Questions Answered by Mr. James Parrish Coleman
Q: How do I get started getting child support and custody of my daughter? We have a mutual agreement that he doesn't follow
Mr. James Parrish Coleman's answer
You have to go to court and get an order. You need a lawyer. If you can't afford one, see if there is an organization in your area that will represent you for free.
You have to go to court and get an order. You need a lawyer. If you can't afford one, see if there is an organization in your area that will represent you for free.
Q: Does custodial parent relocating > 150 miles from current residence and NCP often result in NCP being awarded CP?
Mr. James Parrish Coleman's answer
All of this is fact driven. If a parent relocates he or she must follow the Alabama child relocation act. The presumption is that a child should not be relocated. What happens depends on the fact of the case.
All of this is fact driven. If a parent relocates he or she must follow the Alabama child relocation act. The presumption is that a child should not be relocated. What happens depends on the fact of the case.
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.
Mr. James Parrish Coleman's answer
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
Q: can i contest my divorce ?
Mr. James Parrish Coleman's answer
Under Alabama law, you probably condoned the adultery by having sex with him after you knew about it. Besides, a mere episode of sex with another person - alone - will not support a ground for divorce of adultery. Other than that, you are entitled to your share of the divisible marital property. If this is an alimony case depends on your needs and income vs. his needs and income. If he made considerably more money than you do, then he may well be ordered to pay support to you. These things are...
Under Alabama law, you probably condoned the adultery by having sex with him after you knew about it. Besides, a mere episode of sex with another person - alone - will not support a ground for divorce of adultery. Other than that, you are entitled to your share of the divisible marital property. If this is an alimony case depends on your needs and income vs. his needs and income. If he made considerably more money than you do, then he may well be ordered to pay support to you. These things are...
Q: What are the steps you take by taking someone off of child support in Alabama?
Mr. James Parrish Coleman's answer
You can't elect to "take someone off child support" The child can turn 19. Please reply and say specifically what your facts are and what you are trying to do.
You can't elect to "take someone off child support" The child can turn 19. Please reply and say specifically what your facts are and what you are trying to do.
Q: NCP will not return our child, nor will he answer phone calls. NCP is not on birth certificate.
Mr. James Parrish Coleman's answer
A child support order does not set up any visitation schedule. Go to Court with this right now. WHen you decided to co-parent, did it occur to you to establishing something in a court order? He has no more right to the child than I do if there is no presumption of paternity or court order. However, you should do now what you failed to do before..... go to COurt and have him adjudicated the father, and then have the Court set up visitation.
A child support order does not set up any visitation schedule. Go to Court with this right now. WHen you decided to co-parent, did it occur to you to establishing something in a court order? He has no more right to the child than I do if there is no presumption of paternity or court order. However, you should do now what you failed to do before..... go to COurt and have him adjudicated the father, and then have the Court set up visitation.
Q: Can the custodial parent get additional support if our children have been diagnosed with adhd?
Mr. James Parrish Coleman's answer
I assume this is an Alabama matter. Medical expenses of minor children are to be divided equally if not covered by insurance.
I assume this is an Alabama matter. Medical expenses of minor children are to be divided equally if not covered by insurance.
Q: My husband and I married on 2004 them divorced in 2006. We were back together less than 3 months later
Mr. James Parrish Coleman's answer
If you did all of those things before January 1, 2017 you just might be married by common law. You see, the Alabama legislature abolished common law marriage in this state to keep those pesky same sex couples from easily being married to one another. If you can establish the elements of a common law marriage before January 1, 2017 you might be able to convince a court to divorce you and then you would be entitled to whatever any other married person would be entitled to.
If you did all of those things before January 1, 2017 you just might be married by common law. You see, the Alabama legislature abolished common law marriage in this state to keep those pesky same sex couples from easily being married to one another. If you can establish the elements of a common law marriage before January 1, 2017 you might be able to convince a court to divorce you and then you would be entitled to whatever any other married person would be entitled to.
