Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.
I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... Read more »
Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... Read more »
i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.
You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... Read more »
My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »
If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... Read more »
Her and her mother threaten my son with not being able to see his baby if he doesn't jump to her every demand. They are 18 and 19. It will be a bigger issue once the baby gets here. Were do I start legally helping him establishing his rights
The first thing your son has to do is learn what his rights are. If he wants a right to the child he is going to have to go to court. He should sign the birth certificate. If they attempt to stop him, he should register with the Putatative Father's Registery (Ala. Code 26-10C-1). After the... Read more »
The first question in cases like this is "what court will hear your request for visitation." You don't say if there is a court order establishing paternity and ordering child support. That is important. If the child is an Alabama resident, Alabama may be the right court. Or, if the... Read more »
She's be making threats if I don't pay her gas bill at her place of Resident she said that she would put me on child support and I have proof of the threat I also have proof that my son is in my custody 5 days and 5 nights a week...what should I do
You should go to court and ask for custody of the child and have her pay support to you if you have the child 5 our of seven days.
Girl got pregnant, and started dating her husband 1.5 months into pregnancy. They got married and he is signing the birth certificate and wants to adopt the child. What needs to be done and would I have any financial responsibility if he signs the birth certificate and I wouldn't see the... Read more »
The legal father of the child is the man to whom the mother was married. If he never denies the child, and accepts the child as his, you cannot be held responsible for the child and you also cannot assert any right to the child. See Ex Parte Presse.
I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?
Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.
Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?
You should go look at the probation order that you received from the Court. You signed it. If it requires you to do things -- then you do it. Continue with the program. The order is often a yellow page out of a form. In any event, that will tell you what you have to do. You just have to do what it... Read more »
I don't want to have to pay for neither one. We both make around the same amount of money !
Birmingham, al.
If she gets custody of the child you will certainly pay child support based on your income and her income. Alimony in a 5 year marriage is unlikely, given the changes in the law concerning alimony. There is no way for anyone to tell you how your case will be resolved concerning these issues without... Read more »
Me$415 a month I'm on SSDI can't work they take $100 a month out of my check an charge me interest on the rest by my adding they should have collected all an they still taking I'm thinking that they owe me some of my money back she has never done anything for him she would take his... Read more »
Questions: is this the only child? or is he one of several for whom you are paying support from the same order? When he turned 19 or when he moved in with you, did you go back to Court and get the child support ended or reduced? Finally, is the $100 a month that is taken from your check for an... Read more »
I assume that you are the mother of the children, and that "his wife" refers to a person whom the father married before his death. The short answer is that she has no right to visitation with the children. If she were a grandparent, she would have a path to parenting time with them, but... Read more »
My daughter has graduated high school and will be attending college in GA beginning August 2020. She turns 18 next month (June 2020). She will be living on campus, with a food plan, and work a part time job while in school. Do I still have to pay her father child support even though he is not... Read more »
The short answer is yes. The only way to get you where you want to be is if she asks to be emancipated, which she can do if she is self supporting and 18 years old.
My son’s father and I have never been married but since our separation we have gotten joint custody and I regret this decision. Reason being is there is always a communication gap on his end, I have to always follow up to ensure that my son is doing his schoolwork, given his medicine when... Read more »
Can you get it back? You can certainly try. If you and the father were awarded joint legal and joint physical custody you only have to show that it would be in the best interest of the child for you to be awarded physical custody. This is called the Couch standard named after a case called Ex... Read more »
I have been in the kids lives since they were babies. Bio dad lost visitation in 2017 due to domestic violence and a history of child abuse. DHR removed them from his home and placed them with us giving them a protective order from dad. Mom just passed and now dad wants them back. I filed for a... Read more »
It is imposible to handicap your facts, however, if the children are doing well with you while in the custody of the state and placed with you, you are in a good position to prevail in a private custody petition.
I've always been in my children's lives.Me and the Mother although together didn't live together due to car accident I was involved in caused me to not be able to work for some time and we lost our home so only maybe a week out of a month we managed to all stay at either hers or my... Read more »
You have rights, but you have to assert them in Court. You were a necessary party in the custody proceeding you mentioned because you are the presumptive father. Did you go to Court? Why not if you didn't?? What evidence was adduced in that proceeding that kept you from having custody?
He, the defendant, signed the answer and waiver and the agreement. Attorney filed the paperwork in court. Now my spouse has decided he wants to fight and is threatening to rescind the paperwork already filed. I am not in agreement and have no wish to reconcile. Can he as the defendant rescind... Read more »
You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.
What you have to do depends of the facts of your matter. I would be glad to speak to you on a video conference if you would like. Contact my office.
Yes. Interest first.
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