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  1. #1
    Join Date
    Mar 2012
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    10

    Default Name Change Rejected Due to Prior Name Change

    My question involves name change laws in the State of: North Carolina

    Okay, so this is sort of complicated but I'll make it as concise as possible.

    Firstly, I changed my name completely in the summer of 2011; first, middle, last- the whole shebang. Upon being completed through the clerk's office, I had my name changed at social security and at the DMV. I got both a license and social security card in the new name. I was told it would take a while to get my birth certificate because apparently they all go through the capital and they're extremely backed-up. In the interim, September actually, I got married using the new name (I'm male so there was no further change). Now, I have gotten a letter from the capitol that says my name change is invalid because of a supposed name change I got in 2001, and that North Carolina only allows one name change as an adult.

    Now, I honestly don't remember a name change of any kind occurring in 2001. I know my name was changed twice as a child, once to protect me from my father and another time to reenter the father's name (go figure). However, if they say it's on their books for 2001, I don't know if I can dispute that. The actual statute says:

    N.C.G.S. 101-6(a) "No person shall be allowed to change his name under this Chapter but once, except that he shall be permitted to resume his former name upon compliance with the requirements and procedure set forth in this Chapter for change of name, and except as provided in subsection (b) of this section."

    Now, (b) refers to the name change of a minor.

    Anyway, as you see, I have a big problem here. I've changed everything, including my license, social security, tax information, and credit history to this name. Not to mention I got married using it, which affects not only me but my wife! I realize I may have been short-sighted here and I honestly did not know/remember about the 2001 change, but there must be some way to fight this. As I've changed my name everywhere, including in criminal records (all I have are speeding tickets and the like), it should be obvious I'm not trying to defraud anyone. I'm afraid of not only the cost it might incur to get everything back to how it was, but that the IRS might accuse me of somehow trying to commit fraud upon them! Add to that the fact I obviously hate my former name and do not want it back by any circumstance, and I hope you can understand the hell I'm going through here.

    Anybody?

  2. #2
    Join Date
    Sep 2005
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    75,915

    Default Re: Name Change Rejected Due to Prior Name Change

    I don't see the name change petition form online. Should we assume that the form you submitted to the court requesting the name change included the representation that you had not previously changed your name as an adult?
    Quote Quoting KREX
    View Post
    Now, I honestly don't remember a name change of any kind occurring in 2001. I know my name was changed twice as a child, once to protect me from my father and another time to reenter the father's name (go figure).
    Honestly, it's hard to believe it's something that you would forget.

    You know what your name was after your name was changed back to your father's. You know what your name was when you petitioned for a name change last year. At that time was your name the same as it was after the childhood name change, or was it different? When you looked up the court records from 2001, what did you discover?
    Quote Quoting KREX
    Anyway, as you see, I have a big problem here. I've changed everything, including my license, social security, tax information, and credit history to this name. Not to mention I got married using it, which affects not only me but my wife!
    Should we infer that you obtained an order approving your name change from the court, but that it was rejected by the Department of Vital Records some months after the court issued the order? How much time did you wait between when you obtained the order and when you submitted it to the Department of Vital Records?

    In general, it's not a problem to use a name other than your legal name, provided your intent is not fraudulent. But obviously you now have a conflict between some of your legal records and other legal records. It seems like the "solution" as such would be either to move to a different state for long enough to qualify for a name change under the laws of that state, then attempt to have the NC Department of Vital Records process that order (the impediment you identify is in a statute pertaining to the name change laws of your state; although the DVR may have a similar provision in its statutes, if not it would appear that they are not prevented from processing the out-of-state order), or to go back to the court that authorized the name change with a petition that explains the problem and asks for an order clarifying that your name was not changed, then attempting to restore your name with the various government entities that have issued ID based upon the new (but rejected) name.

    It's a bit of a tangled web - if it were me I would consult a family lawyer in my state to see if they could find a way to cut through it, but I do not expect from what you've shared that you'll succeed in getting the name change order recognized by your state.

  3. #3
    Join Date
    Mar 2012
    Posts
    10

    Default Re: Name Change Rejected Due to Prior Name Change

    Quote Quoting Mr. Knowitall
    View Post
    I don't see the name change petition form online. Should we assume that the form you submitted to the court requesting the name change included the representation that you had not previously changed your name as an adult?

    Honestly, it's hard to believe it's something that you would forget.

    You know what your name was after your name was changed back to your father's. You know what your name was when you petitioned for a name change last year. At that time was your name the same as it was after the childhood name change, or was it different? When you looked up the court records from 2001, what did you discover?
    Yes, there is a ticker indicating that I am not knowingly breaking the cited statute.

    I haven't yet gotten that far (looking up court records) as I just received the notice; I'm not really even sure how I would go about looking up the court records. In any case, in my recollection is that the second childhood name change occurred when I was 16 (which would be 1998 or '99, not 2001). I'm not sure if some paperwork got delayed on that or something back in those days.

    Quote Quoting Mr. Knowitall
    View Post
    Should we infer that you obtained an order approving your name change from the court, but that it was rejected by the Department of Vital Records some months after the court issued the order? How much time did you wait between when you obtained the order and when you submitted it to the Department of Vital Records?
    As I said, Vital Records was experiencing some kind of back up when I initially ordered it back in July 2011. According to the Registrar of Deeds here in my county, only Vital Records in the capitol has the ability to process birth certificates. That means it has to handle birth certificate requests from all 100 counties. Due to this bureaucratic method, many months passed (got the letter on March 1) until I even knew about this problem. I foolishly assumed (I guess) that somehow these departments (social security, vital records, et cetera) were somehow officially related, and if there was any problem with the process I would be rejected with one the same as all the rest.

    Thanks for the reply, though the idea of going to my old name is highly troubling for me; for the inconveniences in record-changing, of course, but more in the arena of the social aspects i.e. having to explain it to my new boss, word getting 'round, et cetera. Plus, I despise that name. I shall consult with a lawyer, I suppose. Thank you, again.

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