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Fred B. Amos II

Fred Amos’s Answers

991 total


  • Can a separation agreement in NC be challenged after signature of both parties?

    Can a separation agreement in NC be challenged after signature of both parties? We are not divorced yet. I signed the agreement without weighing all options and the separation agreement financially favors my husband and our property was not equi...

    Fred’s Answer

    Your separation agreement is a contract. You have few options for challenging the validity of a contract. Typical challenges involve fraud, misrepresentation, and duress. You would need to prove that your husband forced you to agree, or otherwise committed fraud by doing something such as lying about his assets, etc. You must have freely given your consent to enter into the agreement. Getting the raw end of the bargain and not liking it is not a winning argument however. If you believe your husband did not act in good faith perhaps it would be worth it to you to consult with an attorney to go over the specific facts and determine if you have a claim. Good luck to you.

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  • Can I file a Restraining Order against this man in order for him not to contact my step-daughter anymore by any means?

    My 15 year old step-daughter received a text message from the father (an adult) of a former friend of her's calling her a who*e and other inappropriate things. I believe this started because she rejected the man's son's interest in her. This is n...

    Fred’s Answer

    The key to your question is that the actions of the father were "inappropriate." Inappropriate does not necessarily equal unlawful. In order to obtain a civil no contact order under North Carolina law, the action in question would need to be found to be unlawful. For example, if the dad was sending an inordinate number of text messages to your step daughter, it could be found to be harassment. As you state this is your step daughter, I believe the proper first step would be for the girl's father to contact this person and have a little chat. If the texts continued after that you may have more sufficient grounds to obtain a restraining order.

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  • If you were voluntarily taken off child support and you continued to pay until the child was eighteen can a new case be opened.

    Was taken off child support by mother has been paying monthly since child is now 18 mother wants to open a new case.

    Fred’s Answer

    First, mom can file for child support if she wishes. The look-back period is three years. However, if you have continued to pay child support all these years, and you have records and can substantiate these payments, you will be given credit for what you have paid. For example, let's assume mom files a new claim and you are ordered to pay $250 per month going back three years, for a total of $9000.00. Then, let's say you have been paying mom $200 per month for at least the past three years, for a total of $7200. You would only owe mom $1800. Of course, if it turns out that you have paid more than your new obligation you will not owe anything. Just be prepared to prove what you have paid over the years. Good luck.

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  • Can I sue my husband and his mistress even though he doesn't have a job right now will I get any money? Can I sue his mistress?

    My husband walked out on me and his 3 children January 2015. We was separated with no contact for 6 months. Then I decided to let him come back, we was together 2 months that's when I found out he was cheating. I made him leave in October 2015 and...

    Fred’s Answer

    First, can you sue your husband? Absolutely. You may have multiple claims against your husband, such as post separation support, alimony, equitable distribution, child custody and child support. While his cheating on you may be a factor in some of your claims, there is no separate claim you can bring against your husband for cheating. If you have not already done so, you should consult with an attorney to determine what rights and causes of action you have. If money is tight you should at least go to Child Support Enforcement and file for child support.

    Second, you have two potential claims against your husband's girlfriend, or whatever their relationship may be. In North Carolina, there is a claim for alienation of affections and a claim for criminal conversation. Whether or not you would actually succeed on either of these claims depends on the specific facts of your case, such as the order in which certain things happened and whether or not you were already separated when these things did occur. However, in all likelihood you have no real chance of getting any money even if you did successfully bring either of these claims against this third person. If she happens to be independently wealthy, then by all means go for it. However, I suspect this course of action would be a waste of your time and money. If you want to pursue it further you need to have a sit-down with a family law attorney that handles these types of actions.

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  • Wife files child support out of spite now she knows husband is not coming back. Wife does not use her real address only a friend

    After 2x suicide attempts, wife leaves me and takes kids with her in 2010. Wife does not allow kids to contact father on regular basis, nor holidays. Father remains in JPmorgan home 3 months under foreclosure process. Wife is seen with another ...

    Fred’s Answer

    • Selected as best answer

    As the parents of the children, both you and the mother are primarily responsible for the support of the minor children. Whether she allows you to see the children or otherwise have contact with them is more relevant to an action for child custody. As for child support, the amount you will be required to pay, if any, will be determined under North Carolina's Child Support Guidelines. Be prepared to provide proof of your income from all sources, if any. You can put on evidence with respect to your ability or lack of ability to pay child support. Good luck to you.

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  • Since I haven't technically been served with the custody petition, am I obligated to attend the orientation?

    My ex and i have been divorced for a year and now he's trying file for custody of the children. Apparently, he's filed the petition but I haven't officially been "served". All I know of the petition is a screenshot of it that he sent to me throu...

