I bought a used car from a private owner who lives in Georgia (we live in Alabama). He sold it to us for $5200 but ended up giving us $400 back the day of the sale because he forgot to tell us that the title was in the hands of a used car dealer instead of him & that I’d have to pay the fees.... View More 
answered on Apr 5, 2023
Hello. Thank you for your question. It sounds like you purchased the car in Georgia. Because purchase was in Georgia, Georgia state law would control the remedies available to you. If you had purchased in Alabama, Alabama is a "buyer beware" state. Meaning, as is purchases are final once... View More
He employs still the same lawyer that represented him in the divorce, and we are about to enter a lawsuit and Family Court
answered on Apr 5, 2023
Hello. If you sent him Discovery in your divorce, then you and your attorney in that matter would have received his answers so no need to ask his attorney to reproduce items you received. Best of luck in your next case.
answered on Apr 5, 2023
Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!
What would the legal ramifications be if a vehicle is repossessed after a divorce decree? In the decree, I was responsible for paying the loan (in my. name) for her 4-Runner. I've had job changes and am making less money now. I am currently 2 payments behind and not sure I will be able to... View More
answered on Apr 5, 2023
Hello. Thank you for your question. Without knowing if you had a trial or reached settlement prior to trial, you may be subject to a Contempt action, modification of other provisions in the Agreement or Decree, and paying court costs/ her attorney fees.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
answered on Apr 5, 2023
Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.
Non Contested. Father walked out on me and our child in 2021 moving to MS as me (mom) and our child reside in AL. Filed for child support Dec 2021 through DHR. Case was sent to MS where father resides. His court date was last month. He was a no show. The judge place an order. Am I allowed to... View More
answered on Apr 5, 2023
Hello. Thank you for your question. You can contact the court clerk (or the equivalent) in the county where your case is in MS and obtain a copy of the order. Best of luck!
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... View More
answered on Feb 25, 2022
Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere... View More
answered on Feb 24, 2022
Hello. No, divorce decrees are public records. They do not contain personal information like income, credit card numbers, or anything financial. Money/amounts owed would be the only thing listed in a decree. Thanks for your question.
answered on Feb 21, 2022
Hello, thanks for your question. It depends on facts that are not listed in your question. You can file for visitation, modification, and maybe contempt if you've already been given visitation in an order. Anything filed would be on the Court where the last order was issued. Best of luck!
My son is 19 in college and is now a father. We are trying to do the right thing. He does not have a job and is on full athletic scholarship. The baby is in alabama. Is he required to pay child support while in college?
answered on Feb 18, 2022
Thank you for the question. Yes, it does not matter if he is in college. He is an adult under the law and has an obligation of support to his child. Best of luck!
My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... View More
answered on Feb 16, 2022
Thank you for your question. No, that is not how child support is calculated. It should have been recalculated according to Rule 32 guidelines. A modification to recalculate should be filed to address the remaining child and enter an IWO so the arbitrary reduction in payments do not happen again.... View More
The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... View More
answered on Jan 13, 2022
Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... View More
answered on Jan 12, 2022
Thank you for your question. Nineteen is the age of majority in Alabama. If your child is completely self-supporting financially, and you can prove it, then the Court may allow a modification but it's not a guarantee based on what you've said. Best of luck!
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More
answered on Nov 1, 2021
As said, you need to have a consultation with an attorney in your area. You have several big issues going on that may have implications re: custody. Best of luck!
Is she considered emancipated, leaving at 18 for the military?
answered on Jun 11, 2021
Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... View More
answered on Mar 1, 2021
Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!
answered on Feb 22, 2021
Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... View More
answered on Dec 16, 2020
Hello. You will need to file a motion with the Court. Best of luck!
The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... View More
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
answered on Nov 18, 2020
It does not automatically stop. You have to ask the court to modify and recalculate support. Best of luck.
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