Questions Answered by Mr. James Parrish Coleman
Q: Child support
Mr. James Parrish Coleman's answer
They must have his address so they can serve him. If you want to move things along, help them find him.
They must have his address so they can serve him. If you want to move things along, help them find him.
Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?
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.
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.
Q: Can I now contest an alimony judgement after 7 years
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.
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.
Q: When is it okay to sue a father for child support?
Mr. James Parrish Coleman's answer
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 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....
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 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....
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.
Mr. James Parrish Coleman's answer
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.
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.
Q: How long does a person live with someone before they are considered common law married in Alabama and one still married
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...
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...
Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .
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.
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.
Q: My son is 19, he works part time but he is going to college, he has ADD, can I get more CS?
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.
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.
Q: How do you find out if someone is legally married to two people
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.
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.
Q: Can me and my wife agree to coparenting and neither one of us pay child support? Is there anyway to just be civil?
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Alabama
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
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.
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.
Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Constitutional Law
for
Alabama
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
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.
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.
Q: My son has his GED but not staying with his mother, she is still getting the child support. Can the support stopped?
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?
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?
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
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.
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.
Q: If child support was set up by DHR and no custody was established, is the mother automatically the custodial parent?
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.
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.
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Alabama
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
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.
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.
Q: Is being order to pay child support the same as a civil suit?
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:...
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:...
Q: My husband and I are separated but not divorced. There currently is no custody agreement.
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.
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.
Q: I am a 17 year old and my dad has full custody over me what legal age do I have to be to move out
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to
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
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
Q: Can I interfere with dhr custody?
Mr. James Parrish Coleman's answer
Please try this question again. What is TLC? TPR maybe? Please ask again.
Please try this question again. What is TLC? TPR maybe? Please ask again.
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