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Leslie Hall Amos
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Leslie Amos’s Answers

230 total


  • Is there a dealine for the lawyer to file a motion of appearance to the court ? If it is, how many days from the court date?

    My ex has filed a motion to modify a custody order. The hearing is due on April 26th 2016. I hired a lawyer..

    Leslie’s Answer

    An attorney can file a notice of appearance at any time, there is no deadline.

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  • Can this attorney request the hearing date to be postponed? Will this attorney have to notify the court that he/she represents?

    My ex filed a motion to modify the child custody of a NC order. The hearing is due on the April 27th. Since I live out of state, I am planning to hire a family law attorney,.

    Leslie’s Answer

    If your case is in Johnston County and it is set for April 27th, then it has probably already been put on the Red or Blue Calendar, although if this was recently filed, that would seem unusual for it to be so quick. If you have just learned of this hearing and it is just over a week away, then you may be able to continue the hearing to allow you the opportunity to hire an attorney. The motion to continue will be in the judge's discretion although again if you have just learned of the hearing and need time to hire an attorney, she may be inclined to grant the continuance. In addition, your attorney may be able to speak with the attorney representing your ex and agree on a new court date and consent to the continuance.

    Best of Luck!

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  • Round number of 95K gross yearly income. What must I pay in maintenance & child support each month?.

    I'm a married male age 48 & my wife is 45. I am retired and do not work either does my wife. We are married 19.5 years and things have soured. I am aware that I will have to pay maintenance as well as paying for 2 out of 3 kids ages 9 and 14. The ...

    Leslie’s Answer

    NC has child support guideline amounts and while there may be circumstances to deviate up (due to the special needs or expenses of your children for example) it is less likely that the court would deviate down, at least in my experience, however as the other attorney mentioned, you may be able to enter into an agreement with your spouse regarding a reasonable amount. One of the most important pieces of information in determining child support is what the custodial relationship will be. Is Mom going to have primary custody? Are you going to share custody? In addition, the child support calculator factors in payments made for health insurance premiums as well as work related child care costs if any. I will provide you with the link below, but if it doesn't work, google "nc child support calculator" and click the link associated with nccourts.org and it will direct you to the web site where you can put your information in and get an idea of what your child support would be for your two children.

    With regards to paying support to your wife, there are no guidelines there and more information would be needed to give you an idea of what if any support you would need to pay to your wife and for how long. Probably the best thing to do would be to schedule an initial consultation with an attorney to talk through the details of your situation and see how they can help you.

    Best of Luck!!

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  • Can a judge order a psychiatric evaluation of a parent without any basis, proof of abuse or neglect, involvement of DSS, or any

    A judge terminated my parental rights in NC.

    Leslie’s Answer

    While you have provided very limited information and I would recommend at least consulting with an attorney. To answer your question--can a judge order a psychological evaluation of a parent, yes, he or she can when the mental or physical condition of the party (parent) is in controversy, the order may be made only on motion for good cause shown and upon notice to the person to be examined and to the parties and shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made.

    It sounds like you are suggesting that there wasn't "good cause shown" for the judge to order a psychological evaluation, and there simply are not enough facts here to really give you additional information. If you are a parent without mental issues that would impact the welfare of your child, then completing an evaluation should not be something that you need to fight.

    Best of Luck!

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  • If my spouse file for a divorce before me because they didnt want me to have my day in court and tell about the affairs . I

    the divorce is set aside can they get married during this time until we go back to court

    Leslie’s Answer

    It is very unclear what your question is? There are some circumstances that may entitle a person to set aside a divorce judgment, for instance, if you did not receive proper notice of the hearing or were not properly served. If your spouse has simply filed for a divorce, and the judgment has not yet been entered, then you may still bring counterclaims for post-separation support (temporary alimony), alimony and equitable distribution (property settlement) . Even if your spouse had an affair, there are many factors that a court would look at in determining whether or not you would receive alimony, first and foremost, whether or not you were a dependent spouse during the marriage. If the judgment has already been entered, and you received proper notice of the hearing and the allegations in the complaint are all true, then you may find it difficult to set it aside.

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  • Can my soon to be ex-spouse legally rent out our second house out without my permission?

    We have a house financed under my VA loan which we rented out up until the end of August 2015. I evicted the last tenants for repeatedly failing to pay the rent on time. I have asked that the house be sold to free up my VA loan so that I may refin...

