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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to half of what I paid on the mortgage even if my name was not on the house? I have all receipts.
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 28, 2021

I see the question is asked under "Divorce" so I will assume that you are married to the person who owns the house. If the house was acquired during the marriage, or used for the common benefit of you and the other person during the marriage, then the house is subject to being divided in... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Does the state of Alabama require that divorce papers are completed by a licensed attorney?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 13, 2021

A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 24, 2021

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.

1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 3, 2021

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 »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

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.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 14, 2020

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 »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 18, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My son got a girl pregnant. The girls mother is a narcissist nutcase.

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 12, 2020

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 »

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My daughter was born in Florida her mom moved to Alabama, I pay her atleast 300 monthly she won't allow me to see her
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 17, 2020

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 »

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2 Answers | Asked in Child Custody for Alabama on
Q: My son stay with me 5 nights a week I also pay half for everything he needs plus I support him more then his mom

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

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 18, 2020

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.

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1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Girl is married while having baby and husband is signing the birth certificate. Am I responsible in Alabama?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 7, 2020

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.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 16, 2020

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.

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 2, 2020

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 »

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3 Answers | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I'm headed for a divorce after 5yrand we have a 5yr old child together , will I have to pay child support and alimony

I don't want to have to pay for neither one. We both make around the same amount of money !

Birmingham, al.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 28, 2020

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 »

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1 Answer | Asked in Child Support for Alabama on
Q: I have a child that is fixing to turn 24yrs he came to live with me at 18 Year of age until he was 22 they still chargin

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 26, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: My x died a month ago leaving me w/sole custody.His wife wants the same visitation as he had.What are her rights?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 19, 2020

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 »

2 Answers | Asked in Child Custody for Alabama on
Q: What is the definition of 'self supporting' according to the state of Alabama?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 11, 2020

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.

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1 Answer | Asked in Child Custody for Alabama on
Q: Am I able to get full custody back for my son after having joint custody (never married)?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 11, 2020

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 »

1 Answer | Asked in Family Law for Alabama on
Q: How likely am I to win a dependency hearing as a step parent against the bio father after mom has passed?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 11, 2020

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.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What rights do I have as a father in AL.Was never married but I'm on B.C.Her parents have temp.cust.Where does leave me?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 10, 2020

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?

2 Answers | Asked in Divorce for Alabama on
Q: My husband and I just filed a no fault, uncontested divorce in Alabama. I am the plaintiff.

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 10, 2020

You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.

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