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Questions Answered by Mr. James Parrish Coleman

1 Answer | Asked in Family Law and Child Support for Alabama on

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.

Mr. James Parrish Coleman answered on Jun 20, 2019

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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

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 »

Mr. James Parrish Coleman answered on Jun 13, 2019

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 »

1 Answer | Asked in Child Support for Alabama on

Q: How long does a father pay child support after graduation? Child lives with mother plans to go to attend college.

Mr. James Parrish Coleman answered on Jun 13, 2019

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.

1 Answer | Asked in Child Support for Alabama on

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

Mr. James Parrish Coleman answered on Jun 11, 2019

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.

1 Answer | Asked in Child Custody for Alabama on

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?

Mr. James Parrish Coleman answered on Jun 3, 2019

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 »

1 Answer | Asked in Child Custody for Alabama on

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 »

Mr. James Parrish Coleman answered on Jun 3, 2019

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

1 Answer | Asked in Family Law for Alabama on

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 »

Mr. James Parrish Coleman answered on Jun 3, 2019

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.

1 Answer | Asked in Child Custody for Alabama on

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?

Mr. James Parrish Coleman answered on Jun 1, 2019

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

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 »

Mr. James Parrish Coleman answered on May 30, 2019

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.

1 Answer | Asked in Domestic Violence and Criminal Law for Alabama on

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.

Mr. James Parrish Coleman answered on May 12, 2019

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 »

1 Answer | Asked in Child Custody for Alabama on

Q: How much does it cost to file the first petition for child custody in Alabama?

Mr. James Parrish Coleman answered on May 12, 2019

Google the clerks office in your county and learn the fee.

1 Answer | Asked in Domestic Violence for Alabama on

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.

Mr. James Parrish Coleman answered on May 12, 2019

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.

1 Answer | Asked in Child Custody for Alabama on

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 »

Mr. James Parrish Coleman answered on May 1, 2019

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 »

1 Answer | Asked in Child Support for Alabama on

Q: Child support

I signed my son father up for child support thru the dhr office in August of 2018 and they keep telling me that they haven’t verified his address when I gave them his right address and his work address. Is there anything I can do to move the process alone faster ?

Mr. James Parrish Coleman answered on Apr 9, 2019

They must have his address so they can serve him. If you want to move things along, help them find him.

1 Answer | Asked in Family Law for Alabama on

Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?

Their dad doesn't have a license and their grandfathers should be revoked, their grandmother is ill and isn't in her right mind. This isn't for personal gain this is for my kids

Mr. James Parrish Coleman answered on Apr 8, 2019

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.

1 Answer | Asked in Divorce for Alabama on

Q: Can I now contest an alimony judgement after 7 years

I wasn't fully mentally or emotionally functioning when I signed the agreement

Mr. James Parrish Coleman answered on Apr 8, 2019

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... Read more »

2 Answers | Asked in Child Support for Alabama on

Q: When is it okay to sue a father for child support?

Mr. James Parrish Coleman answered on Apr 8, 2019

A suit for child support can be filed in these cases:

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...
Read more »

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1 Answer | Asked in Adoption and Child Custody for Alabama on

Q: Can I file a petition for custody of a child that is not related to me? She does not want to go back home.

She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.

Mr. James Parrish Coleman answered on Mar 25, 2019

Yes, you can file a private custody petition in the juvenile court. You will have to show that both parents are unfit to have custody of the child and that you are.

1 Answer | Asked in Family Law for Alabama on

Q: How long does a person live with someone before they are considered common law married in Alabama and one still married

To someone else

Mr. James Parrish Coleman answered on Mar 25, 2019

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... Read more »

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