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Found 74 results

  1. In North Carolina, what is alimony pursuant to N.C.G.S.§50- 16.3A, etseq.
  2. My husband said during the entire divorce process, "if I make money, you get half." During two mediations, He withheld his plans to move and start another medical practice in another state. He completely disregarding the 6 notice provision that required he inform me of his leaving, and arbitrated in a veil of deceit the provision that gave me his earnings (our asset) "now, in the future, with no terminating event." The arbitrator ruled that my earnings ended after he left his current job. Directly after the ruling he bragged to a friend he was moving. The mediator call him and asked him directly if he was leaving his current job now, "he said no." and I was assured I would have several more years of alimony. In the two months before signing our agreement, while working his local job and at the hidden medical practice he started in another state, he cheerfully responded to all requests from the financial neutral. Up until the day I signed, He made suggestions and provided edits to the chart we planned to use to track our shared income. When I learned that he had changed his mal-practice insurance policy from a group policy to an individual policy, my attorney spoke to his attorney and she added approved "slip pages" to our agreement. On the day I signed, he sent an email to communicate his local address where his mal-practice dividend should be sent upon full retirement. After I signed the agreement, he waited until my rights were dismissed, then left his job without any notice The receptionist at his medical practice in another state said he started work there 3 months before our papers were signed. He lied and said he started there "officially" September 1. What rights do I have? He is 66 years old
  3. I looked through the pages about the different cannabis laws for all the states. North Carolina was not available. I wanted to see what is legal in NC.
  4. Back in 2016 I have a trial for a DWI habitual and I got sentenced went and done my time came home and now I happened to notice online they have my name States 4 case law about my trial on some areas of it my question is what is the information they're using for case law is incorrect like it never happened like that in my trial so they're making it out like it did what can I do to either a have the information changed or to have it removed. And how do they end up getting the information for case law transcripts and if so that means my transcripts would be wrong then what and what is my transcript say one thing but case law is saying something different thank you for any kind of information or imput
  5. I received a speeding ticket coming through a little spot in my community by my local not-so-friendly North Carolina highway patrol of which when he approached my vehicle he had a big lip full of dip in and as he approached the vehicle I also had my phone video recording of which I have him dipping standing at my window . being that I can't smoke anywhere in a public restaurant or facility and especially government facilities how come my local highway patrolman can you dip while on the clock talkin too and also talking to the civilians and the community.? I mean it wouldn't be very nice for me to have been smoking right there in his face much less him on the clock it's all of our tax dollars paying him to be able to use products that are prohibited throughout the public facilities in places concluding parks and all so why would he be able to dip and if it is not permissible then what can a civilian do to make sure it gets address to the local highway patrolman?
  6. In the state of North Carolina when the employer fires the employeel , an then the employee turns around and files a North Carolina unemployment claim, and states the reasons of which they fired or the dismissal of their job an on the questions the ask to be very specific on and for exact reasons and then the employer has to do the same for the rebuttal on his reasons of why he terminated the employee . Then later on throughout the hearings an the appeals the employer changes the reasons of why the employee was fired. Is that not against policy and procedures and also against rules and regulations an just plain wrong ? I know my employer changed this reasons of why he terminated me throughout multiple hearings as well as appeals because I have all the transcript from previous hearings an appeals an it shows it's not for the same reasons he gave at initial request . And yet i keep getting denied when the reasons of my appeals and reasons of dismissal had stayed the same since the beginning. If it would had stayed to the true facts of the first reason he wrote down I'd already won but being he changes up an they allow it to be added has changed the out come . Can he change his story ? An if not who an where do I report it to ?
