Cape Fear Investigative Services - Private Investigator, North Carolina

Child Custody/Visitation and Child Support

May 14th, 2009

This blog seeks to explain North Carolina laws on child custody, child visitation rights, and child support by answering frequently asked questions about these maters.

Who is entitled to custody?

In order for the court to grant custody, the court must find that the custodian is a fit and proper person to have custody and that custody with that person is in the best interests if the children. There is not a presumption favoring mothers or fathers. All other things being equal, mothers and fathers have equal rights to the custody of their children. There is a presumption favoring natural parents over third parties, such as grandparents, aunts and neighbors. Natural parents have protected rights to parent their own children. However, natural parents can lose those protected rights if they take action that is inconsistent with the best interests of the children.

What is sole custody?

Sole custody means that one person has primary physical custody of a child and decision making power over that child.

What is joint custody?

Joint custody means shared custody. It does not necessarily mean equally shared physical custody. When parents have joint custody, they share in major decisions about a child, and typically each parent has the child more than every other weekend. For joint custody to be successful, the parents need to be able to communicate effectively and to cooperate in parenting their child together.

How is custody determined?

Custody may be agreed upon by the parties. If it is, the parties may set out the terms of their custody agreement in a separation agreement or a parenting agreement. These agreements are usually not filed with the court. If the parents are unable to agree on their own, they can try mediation or arbitration. If they do not wish to try mediation or arbitration, they can go to court and let a judge decide.

What are visitation rights?

If one parent has custody, the other has the right to have visitation with their child. There are no general rules about when and how much visitation the noncustodial parent should get. That depends on various factors including the ages of the children, the children’s schedules, how far apart the parents live, and the work schedules of the parents. When determining a visitation schedule for the noncustodial parent, the parties (or the court) should consider weekdays, weekends, holidays, and summer. As with custody, the partied may agree on visitation in an agreement. If they cannot agree, they can try mediation or arbitration. If they do not wish to try mediation or arbitration, they can go to court and let a judge decide.

What is the court procedure in custody/ visitation cases?

One of the parties begins the process by filing a complaint (lawsuit) for custody or visitation. The parties generally must attend mandatory court mediation before a trial will be scheduled. In some jurisdictions, the parties must also attend parent education classes. In extreme cases, the court may appoint a guardian ad litem to represent the children or a mental health professional to perform a psychological evaluation of the parties and or the children. At a trial, the court will hear evidence and will decide what custody and visitation arrangement is in the best interests of the children.

What is mediation?

Mediation is when a neutral third party helps facilitate an agreement between the parties. The mediator does not make decisions. The parties make the decisions, but the mediator helps them. You can do private mediation before or after a complaint has been filed. In addition to resolving custody issues, you can address all support and property issues in a private mediation. Mediation is generally less expensive and not as time consuming as court. The parties control the outcome. The entire process can be settled in one day, and you can leave a private mediation with a binding settlement document. The process is very civil and dignified. It can set the tone for how the parties deal with each other from that point forward. If the parties are able to resolve the issues related to their separation at mediation, typically they work together and treat each other better in subsequent dealings with children or otherwise. You do not necessarily need a lawyer for mediation, but we recommend it. A non-lawyer mediator will not know the law. Without an attorney, you could lose or waive rights you did not know you had.

Is custody ever permanent?

No. Custody and visitation arrangements are always subject to change when circumstances affecting the child’s best interests change substantially.

Can the child decide?

No. The court may consider the wishes of older children, but the court will not let the children decide custody or visitation issues.

How is child support determined?

If the parties’ combined income is less than $240,000.00 per year, child support is determined based on the North Carolina child support guidelines. There are generally four numbers that are needed to calculate child support: 1) Mother’s gross monthly income; 2) Father’s gross monthly income; 3) Children’s portion of the monthly health insurance premium; 4) Work-related childcare costs. If either parent has other children in the home or for which he or she pays child support, those numbers are included in the calculation as well. There are different worksheets used in the calculation depending on the custodial arrangement. The guidelines and the worksheets are available at the clerk of court.

