Ask a Lawyer

Question:
120
Add details

Questions & Answers by Practice Area

Questions & Answers by State

Recent Questions & Answers

Q: I'm planning on putting my kids father(we have 2 kids)on child support. He receives ssd and is getting backpay from 2009

1 Answer | Asked in Social Security for Florida on Aug 3, 2014

Answered on Jan 28, 2015

Follow Question


Robert Jason De Groot's answer
Go see a family lawyer near you. The children should be receiving disability benefits.

Answer this Question View More »

Q: Husband/Wife divorce in GA. Both move to AL. (Ex) Husband dies in AL. Issues with divorce decree. Which state presides?

1 Answer | Asked in Divorce for Alabama on Jan 3, 2015

Answered on Jan 28, 2015

Follow Question


Mr. James Parrish Coleman's answer
Divorce issue first: if you and he were divorced and that decree was final, then you have no marital right to any of his property. Any spousal rights were extinguished by the divorce.

Probate issue: Alabama law governs his estate. The order of the court is not a Last Will and Testament of the dead spouse. His "literal, verbal" wishes are not enforceable unless they are in the form of an Alabama will, that is -- a written document disposing of all of his property which is signed or...

Answer this Question View More »

Q: Plaintiff states that the parties herein are owners of real property, Does this mean that we own a house or land?

1 Answer | Asked in Divorce for Alabama on Jan 5, 2015

Answered on Jan 28, 2015

Follow Question


Mr. James Parrish Coleman's answer
If your question is, can your wife buy a house without your knowledge and mortgage that house, I would say yes, unless the house is your homestead. If the house is your marital home, neither party can mortgage that house without the consent of the other. The divorce court will decide who has what right to property that was either used or acquired during the marriage. If the house she bought fits that description, then it may be divisible marital property which the Court will divide between the...

Answer this Question View More »

Q: Divorce

1 Answer | Asked in Divorce for Alabama on Jan 19, 2015

Answered on Jan 28, 2015

Follow Question


Mr. James Parrish Coleman's answer
You have presented far too few facts to give an answer. Six years is a pretty short time to ask for alimony. What are your needs? What is his ability to pay? What is your ability to earn an income? Who has custody of his son from a previous marriage? Is that son a minor? Are you divorced? You need to see the advice of counsel and give the whole story so you can be properly advised.

Answer this Question View More »

Q: Can my ex wife come after my new wife's personal assets if she were to decide she needed more child support??

1 Answer | Asked in Divorce for Alabama on Jan 27, 2015

Answered on Jan 28, 2015

Follow Question


Mr. James Parrish Coleman's answer
The short answer to the question just as asked would be no. However, child support is based on the paying parents income from any source. If, for example, your new wife owned property -- and income from that property was directed to you alone, that income could be part of a child support calculation. Simply put, Rule 32 of the Alabama Rules of Judicial Administration consider your income -- not the assets of your new wife.

Answer this Question View More »