  7. I was shown a sample apartment which was nice, clean and actually furnished like a model apartment. I was told by the rental agent that the apartment available for rent is substantially the same but in a different building and is not available for 5 days because it is being cleaned. If I want to rent it I have to sign the lease within 2 days but can only see the apartment in 5 days because it is being cleaned. It is the policy of the complex that they have 5 days between renters for cleaning. I signed the lease because I couldn’t find anything else since Asheville NC was in high summer / fall season and there were no empty 1 BR apartments I could find. My husband had passed away and I wanted to be near my son and his family. My son came with me when I went to move into the apartment and we found it had a very strong odor which made my eyes burn and my nose run almost immediately. It was also quite dirty with glue stains on the carpet and many scratches in the walls and trim. Faucets were leaking and the bathroom door could not be closed. I am not an allergic person but this odor was making me ill. The landlord's representative said they would move me to another apartment if I pay a moving fee of $300 to change to a different apartment. I balked at that and eventually they said ok, they wouldn't charge the moving fee but again I would have to sign a lease within 2 days even though the apartment would be available to be seen only in 5 days because it was being cleaned. I didn't want to fall into that trap again so I stayed in the original apartment hoping the smell would go away as they said it would but it did not. I would have moved out the same day but had no place to go. Before the end of the first month I sent a letter stating that I had to move out because the apartment had made my eyes burn and my nose run for the entire time I was there. I had paid a month’s rent and a deposit, bought the required rental insurance and paid deposits for utilities. The landlord would not break the lease. They locked the apartment and did not offer it to anyone else to rent even though there was a high demand and they could have rented it if they offered it to qualified applicants. Now they are charging me rent for an additional 2 months, plus utilities that were not used. This is unfair. I think this was a bait and switch resulting in a windfall profit for the landlord. What can I do? The total amount is approximately $3,500 which is a lot to pay to an attorney, if I can find one, who may not be able to get a judgment in my favor since I did sign a legal contract. The costs may actually increase for me if I have to pay an attorney on top of what the landlord is demanding. I would appreciate advice on how to handle this. Susan
  8. I purchased a vehicle 10 months ago in "clean" condition with two previous owners (according to the GM of a dealership that I purchased it from, it was his personal vehicle). After 2k in repairs I returned to the dealership and asked them to evaluate my trade. They offered me 13,500 (wholesale) when I paid 25k for the car. They offered me no explanation. Another dealer pulled the Auto check and told me there were two mileage flags for rollbacks and eight previous owners. Are dealerships required to disclose auto check odometer flags and rollbacks? After speaking to the manager I know they also use the autocheck system. The gm was terminated a month after I bought the car for "shady" practices, but the dealer insists the car was in excellent condition (even though they won't offer even low trade value to take it back).
  9. I live in an HOA around the area of Charlotte North Carolina. I have had an existing metal fence that was approved by the HOA and installed in October of 2015. The HOA requires that we use existing fencing that is up prior to us constructing fences made of other materials. For example, there is a wooden fence in on the property line you have to tie in with the same style of wooden fence, according to HOA rules. If it is metal, you tie in with a metal fence. A new neighbor built behind me and put a 6-foot wood fence up that is around 10 inches away from our metal fence. This was over one year from the time I fence had been installed. Now because the HOA is so slow in responding, three other neighbors have built off of this fence line . My question is...what is the exact definition of a double fence? Does a certain distance between fences negated from being a double fence? Finally, how do I get my HOA to act with dillegence so a small problem does not escalate into a larger one?
  10. I live in Bulington, NC and I have 6 acres of pasture land that I am trying to get the land back in shape for animals. I have a couple of drunks that live next to my land that I have called the Sheriff on repeatedly for trespassing. They get drunk then ride their ATV on my property putting ruts all over my property, they cut down trees on my property at night for bomb fires, and when I speak to them they cuss, use defamatory names at us,and even told me if I put any animals out there they will kill them. All the police do is keep talking to them and keep giving them no trespassing warning but that is all. Need I say my husband and I are a mix couple. Recently one of these guys got arrested for pointing a gun at someone in the face and threatening them. So, I'm scared they will do something to my husband or me and maybe both of us. We don't want to move, this is our home what can we do?
  11. I live in Charlotte, North Carolina. There is a one-foot separation between my backyard fence and the fence of my next door neighbor. My neighbor wanted to install new fence and asked me recently whether is was OK for him to use my side of the fence as part of his new fence. I am concerned that my permission will result in encroachment issue down the road when I want to sell my property. What is the suggestion from the legal professionals?