When does child support terminate?

Child support terminates when a child turns 18 or graduates from high school, whichever occurs later. If the child turns 18 before graduation, child support continues until graduation. If the child graduates before turning 18, child support continues until the child turns 18. Child support may terminate earlier or extend later but only in certain rare circumstances.

What happens if I don’t pay?

You can be held in contempt or prosecuted for failure to support. You can be put in jail. Your driver’s license and other licenses can be suspended. Your tax refunds can be intercepted. The courts have a host of options to enforce child support orders.

Can child support be changed?

Yes. Either parent may seek a change (increase or decrease) in child support at any time if a substantial change in circumstances has occurred after the order was entered by the court. A substantial change in circumstances is presumed by the court if the request to change the support order is made three or more years after the entry of the order and there is a 15% differential between the amount of support being paid and the amount of support that would be required with new calculations under the guidelines.

Fighting Against Identity Theft

May 14th, 2009

COMMON WAYS ID THEFT HAPPENS:

Skilled identity thieves use a variety of methods to steal your personal information, including:

  1. Dumpster Diving. They rummage through trash looking for bills or other paper with your personal information on it.
  2. Skimming. They steal credit/debit card numbers by using a special storage device when processing your card.
  3. Phishing. They pretend to be financial institutions or companies and send spam or pop-up messages to get you to reveal your personal information.
  4. Changing Your Address. They divert your billing statements to another location by completing a “change of address” form.
  5. “Old-Fashioned” Stealing. They steal wallets and purses; mail, including bank and credit card statements; pre-approved credit offers; and new checks or tax information. They steal personnel records from their employers, or bribe employees who have access.

DETER

Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and ruin your good name.

Deter identity thieves by safeguarding your information.

  • Shred financial documents and paperwork with personal information before you discard them.
  • Protect your Social Security number. Don’t carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
  • Don’t give out personal information on the phone, through the mail, or over the Internet unless you know who you are dealing with.
  • Never click on links sent in unsolicited emails; instead, type in a web address you know. Use firewalls, anti-spyware, and anti-virus software to protect your home computer; keep them up-to-date. Visit OnGuardOnline.gov for more information.
  • Don’t use an obvious password like your birth date, your mother’s maiden name, or the last four digits of your Social Security number.
  • Keep your personal information in a secure place at home, especially if you have roommates, employ outside help, or are having work done in your house.

DETECT

Detect suspicious activity by routinely monitoring your financial accounts and billing statements.

Be alert to signs that require immediate attention:

  • Bills that do not arrive as expected
  • Unexpected credit cards or account statements
  • Denials of credit for no apparent reason
  • Calls or letters about purchases you did not make

Inspect:

  • Your credit report. Credit reports contain information about you, including what accounts you have and your bill paying history.
    • The law requires the major nationwide consumer reporting companies-Equifax, Experian, and TransUnion-to give you a free copy of your credit report each year if you ask for it.
    • Visit http://www.AnnualCreditReport.com/ or call 1-877-322-8228, a service created by these three companies, to order your free credit reports each year. You also can write: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
  • Your financial statements. Review financial accounts and billing statements regularly, looking for charges you did not make.

DEFEND

Defend against ID theft as soon as you suspect it.

  • Place a “Fraud Alert” on your credit reports, and review the reports carefully. The alert tells creditors to follow certain procedures before they open new accounts in your name or make changes to your existing accounts. The three nationwide consumer reporting companies have toll-free numbers for placing an initial 90-day fraud alert; a call to one company is sufficient:
    • Equifax: 1-800-525-6285
    • Experian: 1-888-EXPERIAN (397-3742)
    • TransUnion: 1-800-680-7289

Placing a fraud alert entitles you to free copies of your credit reports. Look for inquiries from companies you haven’t
contacted, accounts you didn’t open, and debts on your accounts that you can’t explain.

