Questions Answered by Mr. James Parrish Coleman
Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?
I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.
If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »
Q: How can I get child support dropped if my children’s Mother agree to dropping it
I have 3 Kids I’m paying for on child support the oldest is 19 he doesn’t stay with me or the mother I’m still paying also my 17 year old doesn’t stay with either of us as well and my youngest stay with me but I’m paying. She told her social worker she wanted to drop the child support a... Read more »
You can go to court and petition to drop the support, but you've got to show the court why. Just because she wants to is not enough of a reason.
Q: Can child support be transferred from a state that ends support at 19yo to a state that ends at 18yo just to end support
The noncustodial parent lives in Florida. The custodial parent and child lives in Alabama. The noncustodial parent thought he was done with child support when the child reaches 18, however in Alabama its 19yo. He now wants to petition the court to transfer the case to his state so that he can get... Read more »
Another imaginative idea from a person who does not understand the law. That won't work. The case stays where the child is.
Q: My 17 yr old daughter left home without consent & living in a hotel with her abusive 20 yr old boyfriend. Is this legal
I despise this young man. He is controlling, abusive & won't let her have friends. They have split up several times but she always takes him back. I am desperate to get her away from him. What are my options?
If you do so before she is 18 you can file a CHINS petition. That is your best option. Get in touch with an attorney in your area and get this done. That is a court petition that can be filed through the juvenile court that says she is in need of supervision.
Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt
Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?
A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »
Q: My ex-husband and I waived our rights to alimony and child support. If I remarry can he sue for child support?
Our plan is to work toward 50/50 when I become more financially stable.
First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.
Q: How do I stop wage garnishments that we’re supposed to be ended by a judges order?
A stop withholding order was issued by a judge but my paychecks are still being garnished months later. I was current on all payments and not behind at all. Do I contact my employer or the child support payment system? My lawyer hasn’t responded.
It is a simple process to file to stop an IWO once there is a Court Order to do so. I see that you are represented by counsel, so you need to contact your lawyer. I assume there is a Court Order saying you no longer owe support and have no arearrage.
Q: I have filled for a modification of my support an a date has been set what happens if I cant make it to court
Your petition to modify will be denied.
Q: Adultery, Divorce, Custody/Child Support and Alimony
My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »
You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »
Q: How long does a father pay child support after graduation? Child lives with mother plans to go to attend college.
Child support is payable until the child is 19 years old. If the child is self supporting, then the payor must go to court and show that.
Q: Once child support is set are you required to go back to court to modify the amount as incomes change
She wants to go back with tax returns to modify for more
Child support can be modified when there is a change in income of 15% or more. You have to go to Court to do that.
Q: After age 19, is it true that a child in AL in college CAN’T get a part time job in order for child support to continue?
The child will still be primarily supported by the custodial parent. For child support to continue by the non-custodial parent past age 19, is the child NOT allowed to have a part time job while in college?
First, when was the order rendered? If the order is after a case called CHristopher, then no child support can be ordered after the child turns 19. If the order is pre-Christopher, then college expenses can be part of the order. However, the amount of the support is based on need and would depend... Read more »
Q: My wife and i seperated in Dec. It is now June and she has currently been living with another man ever since she left
She has no job and hasn't had one in over two years. She depends on him and he barely works 40 hours a week. They constantly leave firearms laying around in the living room and on counter tops where her oldest (5 years old who she only gets every other weekend and is supposed to be paying child... Read more »
You are on the right track in filing for a divorce. You should ask for custody of the child and be ready to try the case. Your best option? Hire an attorney who knows how to try a case like this. You should ask for custody of the child during the pendency of the divorce
Q: Mother is married for immigration purposes. How can the husband disestablish paternity without going to court?
Mother married an immigrant so he can get his green card. Biological father wants to see his kids but the mother refuses to let him see his children. He took her to court and told the judge she is married. By law the immigrant is the legal father. The biological father hasn’t seen his children in... Read more »
You can get all of this done with a court order, but you can't do it without going to Court. The mother should file a paternity action in the county where she and the children live.
Q: Can the biological father get custody of his kids if the mother is married?
Mother is married. Is there anyway to get around this besides doing an establishment of attorney?
If the child was born during a marriage, the legal father of the child is the husband of the mother. If he does not deny the child, then the biological father has no rights to the child and cannot even bring a lawsuit. See a case called Ex parte Presse. There is no way around this. The situation is... Read more »
Q: Do I need to petition for custody?
I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... Read more »
DHR can only help you with support. If you want to settle custodial issues you must file your own action. The court will hear both of them at the same time, however.
Q: Man and woman have baby together and man gets in physical fight with COUSIN of woman can that be domestic violence?
Police had to get involved to control situation.
Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1 ,... Read more »
Q: How much does it cost to file the first petition for child custody in Alabama?
Google the clerks office in your county and learn the fee.
Q: I plead guilty to domestic violence/harassment in the 3rd over 10 years ago. Can I still obtain a conceal carry permit?
I have NEVER been charged with a felony nor have I had any legal trouble since 10-12 years ago.
THe answer is probably no. If you have been convicted (which you have by pleading guilty and accepting a conviction) you are not eligible to carry a concealed weapon.
Q: I had a child with a married woman, what can I do to establish custody?
A month before she was due she told me she had an abortion but yesterday I found out she had the baby, I had no clue she existed, we don't live in the same town and I really believed she had a miscarriage. She kept the whole pregnancy a secret and no one even knew she was pregnant until this... Read more »
THis is always an interesting situation. If the married woman has a baby, and the husband (who is the legal father of the baby -- not just the presumptive father ) accepts the child as his own, there is nothing you can do. (See a case called Ex Parte PResse) The question for you is this: does the... Read more »
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