  12. Where can I get a free list of confidential informants in NC?
  13. Has there ever been a case where a Doctor refused treatment and was ordered by the court to continue treatment?
  14. My husband incorporated a Consulting company (Inc) in my name registered in Illinois in last quarter of 2013. I was 100% owner of the company. My husband was employee of that company. Bank account in company’s name was opened in Charlotte. Account was operated jointly with my husband for convenience. In January 2015, due to problem in marriage, I had to go to India with my parents. I returned to USA in December 2015. We have Filed law suit for divorce and property distribution. My husband did not pay tax, file IRS return (federal and state) but in April/May 2015 withdrew all money during my absence and without my knowledge (though I am the 100% owner of the company) from the Bank Account in NC and closed it to fix me in IRS problem. He didn’t give any details of the company, allow company CPA to file returns etc. I had to file return, pay tax and penalty by borrowing from relative. At present, I am at great loss and trauma. My question is that I am 100% owner of Inc and husband was employee of the company. He was allowed to operate jointly for convenience. Can he withdraw all my money and close the account without my consent? He embezzled all money either in his account, in cash or transfer elsewhere. Does it become a crime in law? If yes, what kind of crime and what remedy is available? Can I get my money back? If yes, how? If no, what should I Do?
  15. There is an affair going on in this company between one partner and an employee. Is there any law in N.C. that the Company needs to notify the wife of the partner that there is an affair going on between her husband and an employee?
  16. I was pushed down by my estranged husband at a bar which he frequently goes, the owner who did not witness the incident came out yelling for me to leave let's say X alone he's a good paying customer. I did have X 's cell phone in my hand because he left it laying on a table outside where I was at, he left the establishment. Returned saw his phone in my hands and pushed me to get his phone I was texting on to his mistress. The occurrence resulted in a torn all,fractured tibia, torn ligament and lower leg contusion. I didn't file charges the state picked it up. Court date the district attorney stated / asked where the phone landed when I got pushed. I replied "I have no idea it was in his hands when I looked up after being pushed to the ground" Since I could not answer the question of where the phone landed the DA stated there wasn't enough evidence for this to be heard in front of a judge. Well, it's been 1 1/2 years later and I have paid a lot in medical bills unable to work for several months. Is there a recourse of action I can take so this can be heard in front of a judge? Also, he had someone there who I never saw come to defend X to state I fell not pushed.
  17. I paid 850$ for the Vivitrol shot for my son less than a month ago. Can someone explain to me how he broke through it? It has been only 2 weeks. Despite the fact that I am sick w/concerns for my son, I want to know if I am legally able to get that money back. In addition, what about this product? Can I make them accountable someway for marketing a product that is not effective?
  18. I received a letter from my town - not an HOA - telling me to cut the grass within two weeks or they would start fining me $50 a day. I cut the grass. Two days after I cut the grass, a third-party contractor went onto my property while I was not home. I was not notified, contacted, or given any warning. This contractor did not cut any grass, as it was already cut. They razed my landscaping instead. The contractor went beyond my front yard. They went onto all the way around my home and garage and into my backyard. They randomly razed large plants. Nothing they cut was grass, and nothing they cut was a weed. It was all things I had planted. They razed four-foot high elderberry bushes, but only six of the twelve in the (mulched) bed. They crushed two-foot high evergreen shrub and the surrounding flowers; this was part of a larger area and the rest of the area was untouched. It was wanton and random, and all over my property. What comes up for me is: * violation of fourth amendment right to privacy by crossing the threshold of my home * trespass * destruction of property * vandalism I contacted the town manager and gave him an earful. He is coming tomorrow to see the damage. I am writing to ask the following: 1. Am I correct in my ideas about the aforementioned violations? 2. Are my complaints and recourse with the town or with the third-party contractor? 3. What is my recourse? I seek reparations for replacement of plants and lost harvest, but I also want protection from this happening to my property again. Any advice or assistance is appreciated. Thank you.
  19. If company A hires and/or contracts company B to investigate and do a job does company B then have authority, on behave of company A, regarding the work order? If so where is this written.
  20. Is causation for murder interrupted when the victim leaves the hospital AMA and later dies? Case facts: The victim and defendant are a couple. The victim was diagnosed with enlarged liver/spleen and disease of both organs. The victim and defendant have a physical altercation (no weapons involved), the defendant body slams the victim and the victim later gets sick so the defendant takes him to the doctor to get medical attention. The victim leaves the hospital AMA and later falls into a coma and dies from a busted spleen. Defendant is charged with first degree murder.