  • Close accounts. Close any accounts that have been tampered with or established fraudulently.
    • Call the security or fraud departments of each company where an account was opened or changed without your okay. Follow up in writing, with copies of supporting documents.
    • Use the ID Theft Affidavit at ftc.gov/idtheft to support your written statement.
    • Ask for verification that the disputed account has been closed and the fraudulent debts discharged.
    • Keep copies of documents and records of your conversations about the theft.
  • File a police report. File a report with law enforcement officials to help you with creditors who may want proof of the crime.
  • Report the theft to the Federal Trade Commission. Your report helps law enforcement officials across the country in their investigations.
    • Online: ftc.gov/idtheft
    • By phone: 1-877-ID-THEFT (438-4338) or TTY, 1-866-653-4261
    • By mail: Identity Theft Clearinghouse, Federal Trade Commission, Washington, DC 20580

To learn more about ID theft and how to deter, detect, and defend against it, visit ftc.gov/idtheft. Or request copies of ID theft resources by writing to:

Consumer Response Center
Federal Trade Commission
600 Pennsylvania Ave., NW, H-130
Washington, DC 20580

Women and Midlife

May 14th, 2009

When does midlife begin?

Women like men can’t tell if they’ve entered a midlife transition by counting the number of candles on a cake. Reaching a certain age that ends in zero is not as accurate a predictor of transition as experiencing your first jolt of awareness that time is passing. If you’ve purchased your first pair of reading glasses, plucked a dark chin hair, launched your child into adulthood, or witnessed your parents’ health decline, you’ve already received your wake-up call.

While forty typically represents the beginning of midlife, stressful life events – death of a parent or family member, divorce, loss of job, career change, significant personal illness, or early onset of menopause – may initiate the transition process in some cases as early as mid- to late-thirties. On the other hand, they may be in their fifties and believe they’ve successfully avoided the process completely simply because they’ve failed to recognize what’s happened.

Midlife may be denied, but not escaped. It’s a biological inevitability to grow and enter the next stage of development. Like adolescence, midlife transition is a period of getting a sense of who they are and establishing their identity. Just as adolescence transforms a child to an adult, midlife transforms the person they think they are to the person they believe were meant to be.

Frequently, a midlife crisis is brought on by their internal feelings of discontentment. It’s a reaction to the fear of losing youth – their “last chance” for happiness. They wake up one morning with a profound feeling of emptiness inside, haunted by a vague sense that something is missing in their lives. Suddenly they’re bored with what used to interest them and dissatisfied by their present relationships or in their chosen roles in life. It’s not uncommon for them to feel depressed, lost and confused. Just knowing that this is normal can help you stay sane.

Transition, according to Webster’s Dictionary, is “a passage from one stage to another, whether gradual or abrupt.” Transition by its very nature involves change, and change can be difficult. Change, even by choice, turns the familiar into the unfamiliar, resulting in feelings of fear and inadequacy as they enter unknown territory.

For many women, the transition to midlife is a period of confusion and uncertainty. About the time they think their development is coming to an end, they find themselves embarking on a totally unexpected journey of growth and change. Although a normal part of maturing, midlife represents distinctive adjustments for women:

  • Losing their sense of purpose – feeling perplexed about the meaning of their life
  • Shifting parental responsibilities as children are launched or need less attention
  • Awareness that their beginning to show signs of aging
  • Concern about approaching menopause and how it will affect their life
  • Behaving completely out-of-character – feeling like a stranger to themselves
  • Bewilderment over a “crush” they’ve developed on someone not even their type even though their married or in a longtime relationship
  • Neglected talents demanding to be expressed – dreams and desires reemerging
  • Boredom with activities that previously held great interest and dominated your life
  • Caring for aging parents – discovering the roles are suddenly reversed
  • Biological clock ticking – wondering if it’s too late to start a family
  • Questioning the accuracy of assumptions made years ago about God and faith

Embracing life requires the courage to face fears, change habits that perpetuate the lives they have, and acknowledge the dreams they’ve kept suppressed. You probably know several women who have taken considerable risks in order to lead more authentic lives: perhaps someone who turned down a promotion to have more time with her family, forfeited a steady income to launch a new business, started a family after forty, earned a college degree in midlife, or took early retirement in order to volunteer full-time.