Q: I got a new car from the dealership. The car was not financed. I returned the car. The dealer says I owe them.
Mr. James Parrish Coleman's answer
I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales contract, or better yet, hire an attorney. Many people believe they can take a car back within a certain time and "undo" the contract. That "cooling off" period does not apply here. Get an attorney
I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales contract, or better yet, hire an attorney. Many people believe they can take a car back within a certain time and "undo" the contract. That "cooling off" period does not apply here. Get an attorney
Q: My ex has been gone for 6 months but he comes and breaks into my home, breaks Windows and physical abuse? What can I do?
Mr. James Parrish Coleman's answer
You didn't say. where you married to him? Did you divorce him? Answer those questions please
You didn't say. where you married to him? Did you divorce him? Answer those questions please
Q: A Support order didn’t change yet ido was stopped by dhr.
Mr. James Parrish Coleman's answer
You probably need a lawyer to help you with this. You object to the modification of the income withholding order because of the arearage. Your remedy is with the COurt.
You probably need a lawyer to help you with this. You object to the modification of the income withholding order because of the arearage. Your remedy is with the COurt.
Q: How do I get my son mother for not taking care of him and not doing his homework with him can I keep him from her?
Mr. James Parrish Coleman's answer
Modifying custody is a very big deal. You will have to take her back to court and show the court that there has been a material change in the circumstances of the child, and that the change in circumstances dictates that a change in custody would bring such a large benefit to the child as to over come the disruptive effect of changing custody. That is a heavy burden. You would have to meet it to change custody
Modifying custody is a very big deal. You will have to take her back to court and show the court that there has been a material change in the circumstances of the child, and that the change in circumstances dictates that a change in custody would bring such a large benefit to the child as to over come the disruptive effect of changing custody. That is a heavy burden. You would have to meet it to change custody
Q: I need to ask a lawyer about a postnuptial agreement. It doesn’t allow me to type enough here. Where can I do this?
Mr. James Parrish Coleman's answer
A competent family law attorney will be glad to meet with you and review the agreement. No competent person is going to do this with an e mail.
A competent family law attorney will be glad to meet with you and review the agreement. No competent person is going to do this with an e mail.
Q: Married my 2nd wife 11 years ago. Now making a will. Is everything that I own now half hers and if I die all hers?
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Probate
for
Alabama
on
Answered on Apr 7, 2018
Answered on Apr 7, 2018
Mr. James Parrish Coleman's answer
It is difficult, if not impossible, to discuss estate planning and other testamentary issues with fragmentary information. Your wife has a right to your estate if she chooses no matter what you do. Your retirement may not be part of your estate at your death. You should contact an attorney and get a consultation so you and him or her can discuss your situation and make a rational plan that expresses your wishes.
It is difficult, if not impossible, to discuss estate planning and other testamentary issues with fragmentary information. Your wife has a right to your estate if she chooses no matter what you do. Your retirement may not be part of your estate at your death. You should contact an attorney and get a consultation so you and him or her can discuss your situation and make a rational plan that expresses your wishes.
Q: Daughter and son n law filed for divorce. Judge signed March 12, 2018. They have changed their minds. Lawyer says Judge
Mr. James Parrish Coleman's answer
If the wife and husband agree. then they file a motion under Rule 59, ARCP to vacate the divorce judgment -- THIS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE OF THE DIVORCE DECREE. If they both agree, you don't need a reason.
If the wife and husband agree. then they file a motion under Rule 59, ARCP to vacate the divorce judgment -- THIS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE OF THE DIVORCE DECREE. If they both agree, you don't need a reason.
Q: Wife moved 150 miles away w/o consent. My attorney filled for a temp order to return 3mts ago, no response what can i d
Mr. James Parrish Coleman's answer
You mention that you have a lawyer. I suggest you talk to him or her.
You mention that you have a lawyer. I suggest you talk to him or her.
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