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Leslie Hall Amos
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Leslie Amos’s Answers

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  • Husband ordered to carrying me on health insurance he has FSA for family what I pay out in uninsured medical he has pocketed.

    He has accepted over $700.00 in reimbursements for my uninsured medical expenses under FSA in which I'm still eligible for under his plan being his spouse until date of divorce decree, March 2016. Is this considered fraud since he didn't actually...

    Leslie’s Answer

    I'm not entirely sure that he is doing anything wrong, as I understand it, a flex spending account is money taken from the employee's paycheck pre-tax for medical spending, so say he is removing $100 a month pre-tax for medical expenses. You are then supplying receipts that he uses to get this repayment of money, maybe it is a little untruthful, but it is still his money, just pre-tax money, not post-tax money which I guess amounts to a slight "windfall" to him but not a huge sum under most circumstances. As an aside, it sounds like you needed spousal support, although if you did not file a claim for post separation support or alimony before your divorce decree, those claims are waived.

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  • What can I do if my daughter wants to live with me

    My daughter will be 13 in November and she has always wanted to live with me but her father and stepmother will not hear of it. What can I do. We do have a temporary order where we have joint custody but father has primary custody which I'm sure t...

    Leslie’s Answer

    You would probably want to discuss your case with a family law attorney and if you do have a permanent order, then you would need to show that there is a substantial change in circumstances affecting the welfare of the child since the time that order was entered before the court will look to what is in the best interest of the child. If the court determines that your order is only temporary in nature, then the court would only look to what is in the best interest of the child. I know that that distinction may not be entirely clear to you, so it would be useful for a family law attorney to explain it to you and to discuss the specifics of your case so that you can determine the best way forward.

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  • I am unemployed and my husband is not giving me spousal support. What can I do?

    I was married for over a year. Unemployed and on a dependent visa and now my husband is not giving me appropriate spousal support. What can I do? I don't have money to pay attorney fees. either. Can he get away so easily or is there a way out to i...

    Leslie’s Answer

    It is unclear if you are still living in the same house or have moved out from the marital home. It may be difficult to hire an attorney to assist you if you cannot pay one, sometimes people borrow money from a relative or friend or use their credit card but that is all a personal decision and not a legal one. If you have moved out and are a dependent spouse in need of financial support from your husband and has the ability to pay you then you would probably need to file an action for post separation support and alimony as well as a claim for attorney fees. I would suggest consulting with an attorney in your area, and most family law attorneys charge a consultation fee that can range from $100 to $500. Best of luck to you!

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  • In Wake County, NC, what documentation is required to legally change the monthly child support amount?

    Our Consent Order specifies a monthly child support amount, but I need to reduce my child support payment due to a recent salary reduction. If we ask the court to determine a new child support amount, will the court just use the standard NC child...

    Leslie’s Answer

    You would need to file a motion to modify your child support obligation and prove that there has been a substantial change in circumstances warranting a reduction if you have a permanent child support order in place. It is important to file a modification as soon as there has been a substantial change in circumstances immediately since the reduced amount (if it is in fact reduced) would be retroactive to the date of filing rather than the date of the change. Typically in an initial determination of child support if based upon the guideline amount for child support the local rules require financial disclosure of past 3 months paystubs, tax returns and W2/documents reflecting income for the past 2 years, documents reflecting expenses for child care, health care, uninsured medical, extraordinary expenses, documents reflecting ownership of stock or stock options (see Rule 10 of the local rules for Wake County). Typically a financial affidavit is used when the parties are requesting that the court deviate from the guideline amounts for child support. I would recommend discussing your matter with an attorney to understand the laws and requirements related to modification of child support and have an attorney assist you in this process, even if you decide to enter into another consent order for child support. Best of Luck!

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  • I need to find a divorce attorney to file paperwork.

    My husband and I have been separated for the pass 10 years and we have a 13 year old son. My husband lives in Michigan and I live in North Carolina. We have no debt together or property. We have worked out custody, visitation, and child support. ...

