Mr. James Parrish Coleman's answer You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.
Mr. James Parrish Coleman's answer ALimony in gross or periodic alimony? The latter can be contested any time. The former cannot if it is in the nature of a property settlement after 30 days (or 4 months in the case of fraud or at any time if there is a fraud on the Court). I assume this is an Alabama judgement. You need a lawyer to look at this and make sure you have no relief under rule 60.
1) When the mother and father are married and a suit for divorce is filed, and there are minor children.
2) When the father and mother are not married, but where both are the biological parents of a child, and when the child is a minor. The suit for child support can go back up to 24 months from the date of filing in asking for support. THe mother can also ask for expenses of prenatal care and expenses of labor and delivery....
Mr. James Parrish Coleman's answer No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be recognized by a court at any time. Here is what it takes to be married by common law in Alabama. If, before January 1, 2017, a couple lived together as husband and wife, and both at that time intended to...
Mr. James Parrish Coleman's answer I agree with Mr. Oncale. You have to go back to Court. His advice is good with respect to doing the calculation before you go. You might end up paying more for one child than you were for two children depending on you income and the income of the mother. The fact that you have more expenses in Florida with your new family is not relevant.
Mr. James Parrish Coleman's answer Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and give you a good answer, but in a word..... no.
Mr. James Parrish Coleman's answer A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got married. Look at the records of marriage licenses in the state and county where you believe the person was married before.
Mr. James Parrish Coleman's answer You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.
Mr. James Parrish Coleman's answer You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.
Mr. James Parrish Coleman's answer You did not say how old he is. If he is self supporting and 18 years old, he might be able to be emancipated. Otherwise, you have to keep paying support...... but you should be ordered to pay it to the people who are supporting your son. If he has moved out.... what don't you ask for custody of him?
Mr. James Parrish Coleman's answer Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Mr. James Parrish Coleman's answer You have no custodial rights just because you are on the birth certificate or paying support. Parenting issues must be settled in the Court. THose issues are NOT part of the DHR child support cases. WHile it is very common to hear the child support DHR matter at the same time a custody matter is heard, DHR deals in money, not custody. Go to court if you want visitation.
Mr. James Parrish Coleman's answer If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
Mr. James Parrish Coleman's answer Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Mr. James Parrish Coleman's answer No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
Mr. James Parrish Coleman's answer Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
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