwy travelling 45 miles per hour where it is legal to do so. I blew 1.7. I am dispiuting an illegal stop. Fruit from a poisonous tree. it seems...

    Fred’s Answer

    I agree with the other responses that you can hire a different attorney for your appeal. However, I have a question for you. You state that you were travelling on a highway at 45 mph where it is legal to do so. What was the posted speed limit? If the speed limit was 55 mph, perhaps you can argue your speed was reasonable under whatever the conditions were at the time. However, if the posted speed limit was 65 or 70 mph, I believe you will be unsuccessful arguing that the stop was illegal as you could reasonably be considered a hazard for travelling at such a slow speed on the highway. Just depends. Good luck to you.

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  • When child support stops on the 18 yr. old, will the Court automatically reevaluate the amount of support for the 15 year old?

    I have 2 daughters. One will turn 18 years old in May 2016 and graduate from high school in June 2016. The second daughter is 15 years old. I pay child support for both daughters.

    Fred’s Answer

    The short answer is no. You will need to file a motion to modify your child support for the younger daughter to have your payment reduced. When I write child support orders for multiple children, I typically write in the date that child support will terminate for the eldest child, such as their 18th birthday or graduation date, and then also include what the new child support amount for the younger child will be thereafter. However, if you do not have any such clause in your current child support order, you will need to proceed with a motion to modify your child support obligation. Good luck to you.

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  • How do I do this? Do I need an attorney or can I do it myself? What is the form number?

    My daughter graduates and turns 18 years old in May 2016. I need to file A Motion to Terminate Child Support in Wake County.

    Fred’s Answer

    I disagree that you need to file a motion to terminate your child support obligation in this situation. By NC statute, your child support obligation automatically terminates upon the child attaining the age of 18 or upon graduation, whichever occurs later. See NCGS 50-13.4(c). More specifically, "In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20." Note the part that says, "without order by the court."

    So, if your daughter turns 18 and graduates in the same month, make your final payment that month and be done with it. It will be up to mom to fight it if she so chooses. Regardless, that would be a losing battle.

    The only caveat is if you have any arrearages. If you owe any back child support payments, you must keep paying whatever amount you are paying under the order until the arrearages have been paid in full. Then, once the arrearages are paid, you would need to file a motion to terminate. Good luck to you.

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