Mallory Ann Willink's Answers (45)

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My sons father and his girlfriend are expecting a new baby. Will that affect my child support case against him?

Mallory's answer | Answered on January 15, 2015

Yes, this will affect the amount of child support that he is responsible for paying to you for your son. Pursuant to the NC Child Support...

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Do I have to live in the state for 6 month to file paper work.

Mallory's answer | Answered on January 15, 2015

I agree with the comment above - if you are talking about filing for custody, the court/Judge looks at what is in the best interest of the child...

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Does her new car loan have any bearing on our joint debt?

Mallory's answer | Answered on January 15, 2015

All debt acquired during the marriage is termed 'marital debt' and both parties are equally responsible for that debt. In short, yes, you are both...

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If my wife and I are separated can she be on my property legally if both of our names are on the ownership of the house?

Mallory's answer | Answered on January 13, 2015

I agree with the answer above. So long as there is not a court order prohibiting her from being on the property, and her name is on the deed, she...

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Can my husband break separation agreement by moving to another state, leaving me with all expenses?

Mallory's answer | Answered on January 13, 2015

No - failing to abide by the agreement is considered "breach of contract" as a separation agreement is treated as a contract between the parties. ...

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If my parents gave me and my boyfriend verbal permission, that I could move in with him, would that be enough to get emancipated

Mallory's answer | Answered on January 13, 2015

In short, the answer is no. If you are 16 years old, or older, and have lived in North Carolina for the last 6 months, you can file a petition in...

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What is sufficient cause for a child custody agreement to be modified?

Mallory's answer | Answered on January 13, 2015

Yes, the court can modify the current order regarding custody, assuming that there has been a showing of a substantial change of circumstances...

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If I relocated to and established NC residency (6 months) do I still have to wait a year before I can file for divorce?

Mallory's answer | Answered on January 13, 2015

I agree with the above response; North Carolina statutes require that the parties have lived separate and apart for one year and at least one of...

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When you go to court for contempt of court on child support, can I ask for a public defender and get another court date?

Mallory's answer | Answered on January 12, 2015

If you are being charged with contempt for failure to pay child support, and are facing a risk of being jailed for that contempt, you may be...

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Can a step-parent get custody if both blood parents are unstable and unable to take care of the children?

Mallory's answer | Answered on January 12, 2015

If I understand correctly, the biological father has custody of the children, and has allowed the children's step-mother to care for the children,...

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