Questions Answered by Mr. James Parrish Coleman
Q: My daughter is 18 and will turn 19 in May. I pay current and arrears. Can I end the current support and only
Mr. James Parrish Coleman's answer
You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.
You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.
Q: I hired a dock building company to do some work.
Mr. James Parrish Coleman's answer
Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would have to sue them and get an order that says they will specifically perform. It is not really likely that a court would do that.
Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would have to sue them and get an order that says they will specifically perform. It is not really likely that a court would do that.
Q: What is a reconciliation between parties in a divorce? After a year the husband continues adultery can divorce start?
Mr. James Parrish Coleman's answer
A reconciliation is where the parties get back together. I don't understand the rest of your question.
A reconciliation is where the parties get back together. I don't understand the rest of your question.
Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,
Mr. James Parrish Coleman's answer
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.
Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of
Mr. James Parrish Coleman's answer
DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.
DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.
Q: my dad recently died and he was married to my mom who is already dead i am 17 and married and i am legally his daughter
Mr. James Parrish Coleman's answer
I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process has to be followed by opening an estate in the probate Court
I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process has to be followed by opening an estate in the probate Court
Q: Legal Options for Co-ownership of mortgaged property.
Mr. James Parrish Coleman's answer
If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the trouble to go to an attorney and attempt to draft some document that would secure the ownership interest in the house in you and your brother. Now, based on e mails and other things between the three...
If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the trouble to go to an attorney and attempt to draft some document that would secure the ownership interest in the house in you and your brother. Now, based on e mails and other things between the three...
Q: I have custody of my 7 year old grandson who was recently diagnosed with Autism. Can I ask for cs from bio-parents?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Mr. James Parrish Coleman's answer
You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.
You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.
Q: I am seeking child support but everytime they try to serve him the papers they can never find him what can I do
Mr. James Parrish Coleman's answer
This is much harder than you might first imagine. If you are attempting to get child support in a case where you were never married to the person the rules of Juvenile Court apply, and you cannot serve him by publication. If is it a marriage, you can serve by publication. You need to hire an attorney to look at your facts and tell you what to do. ALso, you might consider hiring an investigator to find the person.
This is much harder than you might first imagine. If you are attempting to get child support in a case where you were never married to the person the rules of Juvenile Court apply, and you cannot serve him by publication. If is it a marriage, you can serve by publication. You need to hire an attorney to look at your facts and tell you what to do. ALso, you might consider hiring an investigator to find the person.
Q: My husband has not seen his son by his ex wife in eight years and in the divorce decree he was supposed to be sending
Mr. James Parrish Coleman's answer
He owes support for all the time that she was gone. He needs to get into Court and deal with this and establish parenting time with the child. YOu have a lot of questions here without many facts. Why didn't he see the child? Was he seeing the child before she left?
He owes support for all the time that she was gone. He needs to get into Court and deal with this and establish parenting time with the child. YOu have a lot of questions here without many facts. Why didn't he see the child? Was he seeing the child before she left?
Q: Can we go back to court to modify visitation? Ncp refuses to keep visitation.
Mr. James Parrish Coleman's answer
Yes, you can go back to court and ask the judge to suspend his visitation for not complying with the graduated schedule. The point you must make is that this is bad for the children. I do not understand your comment that he went back to court for visitation to avoid paying support. He will have to pay support no matter what. You need to hire an attorney who practices in your county and before the judge in your case. Listen to what he or she tells you. Good luck.
Yes, you can go back to court and ask the judge to suspend his visitation for not complying with the graduated schedule. The point you must make is that this is bad for the children. I do not understand your comment that he went back to court for visitation to avoid paying support. He will have to pay support no matter what. You need to hire an attorney who practices in your county and before the judge in your case. Listen to what he or she tells you. Good luck.
Q: My fiance's ex is not allowing him to see his daughter even tho there's a court order for visitation. What can he do?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Oct 27, 2018
Answered on Oct 27, 2018
Mr. James Parrish Coleman's answer
Sure she can be held in contempt if she is willfully disobeying the court's order. Get an attorney and file an action to have her show the court why her conduct does not constitute contempt.
Sure she can be held in contempt if she is willfully disobeying the court's order. Get an attorney and file an action to have her show the court why her conduct does not constitute contempt.
Q: Can a 16 year old leave home with her child to live with her baby daddy ? Or is it illegal
Mr. James Parrish Coleman's answer
You are a minor and you getting pregnant and having a baby does not change that.
You are a minor and you getting pregnant and having a baby does not change that.
Q: If someone is two years behind on child support payments, how much would need to be paid to avoid getting a warrant?
Mr. James Parrish Coleman's answer
ALways a good question! The smart thing would be to start making payments. I suspect these payments etc are set up through DHR. If you will contact them -- with a fist full of money -- they will allow you to pay current support and the arrearage. Good luck.
ALways a good question! The smart thing would be to start making payments. I suspect these payments etc are set up through DHR. If you will contact them -- with a fist full of money -- they will allow you to pay current support and the arrearage. Good luck.
Q: How does a teenager have to be to choose which parent to live with?
Mr. James Parrish Coleman's answer
A teenager (minor) can't choose who to live with. You can't choose. Simple as that.
A teenager (minor) can't choose who to live with. You can't choose. Simple as that.
Q: My husband and I share joint legal custody. I have physical custody. Can I give my child's father temporary custody.
Mr. James Parrish Coleman's answer
You can only do that through the Court. You don't have the power or authority to modify the Court's order.
You can only do that through the Court. You don't have the power or authority to modify the Court's order.
Q: I am working for a EMS company currently. The company I’m working for now purchased my tuition contract from my previous
Mr. James Parrish Coleman's answer
You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.
You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.
Q: I'm 19 and I just left home in the state of Alabama but I'm still in high school can my dad pull me out ?
Mr. James Parrish Coleman's answer
Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not want to.
Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not want to.
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