    Fred’s Answer

    When someone files a child custody action in Wake County, there is a mandatory child custody mediation. As part of the initial filing, the Plaintiff is required to file an Order to Attend Custody/Vistiation Orientation (Form WAKE-DOM-07). As an order of the court, this form must be served pursuant to Rule 5 of the North Carolina Rules of Civil Procedure. As you are not represented by an attorney, he could serve you by physically handing you a copy of the order to attend or by mailing the order to you via regular first class mail. As he has not done so, you have not been properly served. Therefore you are not yet under jurisdiction of the court. I would suggest you call the family court in Wake County and let them know that you have not been served and will not be attending. A link to the website is below. Good luck.

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  • Husband demands 50-50 children. Can he refuse paying child support when he earns 2x (and more) in wages than me?

    NC, Wake County- We will be married just short of 10 years when divorce will be final in 2017. We are currently still living together. Husband earns 2x amount of my wage, he wants to give me 50-50 children, 50-50 net worth of our house and car (...

    Fred’s Answer

    You have multiple issues going on here. First, the split of the property, i.e. assets and debts, falls under Equitable Distribution. By statute Judges start with the presumption that all marital assets and marital debts will be divided 50/50. It is up to the parties to prove whether they may deserve a greater than 50% share of assets. There are also issues with respect to child custody and child support. Child custody is decided based on the best interests of the child. Child support is determined by using the North Carolina Child Support Guidelines. There are calculators available online to help you determine what ballpark child support would fall in. Factors include custody, i.e. which party has how many overnights with the children, incomes of the respective parties, health insurance costs for the children, work-related child care costs, and any other extraordinary expenses incurred on behalf of the children. However, if your husband makes twice what you make, even in a 50/50 custodial arrangement he is likely to be required to pay you some amount of child support. Post separation support and alimony are monies paid by a supporting spouse to a dependent spouse. If you are able to prove you are a dependent spouse, then it is highly likely your husband would be required to pay you some amount of PSS and alimony. You may also be entitled to an award of attorney's fees for having to bring these claims. You need to speak with an attorney. Otherwise, it sounds as if you will be taken advantage of. At a minimum you can pay $25 to Child Support Enforcement to handle the child support claim for you.

    As for selling the house, while that would likely be a good idea (assuming you two do in fact separate), you would have very strong arguments that husband should pay the cost of repairs, etc. Assuming any money comes out of the sale, if need be, he could be reimbursed at closing.

    Finally, you mention that you will have been married just shy of ten years at some point in 2017. It would be in your best interests to not, I repeat NOT, have your divorce finalized until you have actually been married for ten years. The reason is that once you have been married for ten years you become eligible to receive social security benefits (upon retirement) based on your husband's income, not yours. If your husband does indeed make twice what you make the difference could be significant. Good luck to you.

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  • I want to get married with my boyfriend but he is an illegal immigrant. Can we still get married?

    I have been wondering if it is even possible to get married to my current boyfriend, even though he is an illegal. I've been looking at the wake county register of deeds website and the things that I need are: 60$, 2 witnesses and proof of ID and ...

    Fred’s Answer

    In order to obtain a marriage license in Wake County, NC, it is true that both parties must typically show verification of their social security numbers. However, if a party is not eligible for a social security number that person can complete an affidavit attesting to the fact that they are ineligible. There is still an identification requirement. Proper forms of ID are a valid driver license, state-issued ID card, valid passport, valid military ID, or a certified copy of a birth certificate. Unfortunately, it is unlikely that your fiance can provide any of these acceptable forms of identification.

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  • I would like to know if I will be forced to testify against my husband in a domestic violence case when I am the victim?

    Invoking spousal privilege in NC?

    Fred’s Answer

    In a criminal case for assault on a female, the answer is no. You have spousal privilege in criminal matters and cannot be forced to testify against your husband. However, if you are seeking a Domestic Violence Protective Order (DVPO) against your husband through DV court, you will need to provide evidence to the court in order to show the order is warranted. Thus, you would need to testify. If you need assistance contact Legal Aid. They have lawyers that can help you. I provided a link to their website below.

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  • Do I need his signature when selling the home?

    I am selling a home I solely own. My husband and I are separated and I owned the home before him. Do I need his signature when selling the home?

    Fred’s Answer

    This is a two part question that covers the juxtaposition of real estate law and family law. As for real estate law, if your name is the only name on the deed, you are the sole owner and do not need your husband's signature, or anyone else's for that matter, to transfer title to the home. Caveat: If your husband files for equitable distribution prior to any sale he could file a lis pendens (notice of pending action) on the property and prevent any sale.

    As for family law, your husband may have a marital interest in the property that would entitle him to some portion of the equity in the home. How much would depend on how much principal was paid down during the marriage. Another factor would be whether he put any extra money in the home or did extra work to the home, etc. The point is that even if you sell the home you may have to account for and pay your husband some portion of the proceeds. It is fact dependent.

    To sum it up, sell your house if you can, just be prepared to account for the money and have some available to pay your husband if necessary. A family law attorney can help you determine if your husband does in fact have a marital interest (which is likely) and determine, roughly, what his share might be. Good luck.

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