Questions Answered by Mr. James Parrish Coleman
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.
Q: Can a judge make me move back after moving to another state if there is no custody agreement?
Mr. James Parrish Coleman's answer
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
Q: Can I have future CS pymts stopped since I let my daughter move in with her father?
Mr. James Parrish Coleman's answer
Your smart move would be to go to Court and have the support modified, and let what he owes you from the past -- assuming that he still owes you -- will be applied to what you now will owe him in support payments. Yes, that's right, you will now have to pay child support to him if he has the child.
You should not just do this informally.
Your smart move would be to go to Court and have the support modified, and let what he owes you from the past -- assuming that he still owes you -- will be applied to what you now will owe him in support payments. Yes, that's right, you will now have to pay child support to him if he has the child.
You should not just do this informally.
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?
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