At forty, they may be a grandmother or may have just had their first child. If they are in their twenties and thirties were spent raising a family or developing a career – or maybe struggling to manage both – they suddenly discover that they’re longing to do all the things they had to postpone for the sake of their children or work.

But like some men, some women cannot control their urge to change, and this change sometimes is extremely hurtful to her present family, husband or longtime companion. Women like men, sometime look to someone else for understanding and this leads to a relationship that the women believes is what she has been missing. In her mind, this has happen to help her find herself.

The “His and Her” midlife crisis was put together to help anyone who needs a little help understanding what a midlife crisis is. It’s very different in men and women but for all men it’s almost always the same signs as it is for most all women. I researched this information from different sources on the internet and found this to be very informative. God Bless and I hope this helps!

His Midlife Crisis

May 14th, 2009

By Pat Gaudette
www.midlifeclub.com

You are in a committed relationship, married or involved on an exclusive basis. You thought everything was glorious. Or, at least as glorious as it gets-all relationships have some rough spots.

It seems that you are always fighting. Or he just doesn’t act like himself anymore. He doesn’t like his job. He wants to sell the house and get a little place in the mountains or a sailboat and sail to the islands. You’re too fat or too thin or too short or too tall. He doesn’t like being home. He wants a sportier car. He changes his hair style, starts a diet and joins the local gym. He says his clothes are too old for him. He says you and he have grown apart. He needs time to think about ‘things.’ He wants space. He wants something but he doesn’t know what. He wants a divorce.

If he’s between the ages of 40 and 60 (give or take a few years), your man is blazing a trail through male midlife – he’s having a crisis.

We’re not talking about the man who has always been a womanizer, a schemer or generally not the nicest person in the world. We are talking about the man who has up to this point assumed responsibility and been the person you could depend upon in time of need.

What you must keep in mind is that he really doesn’t understand what he’s doing; he isn’t deliberately hurting you he just knows that something is wrong in his life and he’s searching for the answers.

Of course you’re sitting there saying, “Whoa! I’m supposed to just be quiet and tolerate his forays into other-woman-land and let’s-junk-it-all-and-sail-around-the-world-land or ditch-the-station-wagon-I-need-a-red-sports-car-land?” Well, yes. Of course you do have options here. You can rage and make demands that he clean up his act. And probably shortly thereafter you’ll find yourself in divorce-land.

You see, men don’t plan on turning unpredictable. It happens when they look in the mirror or in the eyes of their grandchildren and see themselves as old men. They have, up to this point, believed they were 25-year-old boys. One mid-50′s midlife graduate says it made him a better person. He remains with his original wife and their relationship has been redefined to better meet his needs. He has his space and a home in the country that allows him to “entertain” when he feels the need and she has her space and their home in the city that allows her a place to pound on the walls and scream when she feels the urge. Another mid-50′s graduate traded the pressures of family, home and business to drive a camper cross country supporting himself by doing odd jobs. The wife of a mid-60′s executive still waits for a long term affair with his much younger mistress to end but with each passing year she cares less and her community involvement grows.

Male midlife crisis devours relationships. It may be devouring yours. What you must understand and believe is that no matter what you do, or don’t do, the outcome will be the same. You do not have control over him, only yourself.

