Amanda Bowden Houser
About Amanda Bowden HouserThe Houser Law Firm, P.C. is a Professional Corporation and full service, General Practice law firm located in Jacksonville, that serves Onslow and surrounding counties (Jones, Pender, Duplin) in South Eastern North Carolina. We know that in these tough economic times, saving money where ever possible is important to most people. Our philosophy has always been to provide our clients with prompt, courteous and professional legal services at an affordable fee. While we never compromise on our legal professionalism, we do strive to manage our cost and expenses so that we can offer high quality legal services at fees that are reasonable and affordable.
- Criminal Law
- DUI & DWI
- Family Law
- Personal Injury
- Traffic Tickets
- Credit Cards Accepted
- MasterCard, Visa, Discover, American Express
- Contingent Fees
- Free Consultation
- Rates, Retainers and Additional Information
- Most of our firm's fees are on a flat rate basis
Jurisdictions Admitted to Practice
|A (Better Business Bureau)|
|Founding Attorney and CEO, The Houser Law Firm, P.C.|
|University of North Carolina - Wilmington||B.A. (2008)|
|North Carolina Central University School of Law - North Carolina Central University||J.D. (2011)|
|Member, North Carolina State Bar|
- Overall: 11 Answers
- This Year: 9 Answers
Q. My ex was required in our divorce decree to provide our childs health ins. he is now on disability will he stil pay?
A: How are we to know what your ex will or will not do? Presumably since you know him best - you are in a much better position to predict what he might do. In any event, since it appears he hasn't stopped paying yet - there's really nothing to worry about until there is something to worry about. That said, generally there is a difference between what someone is obligated to do and what they actually do. Based on your question it appears he is court ordered to pay for the child's health insurance - so he has a legal obligation to do so. However, it is entirely possible that he may simply refuse to do so. If so, you will then need to decide if it is worth taking him back to court over the issue. It may be a difficult decision for you because unless you are still on good speaking terms and he is an honest stand up guy, you won't know if his failure to pay is legitimate or not. It may be the case that now that he is on disability he can not afford the child's insurance, in which case, if you take him back to court, he may counter with seeking to have the court order modified based on a substantial change in his financial circumstances. Or it could be that he can afford the insurance even on disability its just that doing so cuts into his beer and hooker money. You would need to know which is the case otherwise you are rolling the dice blind and could be wasting your time and money taking him back to court if he does stop paying.
Q. Can a highway patrolman give you a seat belt ticket after you have parked the car, entered store, & returned to car?
A: If a NC Trooper gave you a seatbelt ticket after parking a car, entering a store and returning, then you already know the answer to your question - yes, they can! However, I suspect what you really meant to ask is if it is proper to give a seat belt ticket under those circumstances. Again the answer is probably yes. In NC if you are in a forward motion you are required to have a seat belt on. So if the Trooper saw you in a forward motion prior to you parking - the ticket was likely legitimately issued. The fact that you parked, got out entered a store and returned does not have any impact on what happened prior. In other words it doesn't magically restart the timeframe within which a Trooper can give you a seatbelt ticket.
Q. My girlfriend broke up with me and gave me my clothes only. She still has 22 other items that she will not give me.
A: There are plenty of illegal ways to accomplish this but they would all likely land you in serious trouble. The two most common legal ways to handle it would be: 1) to file a civil small claims suit against her for either the return of the property she kept or if she has disposed of it the fair value of the property. You are going to have to prove to the magistrates satisfaction that you are the owner of the property and that you didn't gift the property to her. 2) swear out a criminal warrant for conversion. Her keeping the property could be the crime of conversion. When you broke up and your property was left in her possession she became what is known as a bailee and has an obligation to take reasonable care of your property ffor a period of time until you can take possession of it. If she keeps the property for her own use - that is the crime of conversion. Simply go to your local magistrates office and see if you can get a warrant. If so, this method is cheaper that filing a small claims action. You will want to either personally deliver or send her a certified written letter stating your intent to seek a warrant if she doesn't return your property and allow her 48 hours to return the property to you before you seek a warrant. See statute below - Good luck to you! § 14-168.1. Conversion by bailee, lessee, tenant or attorney-in-fact. Every person entrusted with any property as bailee, lessee, tenant or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same, or the proceeds thereof, to his own use, or secretes it with a fraudulent intent to convert it to his own use, shall be guilty of a Class 3 misdemeanor. If, however, the value of the property converted or secreted, or the proceeds thereof, is in excess of four hundred dollars ($400.00), every person so converting or secreting it is guilty of a Class H felony. In all cases of doubt the jury shall, in the verdict, fix the value of the property converted or secreted. § 14-168.3. Prima facie evidence of intent to convert property. It shall be prima facie evidence of intent to commit a crime as set forth in G.S. 14-167, 14-168, and 14-168.1 with respect to any property other than a truck, automobile, or other motor vehicle when one who has, by written instrument, leased or rented the personal property of another: (1) Failed or refused to return such property to its owner after the lease, bailment, or rental agreement has expired, a. Within 10 days, and b. Within 48 hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement, or
Q. Do we need a probate lawyer if there was no will,but everyone agrees we get the personal property? We live in NC.
A: If he dies without a will his property will be divided according to intestate succession meaning the siblings could take a share if they wanted. Dad's verbally expressed wishes are virtually meaningless. To avoid confusion and headaches in the future, dad should be encouraged to have a will done. For an estate like you describe, it likely would not be an expensive proposition - a couple of hundred bucks or less. Any more than that and dad would likely be getting ripped off. Good luck to you!
