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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Divorce for Alabama on
Q: 25 yr marriage in Florida. Gave up career. Raised his 3 children. Divorce recently. Received nothing. Pls help.

Last year's of marriage, both worked & invested approx. 150,000 in historical home. Rather than sell and split profit, he let house be foreclosed on and my car be repossessed. I am 58, health problems, no home (live with elderly mom), no car since 2015 which severely limits ability for... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 15, 2018

You need to ask these questions of a Fla. Lawyer

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My husband’s ex has to pay child support she is 2 months behind how long usually till action is taken
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 14, 2018

"Action" won't be taken until he institutes some court proceeding or calls of DHR to help collect the support (if he is eligible to have that done). Legal rights are not self executing. Don't expect the "child support police" to roar around the corner to his aid. He has to collect it.

1 Answer | Asked in Divorce for Alabama on
Q: My wife has filed for divorce & wants me to leave our house immediately. How long can I stay in our home?

We’ve lived here for 8 years. The house is in my wife’s name.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 14, 2018

You can stay as long as you want to, or until a court orders you out. It does not make any difference whose name is on the deed.

1 Answer | Asked in Small Claims for Alabama on
Q: A friend's car caught on fire while I was driving it. He says "You caught my car on fire." Am I liable? Yes I was driv

His mechanic tells the "reason" for the car catching on fire. However, my friend says if I had not been driving it, and it was sitting in his yard, it would not have caught on fire. Am "I" liable?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 11, 2018

Only if your negligence or wanton conduct caused the damage. We you using the car with his permission?

1 Answer | Asked in Child Support for Alabama on
Q: If my dad is still having to pay back child support even though I’m 21 do I get the check or does my mom?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 11, 2018

Your mom, if she is the person who was supporting you when he didn't pay support.

1 Answer | Asked in Child Support for Alabama on
Q: My husband and his wife income tax was taken due to back child support, a month later he was approved for SSDI in which

I received a lump sum from SSDI and now he wants me to pay him back the income tax taken because he said it was an over payment. His layer is going to try and use rule 32. Can he do this.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 10, 2018

If money was taken from income tax for payments that he had made during a time that SSI said he was disabled, then the child support may not have been owed. At the same time, if he is disabled, then the children for whom the child support was ordered should be able to get benefits from SSI for the... View More

1 Answer | Asked in Child Custody for Alabama on
Q: Ex is in federal prison until 5/2020. I want to move to Texas

Jan hearing judge said he would give me sole custody, but hasn’t filed an order

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 10, 2018

You should contact the Court and see what is holding the order up.

1 Answer | Asked in Child Support for Alabama on
Q: if my 17yr daughter is a mother do i still have to pay child support for her
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 10, 2018

You have to pay child support to any person who is not 19 years old or otherwise emancipated.

1 Answer | Asked in Divorce for Alabama on
Q: My husband and I want a divorce, so I want alimony. Can I receive it in the state of Alabama? We have no kids.

He works, but I doesn't. No I'm not disabled. I feel he owes me for the 6 years we wasted together

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 10, 2018

You don't get alimony because you made a mistake in marrying this person. THe new law in ALabama gives you alimony for a maximum of 5 years, and only if that alimony is required to "rehabilitate" you to earn your own living. Google Section 30-2-57 of the Code of ALabama and read it.... View More

1 Answer | Asked in Family Law for Alabama on
Q: Can visitation be enforced on a graduated 18yo in Alabama?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 10, 2018

Of course.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Wife is cohabitating with affair partner with my children present. Will this effect child custody at final hearing?

We already had a temporary hearing. Divorce is final in October. We have joint custody no primary temporarily but I was fighting for sole. I live in the marital home which is owned by my father. They live in a 1 bedroom rv. Ive already had a private investigator gather evidence to prove adultry. I... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 9, 2018

It should. This is a question that you should direct to your attorney.

1 Answer | Asked in Family Law, Products Liability and Animal / Dog Law for Alabama on
Q: Have dog 5 years. Family agreed to watch our dog until we got back on our feet-6 months, he chipped him & won't return

We moved in with an uncle when he asked us to help him take care of his dying partner (bone cancer) shortly after his passing he kicked us out and said he would keep our dog until we were in a good place. We found out he had him chipped and now he will not give him back to us. We've had our... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 8, 2018

A dog is property. You can sue him. You are going to have to show that he agreed to keep the dog temporarily and that you didn't give the dog to him. GOod luck.

2 Answers | Asked in Estate Planning for Alabama on
Q: My mother is in Alabama and in poor health, she has a will leaving all property to me

Her new husband is not in the will or on the deed. They’ve been married 18 years. Who gets possession of her house after her death? She has also been a victim of elder abuse by her husband for at least the last year.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

There is no way I can answer that question without knowing whose name is on the deed to the house. If her name only is on the deed, and there is a valid will devising it to you, you will inherit the house. If there is no will, then the house would be inherited by her children and her spouse in... View More

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1 Answer | Asked in Child Custody for Alabama on
Q: I have joint legal custody of my 12 yr old and my 16 yr old my ex has told them that they have a choice whether to come

To my house. I remarried and moved in to his home and they are refusing to come on my weekends.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

THey don't have a choice. Take your ex back to court and the judge will explain that the children don't get to decide.

1 Answer | Asked in Family Law for Alabama on
Q: My child’s father is on the birth certificate and we did sign some papers after she was born but never went to court.

Can I move to GA with her?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

The person whose name is on the birth certificate is the presumed father under Alabama law. The relocation act, which you would violated applies to the following: children in a divorce or legal separation, or any other court order providing for custody. If none of those apply to you, you are not... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Can I move to GA with my child without permission from her father? We have never been to court for anything.

I plan on getting married in little over 2 years and he lives in GA. My daughter has always lived with me and I was wondering what do I have to do to be able to move with her.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

If you have never been to court, then he is not yet the legal father and you are not under a court order. You can count on him filing something in the Circuit Court. However, if you have not been to Court he does not have any custodial or visitation rights to the child. Is he on the birth... View More

1 Answer | Asked in Family Law and Adoption for Alabama on
Q: I have a friend that is pregnant and wants me to take her baby after it’s born do we need a lawyer?

Financially I can support the child but don’t have the extra money to hire a lawer

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 6, 2018

You have no idea what a mess you are about to make. The mother retains her rights to the child. What are you going to do when she decides she wants the child back when he or she is about 2-years old? What if the biological father of the child decides the same thing? Have you ever done an... View More

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: My wife lied aboit our oldest son being mine for years. Do I still have to pay CS. Since i didnt know he wasn't mine?

My wife lied for years about our oldest son being mine and I'm not sure our baby is mine. She lives in TN. And i in AL. Do I still have to pay child support since i wasn't aware he wasn't mine till years later. We're getting a divorce and she won't let me bring them to My... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 5, 2018

You have to go back to court on this. If they were born during the marriage they are legally your children. You can go to court and show that they are not your children and you probably won't have to pay support.

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