He might not be alone on this search, but you probably weren’t invited, and you probably wouldn’t have been regardless of the circumstances. You may be part of the problem as he sees it. You don’t understand how could you? He may have met someone else who seems to understand him perfectly, or reaffirms his youthfulness (as with the mid-60′s executive, above). But how could anyone understand him when he doesn’t understand himself? He’s in an emotional storm that will test the patience and endurance of all those who love him as he comes to grips with the fact that he is no longer 25. He will hurt you. He doesn’t mean to hurt you, but he will hurt you.

It’s a punch right between the eyes when he suddenly realizes that he is getting older. There’s so much he hasn’t done. Time is running out. He can’t keep up this stress of being husband, father, and breadwinner! He’s getting older – his hair is thinning, his waist is thickening, his muscles are flabby, his face is wrinkling, he has a t-shirt with little hand prints and ‘we love you, gramps’ in childish scrawl. He is feeling emotions he’s never felt before. And occasionally he is impotent. It’s just too much!! He can’t handle it! He doesn’t want to be an old man!! Sometimes referred to as ‘male menopause,’ male midlife crisis is not nice for any of the players involved. It is difficult to say who hurts more, him or you.

Should you try to wait for this crisis to end, for your lives to return to where they used to be? It might take the patience of Job and the result may still not be the one you want. He will do what he must do when he must do it. Once he has made his passage he will not be the same. He is at a major turning point in his life, a normal part of the male maturing process that, should he be successful in navigating through the storms, will help him lead a fuller and more satisfying life, accepting the normal limitations inherent with the aging process.

Some men aren’t successful in the passage. Suicide rates increase for men as they age. Suicide offers the promise of release from seemingly unbearable emotional pain. Women know how to express their emotions, whereas men are taught to hold their emotions back, to ‘act like a man!’ For some, suicide is the only way to suppress the emotional pain associated with the midlife passage.

You need to be aware of what’s happening to your man. Being aware will make you less apt to blame yourself for the things going wrong. He will be blaming you as it is, because he knows he’s not at fault.

There’s not much you can do to speed up his passage through this crisis in your lives. He probably doesn’t want to talk about it, at least not to you. He may believe that you’re the whole reason he feels the way he does. It’s not true.

You need to understand that this is his problem, it will have to be his solution-what he’s going through is normal and you are not responsible. You can’t change it or fix it because you didn’t break it.

You will have to step back and let him whirl around in his search to find himself. He has a need to blame someone for the bad feelings he has, for the terrible way he’s acting, for the lousy way he feels. Don’t believe it if he says everything wrong in his life is because of you. And don’t try to explain his feelings to him because you can’t and he won’t listen.

There’s no doubt men and women are quite different in how they handle emotional situations and midlife is one of the most notable examples.

As a female, you have been trained to take care of other people, to be responsible for their well-being, to make things run smoothly. You have been taught when relationships don’t go well it is your responsibility to correct the situation. You look inside yourself for the answers. In the case of his midlife crisis, you won’t be able to correct the situation-the answers must come from him. You cannot change his behavior, he must. If you think you can change his behavior by changing yourself, you are in for a lot of anger and disappointment. This issue is not about you, it is all about him.

Men are expected to hide their emotions but that doesn’t mean the emotions don’t exist-they’re buried deep in the recesses of how ‘real men’ act. Men and women are from the same planet, no matter how alien the male of the species seems when he’s plowing through his midlife crisis. When you get angry it is okay for you to express that anger but “society” says he must be in control no matter the situation. Because he appears in control of his emotions it is easy to believe that he is unfeeling but even the most grown-up men sometimes have a need to cry. Unfortunately, it’s just not allowed.Society measures the worth and success of a man by how much money he has and makes. If he isn’t making the kind of money he thinks he should, he will be angry at the obstacles he believes are standing in his way. He may believe his family responsibilities are holding him back.He needs more affection now and may reach out to you. If you respond with surprise or rejection because you don’t understand this new behavior, he may find the affection and affirmation of his desirability in the arms of a girlfriend. Nothing personal, you understand, he doesn’t know what he’s doing. And he certainly doesn’t mean to hurt you. During midlife crisis a man will do many things he wouldn’t have done before.He’s scared of dying. His friends may be developing illnesses, some may have already died. He’s afraid. He’s resentful, frustrated and depressed. He feels trapped by his responsibility to provide for his family. He’s locked into a job or career that he no longer enjoys because he must keep the kids in college and make payments on the house and car.