Q. If Property was not brought into a Divorce, and Husband lives there til Death, does it still go to me?
A: If you are on the deed and it is a 'by the entireties deed' and the property issue was not addressed in the divorce, then will or not, the property should pass to you by right of survivorship. However, since it appears your ex may only have a life estate, your interest in the property may be limited also. In which case, the 'tax lady' who likely ought not having been providing legal advice, may be right. You will want to consult with an experienced real estate attorney ASAP to review your options and take what ever steps are necessary to preserve any interest in the property you may have when your ex dies. Good luck to you!
Q. I a 5 yr old great granddaughter, my granddaughters child. Her father has custody of her. do I have rights to see her?
A: Grandparents generally do not have rights in NC and can not file actions for custody / visitation on their own. In order to establish a claim for visitation usually a grandparent has to piggy back that claim onto a claim filed by the parent of the child. If the mother of the child is cooperative with you, you both may want to consult with an experienced family law attorney. It may be the case that a simple letter from an attorney merely threatening a suit to establish visitation will bring father to the table to negotiate a visitation schedule with you rather than go through the expense of defending a claim by you and the mother. Good luck to you!
Q. is there any set length of time that the IRS can garnish my disability check or will it be garnished til the debts paid
A: As far as I am aware, there may be limits on how much of your check the IRS can garnish but there is no limit on the time - the IRS will most likely garnish until the debt is paid. Another concern is that late penalties may still be accruing and depending on how much the IRS is taking and how big the debt is, it is possible they would never stop garnishing because the accruing penalties could be equal to or more than the garnishment. You will want to consult with an attorney experienced in negotiating settlements with the IRS as well as experienced in Social Security rules. Good luck to you!
Q. If neither parent of a child has custody and Father takes the child and won't return him....
A: When you say neither parent has 'custody' I am assuming you mean neither parent has court ordered custody. If so, are you sure about that? A school and the police generally will not assist a parent who does not have a court ordered custody order. Father may have applied for an emergency temporary order. If so you will most likely need to fight custody where the child is now. In any event, you will want to consult with an experienced family law attorney ASAP. The longer you wait the weaker your case gets and the more it appears to the court that you acquiesced to father taking control / custody of the child.
Q. married for 14 years, SAHM all this time,thinking to file for divorce,where do I begin? whats my rights?
A: In order to be eligible to file for divorce in NC you need to meet two requirements: 1) you must have been physically separated (not living together in the same residence) for one year AND 2) either you OR your spouse must have lived in NC for at least 5 months immediately prior to filing for divorce. Divorce does not have to be expensive. If you expect the divorce to be uncontested or if you just want a divorce only it can be done for a flat fee of $395 which is often cheaper than attempting to do it yourself. Additional information on this service can be found at: www.easyncdivorce.com The easiest way to resolve all your other marital issues ie who gets what, etc.. is for you and your spouse to sit down and work out something fair and reasonable and then have that agreement put into a formal written Separation and Property Settlement Agreement. Fees for that average $150 to $250 - again flat rate and all inclusive. Otherwise you are faced with the prospect of paying strangers to decide things for you that you could have done yourselves for free.
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Website: The Houser Law Firm Website
See my answer on @Avvo to: COMPLICATED....can you answer it? Possible outcome and child support question. http://rpx.me/1/8-Gv— Amanda Bowden Houser (@houserlawfirm) 3 days ago
My answer on @Avvo to: Every job such as Burger King and Wendy's denied me employment do to a conviction in... http://rpx.me/1/bnuv— Amanda Bowden Houser (@houserlawfirm) September 3, 2014
Family Law | N.C. Legal Question answered by The Houser Law Firm http://t.co/9aRZ8gXH2J on http://LawGuru.com at: http://t.co/7UEGXM2ndu— Amanda Bowden Houser (@houserlawfirm) August 21, 2014
Please check out my answer on @Avvo to: Which attorneys have experience with getting student loans removed ... http://rpx.me/1/gndv— Amanda Bowden Houser (@houserlawfirm) August 21, 2014
See my answer on @Avvo to: Can I file for divorce if I do not know where spouse is located? Can I have some... http://rpx.me/1/sYcv— Amanda Bowden Houser (@houserlawfirm) August 21, 2014
S.C. Traffic Ticket question answered by The Houser Law Firm http://t.co/9aRZ8gGE0J on http://LawGuru.com http://t.co/RzigT1q8Na— Amanda Bowden Houser (@houserlawfirm) August 19, 2014
See my answer on @Avvo to: How do you divorce someone who lives in a different country and that you know he... http://rpx.me/1/xF-u— Amanda Bowden Houser (@houserlawfirm) August 18, 2014
See my answer on @Avvo to: If I have no living relatives except my daughter and grandson can I hand write m... http://rpx.me/1/wD-u— Amanda Bowden Houser (@houserlawfirm) August 18, 2014
Please see my answer on @Avvo to: My wife and I would like to know who must maintain and care for the " Ea... http://rpx.me/1/bA-u— Amanda Bowden Houser (@houserlawfirm) August 18, 2014
My answer on @Avvo to: Can a child of a deceased parent liquidate and sell off real estate if the spouse st... http://rpx.me/1/ax-u— Amanda Bowden Houser (@houserlawfirm) August 18, 2014