  21. Hello, I live in a large apartment complex in NC. A week ago, a neighbor who lived in our bldg was investigated and arrested for making meth here. The police posted a sign on his door saying not to go in, unsafe chemicals, etc. I have a young daughter and our lease is up in four months. What are my rights? Am I able to break my lease and move sooner? Negotiate a lower rent payment? It may have been the apt management who turned him in, I don't know. But I know it is extremely unsafe and was probably going on for a while. Our management is rather shady and would never let us know that we have rights or legal options. I plan to contact them, but just want to have my facts and info straight before I do. They think that because we are low income that we are also low intelligence. Thanks!
  22. My wife and I were divorced in VA. Now she lives in NC and has since before the divorce was finalized.I am moving there now and that is why I am filing for a custody change.. How do I get the courts to change jurisdiction? or does it happen automatically since neither of us live in the original state?
  23. In 2009, I was awarded full legal custody and primary physical custody of my children. Included in the case was a custody evaluation by a child psychologist who said that the children were at risk for ongoing mental and emotional problems due to my ex-wife's extensive efforts to create parental alienation. Since the change in custody, the children improved significantly in my care. I have largely been able to keep them sheltered from her behaviors. Two of my children have reached adulthood, but one 13 year old daughter remains under the custody order. After a number of recent incidents, something happened two weeks ago that culminates in what may be considered a "substantial change in circumstances" that would warrant a modification to our custody order. My ex-wife did not take our daughter to school at the end of her visitation, which ended on Monday morning. Instead, she kept our daughter out of school and spent the day trying to get her to agree to not return home. She repeatedly tried to get my daughter to "confess" that I am sexually molesting her - a charge which she has made in the past that has been unsubstantiated by Child Protective Services. However, the allegation did cause significant disruption to all of our lives and my daughter fears having to go through all of that process again. Because of the recent questions and prodding by my ex-wife, my daughter thinks that her mother may be preparing to make another allegation. She is also very concerned because my ex-wife made her give a urine sample but would not tell her what she was going to use it for. Although I have full control of medical decisions, my ex-wife would not tell me what she is doing with the urine. My daughter and her 18 year old brother also called their mother to express that my daughter frequently has headaches, nightmares and an upset stomach due to my ex-wife's treatment of her. When asked, my ex-wife refused to tell either of them what her plans for the urine sample are. She only said that what she was doing was "in their best interests" and to "protect" my daughter. Given that no abuse is taking place in my home, my daughter feels very manipulated by her mother and does not want to go for visitation - at least for the next few weeks until things calm down. This problem has gone on for many years and my daughter is showing signs of emotional distress frequently. I intend to file a pro se motion this week to modify custody based upon the ongoing maltreatment of my daughter, and to request supervised visitation. However, we are concerned that at this upcoming weekend visitation, my ex-wife will continue to try to emotionally manipulate my daughter. My daughter is worried that it is going to be another weekend of headaches, nausea and nightmares like it was for her the previous week. I want to be able to keep my daughter home, but my ex-wife does have visitation rights under the custody order. I don't want to jeopardize my good parenting record for the upcoming hearing to modify custody by "depriving" my ex-wife of her visitation. I don't know what to do. Last week, not only did she manipulate my daughter to tears repeatedly, but she violated my custody rights by keeping her an extra day (and out of school) without my permission. One additional point: I was advised to talk to Child Protective Services about this problem, and I did. My ex-wife is under investigation for emotional child abuse and I have a preliminary letter from CPS that states that it appears to them that emotional child abuse is occuring. I am soliciting counsel from any of you on this matter regarding the wisdom of not making my daughter go for visitation this week, despite my ex-wife's visitation rights. Thank-you.
  24. I recently received a custody agreement from my ex's lawyer and need some help understanding what is meant by "That it is in the best interest of the minor child for her care, custody, and control to remain with the Defendant subject to reasonable rights of visitation with the Plaintiff as agreed upon by the parties." and "That the Defendant is hereby granted the care, custody, and control of the minor child, namely<my child's name and bday>, subject to reasonable rights of visitation by the Plaintiff as agreed upon by the parties." Does this mean that I get sole custody or something different? I do not speak legalese so it's very confusing to me.
  25. If I'm 14 and pregnant, could we get married without parental consent and just a court order or would we need both? Would we both be automatically emancipated?
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