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Questions Answered by Melissa Averett
1 Answer | Asked in Estate Planning for North Carolina on
Q: I live in north Carolina is a P. O. A still valid in the state of North Carolina after death or do i need a will
Melissa Averett
Melissa Averett
answered on Dec 28, 2020

A power of attorney is not effective after death. You need a will. To make sure the will does what you want it to do, you should have an estate planning attorney draft, or at least, review it.

1 Answer | Asked in Divorce for North Carolina on
Q: My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?

I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... View More

Melissa Averett
Melissa Averett
answered on Dec 20, 2020

Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.

2 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: im 16 and i live in north carolina.what would happen if i moved out without parental consent?
Melissa Averett
Melissa Averett
answered on Oct 24, 2020

If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job... View More

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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: I am a minor seeking emancipation. I still live with my parents. Must I be moved out before I can be emancipated?

My parents will not let me leave. I live in NC, I am 16 with a job. I have a place to go. I have read that I need to be moved out and have lived in that location for a certain period of time before being emancipated, is this true?

Melissa Averett
Melissa Averett
answered on Oct 23, 2020

Technically no. Although it helps. Here's an article that I wrote with all the details. https://averettfamilylaw.com/?s=Emancipation

1 Answer | Asked in Divorce for North Carolina on
Q: Can I get alimony if legal aid helps with my divorce?
Melissa Averett
Melissa Averett
answered on Aug 3, 2020

It appears that you're posting from Tennessee. Are you getting divorced in Tennessee? If so you need to post your question in the Tennessee forum.

Legal aid typically does not handle divorce cases in North Carolina. You can go to a workshop where they'll show you how to fill out...
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1 Answer | Asked in Child Custody for North Carolina on
Q: If I’m 16 in the state of North Carolina and I’m in parental custody could I still sign papers for emancipation?
Melissa Averett
Melissa Averett
answered on May 18, 2020

Emancipation is more complicated than just signing papers. The following blog has the requirements for emancipation in NC. If you have additional questions, you will need to hire an attorney to assist you. https://averettfamilylaw.com/?s=emancipation

1 Answer | Asked in Family Law, Child Support and Juvenile Law for North Carolina on
Q: Is it illegal for a 15 year old in NC to leave home without parent consent?

By leave home I mean go to a friends house and be back by state curfew.

Melissa Averett
Melissa Averett
answered on Apr 10, 2020

It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.

1 Answer | Asked in Child Support for North Carolina on
Q: The state is taking me to court fot child support not the mother how is this or why and what can i do
Melissa Averett
Melissa Averett
answered on Mar 2, 2020

The state is probably taking you to court for child support because the mother is on public assistance. Under federal law, the state has to do that. So basically other than hiring an attorney to make sure the child support amount is not higher than it would be otherwise, there's nothing you... View More

3 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a “answer to counterclaim” form online to print?

I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!

Melissa Averett
Melissa Averett
answered on Feb 29, 2020

It's called a reply and there is no form. Like the answer,you need to admit or deny each paragraph of the counterclaim..much like the answer you have received. Or hire an attorney.

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1 Answer | Asked in Child Support for North Carolina on
Q: I was placed on support two different times and both cases were dropped by her, can she open up another case?

Even know the case was dropped they are trying to add another child to an order that was dropped years ago, and the child has not been proving mine what can I do?

Melissa Averett
Melissa Averett
answered on Feb 21, 2020

Ask for a DNA test, assuming you were not married to the child's mother. Yes, child support can be brought up at any time before the child's graduation from high school or age of 18, whichever is later.

1 Answer | Asked in Divorce for North Carolina on
Q: I've been separated for 3 years and recently got a divorce. Can I remarry right away?

How do I know if and when my divorce finalized? And how long must I wait to remarry? I know for a fact that he has plans on remarrying as well so there will be no appeal. We ended this marriage non contested, outside of court, and are on good terms.

Melissa Averett
Melissa Averett
answered on Feb 6, 2020

When you say you "got a divorce," did you go to court, or have an attorney go to court for you to have a judge sign a divorce order? You are divorced as soon as a Judge signs the order saying you are divorced and it's filed with the clerk. If the divorce has been done correctly, you... View More

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... View More

Melissa Averett
Melissa Averett
answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... View More

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2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Melissa Averett
Melissa Averett
answered on Jan 20, 2020

There is no form. Interrogatories and requests for production of documents are case specific, and subject to a wide variety of rules including the rules of evidence, civil procedure and case law. You should consult with an attorney before proceeding.

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2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett
answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... View More

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1 Answer | Asked in Child Support for North Carolina on
Q: Can a court order be issued for child support if mother is not US citizen and lives abroad with a US citizen child?

I am not US citizen and I am planning to reside out of US with a child who is US citizen by birth. My husband , who I am separated from , is US citizen too. He agreed that child lives with me abroad. My question is about child support, if I am not US citizen and live out of US, is my husband... View More

Melissa Averett
Melissa Averett
answered on Dec 29, 2019

Yes, but the proceedings need to be filed where he lives so it can be enforceable against him in his jurisdiction.

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How does someone go about getting custody or visitation for their child that they haven’t seen in 2years?

The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... View More

Melissa Averett
Melissa Averett
answered on Dec 27, 2019

He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.

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1 Answer | Asked in Family Law, Elder Law and Social Security for North Carolina on
Q: My friend's elderly mother is being abused by her husband. What type of attorney does she need? Thank you.

She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... View More

Melissa Averett
Melissa Averett
answered on Dec 22, 2019

She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.

2 Answers | Asked in Child Custody for North Carolina on
Q: what county are you required to file for custody of a child in nc

Father resident in alamance and child in Ashe but court in orange

Melissa Averett
Melissa Averett
answered on Dec 17, 2019

The county where a case is filed is referred to as 'venue'. Venue is proper where the plaintiff, the defendant or the child lives, or where most of the evidence and witnesses are. But filing in a county does not have proper venue is not grounds to dismiss the case, it's just grounds... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... View More

Melissa Averett
Melissa Averett
answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett
answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... View More

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