    Leslie’s Answer

    It is difficult to say exactly what is going here and I would suggest that you speak with a family law attorney in your area or the one who drafted your separation agreement because what matters is what you have agreed to do (by way of a valid separation agreement or court order with regards to the property). Typically a separation agreement may indicate who will be responsible for maintenance and the mortgage on the property but it will also address how the asset itself should be divided and if it does not then that issue needs to be addressed before the entry of divorce.

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  • Can my husband be sued for back child support?

    Child is 18, raised by another man with his last name. Just found out he had this child, was never contacted prior to receiving a Facebookmessage. In NC.

    Leslie’s Answer

    If there was never a child support order established and he is in fact the father, he could be sued for back child support, however it would not be for the lifetime of the child support obligation ( the entire 18 years), only the previous three years.

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  • Can I sue for emotional distress?

    My sons mother has kept me out of his life since he was born I met my son for the first time when he was 5 months old and I have seen him only 4 times i have taken her to court for custody but not being Able to raise my son and be in his life has ...

    Leslie’s Answer

    • Selected as best answer

    If you have a permanent child custody order in place, then you would need to show that there has been a substantial change in circumstances since the time that child custody order was entered before the court will consider the best interest of the child, and that is a facts-specific determination. I would suggest considering discussing the details with an attorney so that you can determine if the circumstances have changed substantially to justify changing the custodial arrangement. If you have only a temporary custody order in place, then there is no burden of showing or proving that there is a substantial change, just that the best interest of the child would be served by increasing your custodial time. Changing a custody order can be difficult to do so I would strongly encourage you to consult with an attorney before filing to modify the custody order.

    It is important to also be mentally healthy for your child and your relationship with him, so please see a professional regarding your depression.

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  • Do I need to separate for a year if I move out of state then file for divorce?

    I am wanting to leave my husband for various reasons and will be moving out of state. Will I have to be separated a year for a divorce? There is a lot of reasons but main are indignities and what could possible be known as emotional and mental ab...

    Leslie’s Answer

    If you are wanting to file the divorce in the state where you will be moving, then you should post your question in that state so that an attorney may answer as it relates to the laws of that state. In order to divorce in North Carolina, you will need to have been separated for at least a year and either you or your spouse having lived in the state of North Carolina for the six months before you file the divorce action. It sounds like you have allegations of fault against your husband. For the divorce action itself, allegations of fault or marital misconduct by you or the other spouse are not relevant, North Carolina is a no-fault jurisdiction for the divorce claim. Where your allegations of fault or marital misconduct are typically considered would be in a proceeding for spousal support (alimony). For the purposes of spousal support (alimony), you would need to first establish a dependent spouse/supporting spouse relationship and then the parties' marital misconduct (like indignities, adultery, abandonment, etc) would be considered by the judge as it relates to the amount and duration of an award of alimony. In the case of adultery, if you are dependent and your spouse cheated and you can prove it then your spouse will pay alimony. Likewise if you are dependent and your spouse is supporting and you cheated and he can prove it, then you will be barred from receiving alimony. Another thing to consider is the settlement of your marital property. You may address claims for property settlement and spousal support (alimony) before the one year waiting period is up for you to bring your action for the divorce.
    One thing that I would suggest is speaking with an attorney in your area, if you move there could be waiting periods in your "new" state that could impact when you could bring your claim(s) there, so for instance, if you need support from your husband, you may (or may not) decide to stay within the state of North Carolina to get an action filed here before you move.

    Meet with an attorney to discuss all of your options before you move out of state.

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  • How much should a legal name change cost?

    We named our daughter Etta Marie intending it to be a double name. It has been nothing but an explaination nightmare. My husband and I have decided to merge her two names to make "EttaMarie" and give her a new legal middle name. What would be a...

    Leslie’s Answer

    Changing a person's name is governed by the North Carolina General Statutes Chapter 101. A person can only change his/her name once under this chapter (not including name changes related to marriage, she could change her last name each time she were to marry). I would encourage you to review all the requirement for your petition in the North Carolina General Statutes, so you understand the process and then either hire someone to help you or visit your local Clerk of Court to see if they may have a self-help packet to assist you. It isn't complicated (at least not for an attorney) to complete the name change but does require that you follow all of the proper steps to get the name changed. I can only speak from my own experience in doing a name change for someone (this isn't a particular request that comes up that often for most divorce and family law attorneys) but in my experience, I prepared all the documents for the client and she did all the "leg work" and I was able to get it done for her for somewhere around $500, I believe.

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