If he’s like most men, he may be in responsibility overload and desperately in need of a break from financial responsibilities and the daily demands of work that he’s probably had since he got out of school. He may resent the fact he cannot make the choices that so many women can as far as choosing whether or not they want to work and at what. He needs a long break from responsibility but he knows that this is impossible. If he stops, he loses everything he has worked so hard for, but, if he doesn’t stop, there is a good chance he will lose it anyway. He’s trapped. How he reacts to this extreme pressure cannot be predicted. Rest assured, though, he will react.

The crisis will not end in a week or two. It may take years to get resolved. You will need patience to let him learn to cope with the new feelings and emotions that are occurring in his life. You cannot do this for him nor can you demand that he seek counseling or talk the problem through with you. You may suggest it but you cannot demand it. It will do no good. It’s important that you understand and accept the fact that it is his problem, not your fault. Don’t take the responsibility for his pain and suffering.

Give him space. No matter how insecure you’re feeling, don’t cling, berate, belittle or try to push him in a direction he doesn’t want to go. If he wants more time than usual to be by himself or with his fishing or golfing buddies, don’t complain about how little time he’s spending with you. He’s trying to think his problems through and he’ll find a way regardless of what you say or do. And remember, midlife crisis is not a chemical thing that someone can just take a pill and make it better or go away. It’s a feeling and those who go through it just don’t know why they are.

Now is the time you must develop yourself as an independent person. You must take responsibility for yourself and your happiness without depending on him for the closeness and intimacy that he probably is unable to give right now. Plan things without him. Depend upon yourself, not him. Allow him to do the same.

Do things by yourself and with friends. Make a life for yourself without waiting for him to participate. He may refuse to go to counseling but that doesn’t mean you shouldn’t in order to better cope with your feelings during this difficult time.

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Reaffirm your love for him, your desire for him, and your attraction to him. Tell him and show him that he is the most important person in your life. Do it without smothering, clinging or demanding that he reciprocate the feelings to you.

If you make the decision to demand that he straighten up, to demand that he stop his erratic behavior, to demand that he return to the person you’re most comfortable with, you’ll be making a mistake.

If you make the decision to nag and whine, you’ll be making a mistake.

If you think you can make the choices for him or tell him what he should do to feel better or get his life in order, you’ll be making a mistake.

If you make idle threats about what you will do if he doesn’t change, you’ll be making a mistake.

You are not to blame for the feelings that are guiding his life at this time; however, your actions will help to influence the choices he makes.

As hard as it may be to stand back and watch him self-destruct, that is the role you will have to take. Your number one priority as he whirls through his midlife crisis should be you and your needs. You must protect yourself. Your beliefs will be tested, your faith will be stretched, and your love will be bruised and perhaps torn beyond repair.

Like so many women before you you’ll discover incredible strengths of your own and you will come out of this journey amazed to find that his crisis may have opened a world of amazing opportunities for you – whether or not your relationship remains intact.

Coping with male midlife crisis is not easy. Not every relationship will survive the strain. REMEMBER, midlife crisis is REAL and not something to joke about. It can very hurtful to you and everyone in the family. A Midlife crisis to men and women is inevitable and a lot of sensitive and hard decisions are made during this time. Some relationships just cannot make it through this crisis. Just remember, Midlife crisis cannot be escaped or put off. It’s real and everyone goes through it. People do different things during their crisis. How a man reacts and the decisions he makes is what sets them apart. A man without integrity is not a man.

If you suspect infidelity, protect yourself and your family.