Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Family Law for Alabama on
Q: Relinquish non custodial parent right's who does not provide care nor financial support for our child.

My child is 7 years old and her father does not provide any financial support. If pressed too hard for help will disappear for months to years on end. Will not voluntary give up rights and is not named on birth certificate. Never established paternity he has never held a job down for more than 6... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2019

He does not have any rights. However you can terminate what ever potential rights he may have if you are confident he is the biological father. This is called a Termination of Parental rights.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My father passed away over 3 weeks ago and we have not yet recieved a death certificate. What should I do?

We spoke to the funeral director and they said the physician had not signed the certificate and they were waiting on that.

Who should I call about this situation? My father had bills that are not accumulating late fees and etc and I dont know what to do.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 27, 2019

You should talk to an attorney and learn if it is necessary for you to open an estate for your father. You, and any of your father's other "heirs at law" (children and spouse) are not responsible for bills that he alone owes. However, those who are owed that money may have a claim against any... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on
Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How can I get child support dropped if my children’s Mother agree to dropping it

I have 3 Kids I’m paying for on child support the oldest is 19 he doesn’t stay with me or the mother I’m still paying also my 17 year old doesn’t stay with either of us as well and my youngest stay with me but I’m paying. She told her social worker she wanted to drop the child support a... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 18, 2019

You can go to court and petition to drop the support, but you've got to show the court why. Just because she wants to is not enough of a reason.

1 Answer | Asked in Child Support for Alabama on
Q: Can child support be transferred from a state that ends support at 19yo to a state that ends at 18yo just to end support

The noncustodial parent lives in Florida. The custodial parent and child lives in Alabama. The noncustodial parent thought he was done with child support when the child reaches 18, however in Alabama its 19yo. He now wants to petition the court to transfer the case to his state so that he can get... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 8, 2019

Another imaginative idea from a person who does not understand the law. That won't work. The case stays where the child is.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My 17 yr old daughter left home without consent & living in a hotel with her abusive 20 yr old boyfriend. Is this legal

I despise this young man. He is controlling, abusive & won't let her have friends. They have split up several times but she always takes him back. I am desperate to get her away from him. What are my options?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 15, 2019

If you do so before she is 18 you can file a CHINS petition. That is your best option. Get in touch with an attorney in your area and get this done. That is a court petition that can be filed through the juvenile court that says she is in need of supervision.

2 Answers | Asked in Consumer Law and Collections for Alabama on
Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 11, 2019

A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex-husband and I waived our rights to alimony and child support. If I remarry can he sue for child support?

Our plan is to work toward 50/50 when I become more financially stable.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 26, 2019

First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.

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
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
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
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
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
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
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
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
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
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
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
Mr. James Parrish Coleman answered on May 12, 2019

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.