    Leslie’s Answer

    If you want to try to do it yourself, you can go to the Clerk's Office on the first floor and ask for a divorce "pro se packet" and I think there is a small fee, but it also has instructions and as long as you follow them very carefully and go to the hearing, you should be able to do it yourself. If you don't want the hassle, most family law attorneys charge a reasonable flat fee to just do a divorce. One thing that I would suggest considering is having a court order as it relates to both child custody and child support if you do not already have one in place. This can also be relatively simple thing for an attorney to handle for you. Best of Luck!!

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  • My son is currently going through a temporary custody case right now. I need to get some information about his visits.

    In his temporary order, it was stated for him to give a 48 hr notice for days that he want to visit his son. If there is additional time request that also within 48 hrs. This is his weekend for overnight visits and he requested to take him back Su...

    Leslie’s Answer

    Based on the information that you have provided, it is difficult to understand what the Order actually says. For instance if there is a visitation schedule that says Dad shall have physical custody every other weekend from Friday at school pick up until Sunday at 6pm, however Dad shall give Mom at least 48 hours notice of his plan to exercise visitation, then I don't see that there would be a problem. However if it doesn't define his custodial time with the child then there could be an issue, and you should probably have his attorney read the order carefully and explain it to him. I am not sure why Dad would have ever agreed (if he did in fact agree) to a custodial arrangement that has no defined custodial time and sounds like it may be entirely dictated by Mom?? and he has to give 48 hours notice each time of his intent to exercise his visitation. I definitely think it would be worth while to review the order with his attorney and understand what his allocated custodial time is and to address any issues before the May hearing.

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  • Will a restraining order prevent me from having joint custody of the kids

    will a restraining order prevent me from having joint custody of the kids

    Leslie’s Answer

    If you are in a domestic violence situation, in which you are being abused, then please seek help for yourself and the protection of your children, and you may be able to obtain a domestic violence protective order to keep the person abusing you away from you and/or the children. I don't think that anyone needs to tell you that exposing children to domestic violence is not good, however, if you are experiencing violence, then you need to do something about it to stop it, for both yourself and your children. I would suggest speaking with an attorney to discuss all the facts of your case but just because you have a protective order in place against another person who was abusing you, that fact alone should not be detrimental to you obtaining joint custody of your children, the fact that you took action to stop the violence and fix the problem should be favorable to your case, it would be doing nothing and letting violence continue to occur in their presence that would potentially be the bigger issue.

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  • How long before court do I have to provide declaration to the judge? This is family court

    I am fighting pro se and I read it somewhere but cannot recall where? Also, I bring evidence to court and hand it to everyone is what I am assuming, please correct me if I'm wrong

    Leslie’s Answer

    • Selected as best answer

    I am not sure what you mean by declaration?? Maybe affidavit? There are some local rules for timelines for affidavits in certain types of cases, I would suggest reading the local family court rules for your county, the statutes pertaining to your legal matter, the NC Rules of Civil Procedure, and the Nc Rules of Evidence. As for your evidence, yes you may hand it to the other party and the judge but it will need to be properly entered before it will be in evidence.

    Best of luck and if it overwhelming, consider hiring a lawyer to help you.

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  • What court actions can I take towards my husband?

    We will be separated for 1year 4/8/15. I have emails regarding conversations with us agreeing for him to pay the monthly health insurance premiums while I paid OUR state tax debt. I received a call today from my Dr. Saying I do not have Tricare co...

    Leslie’s Answer

    First and foremost I would suggest that you schedule a consultation with a family law attorney asap. Unfortunately emails while they may be evidence of your agreement, they are likely not enforceable as an agreement, since agreements between a married couple need to be in writing and notarized. However, this doesn't mean that you are without recourse. Depending on your situation you may be able to obtain injunctive relief basically asking the court that he be ordered to maintain the insurance coverage until you can be heard on other marital claims.
    There are many questions that need to be answered, and you can discuss these in detail when you meet with an attorney. I am assuming that the children are also his children? Health insurance coverage for children is usually part of a child support order and you have been separated for almost a year, but don't have a child support order? You would also want to have a child custody order in place as well. As for the tax debt, that would be part of your property settlement (that settles both assets and debts during the marriage).

    Best of Luck!

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