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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Divorce and Child Support for Alabama on
Q: My son is 19 attends college away from home, stays on campus and works. He is out for the summer and back home.

He is currently staying with his mom and looking for a job. Do I still have to pay child support? Now that he is 19 I don't want to be ( told or expected) to pay child support. If I do it will be because I want to help him out.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 4, 2018

If he is 19 years old and he is the only child included in the payment, you don't have to pay support. If the support payment is for him and another child or other children, then you have to go to court to stop making payments. IN any event, you don't have to pay child support for a child... View More

1 Answer | Asked in Child Custody for Alabama on
Q: What is the legal age for a person to be able to move out

I'm 18 live in Alabama I want to go live with my brother can my parents stop me??

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 2, 2018

19, unless you show you are emancipated. Their ability to do anything about it in the juvenile court is limited when you are 18. Still, you are not an adult at 18.

2 Answers | Asked in Child Custody, Divorce and Education Law for Alabama on
Q: If divorce papers say child is to go to a certain school, what can be done if ex puts child in different school?

Child, supposedly, has not been enrolled in the other school yet. But my ex has said it is planned my child will go to school different from what divorce papers say.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 2, 2018

If your spouse sends the child to a school in violation of the order, you can file a motion with the Court that will allow your spouse to explain to the judge why he or she is not in contempt of the Court's order.

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1 Answer | Asked in Child Custody for Alabama on
Q: My ex husband has full custody in al and i pay child support.can i get them while hes in jail
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 1, 2018

Maybe. You must Petition the Court to change custody.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: How can I or my child petition the court for change of living conditions?

I live in Shelby Cnty and my ex-wife lives in Tuscaloosa Cnty. My youngest has expressed the repeated desire to come live with me during a school year. Her mother keeps denying her request to spend a school year with me. What available options does my daughter or I have to get her voice and... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 1, 2018

You can go to court and attempt to modify custody. You should understand the burden that you have to carry in Court to do this. The fact that your child says he wants to live with you is not enough. Hire an attorney in the County in which the divorce was filed and Petition to modify custody. You... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My ex-wife and I divorced 4 years ago. At the time of the divorce, I was making $42000, and she had just started a job

in the real-estate business. She didn't make much, but we agreed that I would pay all of the bills thru the end of the year. It was an uncontested divorce, and I stupidly agreed to $1100 a month child support. Since then, she is now making $47000 a year, more than I made while I supported... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 30, 2018

For the custodial arrangement to be changed, and you to only get visitation with the children, she would have to show that it is in the best interest of the children to have this changed. The higher McClendon standard is not invoked, becuause this is a change from joint custody. The applicable... View More

1 Answer | Asked in Child Custody for Alabama on
Q: Tennessee: The grandmother filed for emergency custody of granddaughter for abandonment & drugs

Mom has been clean for over a year and has moved to Alabama, married and had another child. How does the mom regain custody of her daughter from the grandmother?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 30, 2018

THe mother who moved to Alabama would have to go back to the COurt and regain custody. I assume the grandmother has not terminated the parental rights of the mother. If the parental rights of the mother have been terminated, then the mother cannot get the child back. Otherwise the mother has to go... View More

1 Answer | Asked in Divorce for Alabama on
Q: All information on divorce papers is all wrong,

If this information is all wrong how are we divorced? my name is wrong the Town we got married in and and date we got married and the date we split up, everything is wrong other than his and his lawyers name .

seriously am I divorced? I was not even notified of court date for divorce, I am... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 29, 2018

You should review the Court file. The fact that the name and town are wrong would not make the judgement void, but they should be fixed. You should review the Court file to see how you were served. THey probably could not find you and served you by publication.

1 Answer | Asked in Child Custody for Alabama on
Q: Grandparents of child need to transfer their legal custody rights to child’s other grandparents.How can that be handled?

Mother signed over parental rights and father is deceased.No one is contesting custody transfer

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 29, 2018

You must Petition the COurt to change the custody of the children.

1 Answer | Asked in Child Custody for Alabama on
Q: If I have had custody of my grandkids after 5nyrs and one qas 8ndays old addicted to drugs can they come.bk and take the

Both parent served time been out 3 yrs still.nothing

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 28, 2018

Try asking this again. THis is totally unintelligible..

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can my kids father take her from me if I’m dating someone with a dv3 harassment charge? Even if the charges were dropped

My child’s father and I are going to court soon so he can get visitation. I’ve never kept her from him but we just want legal papers with our agreement terms. I recently started dating someone that was arrested three years ago for DV3 Harassment but those charges were dropped. If my child’s... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 27, 2018

It is not something that is "cut and dried" but evidence of violence on the part of your live in boyfriend will certainly go against you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: My ex wife has cut me off from my son for 5 yrs moved once,changed his school twice,all without notifing me.

My attorney petitioned the court,but the judge refused to hear my case. What can i do?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 27, 2018

First, you should ask your attorney. You need to give some facts here. Have your parental rights been terminated? Where you ever married to this woman, was there ever an adjudication of paternity in you? Was she married to someone else? Provide some facts and one of use may be able to tell you what... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Could the 2017 Code of AlabamaTitle 7 - COMMERCIAL CODE. Section 7-2A-103 and 108 be applied to a retail space lease?

Having issues with a retail space contract, no notice of raising rent and CAM fees (less than 30 days), and imposing previous months fees on the smaller businesses in a shopping center. There is a cap on the rent and CAM fees in our leasing contract.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2018

Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain... View More

1 Answer | Asked in Child Support for Alabama on
Q: What can I do if I never knew that I had to pay child support and I found out through pulling my credit report recently?

My child is now 24 and I did not know that I had to pay child support until I pulled my credit report recently. Who can I talk too in the State of Alabama that can assist me with this matter?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2018

Job number one is finding the Court report that compels you to pay support. You will probably see that you were served by publication because no one could find you or that you avoided service. In any event, go back and look at that order. Then, you need to find a lawyer. The state of Alabama is who... View More

1 Answer | Asked in Child Support for Alabama on
Q: Child is already eighteen and lives in Georgia. I reside in Alabama child graduates May 2018. AL says 19 but GA says 18.

Do I follow Georgia law or Alabama law. Does the law states in Alabama if the is 19 or graduates high school.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 23, 2018

Law in alabama is 19. High school graduation has nothing to do with it.

1 Answer | Asked in Child Custody for Alabama on
Q: What age does a child no longer have to go to visitation with the non- custotial parent, and not be fourced?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 23, 2018

WHen the child is not a minor, 19 years of age. There is a popular idea that there is an age when the child "gets to decide" this is not true. You, as the custodial parent, have a duty to present the child for time with the other parent. Don't make the mistake of getting into Court... View More

1 Answer | Asked in Child Support for Alabama on
Q: How can I stop paying child support

My son is 14 he has lived with me a year his mom still gets child support and wont give us the benefits or help him financially. I also talked to dhr with no results

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 23, 2018

You must go back to the same Court that ordered you to pay support and show that the child lives with you and that support from you must stop and the other parent must start paying support to you because the child lives with you. Go to court.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: What documents are required for real estate owner financing in Alabama?

Owner resides in Arizona, property is in Alabama.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 22, 2018

I assume what you want to do is sell a parcel of real property to a person and finance it for the buyer. The simplest way to do this is with a Vendor's Lien Deed and a Promissory Note.

1 Answer | Asked in Family Law for Alabama on
Q: I want to get my name on my daughter's birth certificate. How do I go about doing that?

I'm not married to the mother and we have been living together for 20 years, with no desire to get married. I want to get my name on my daughter's birth certificate. This is something I decided to finally take care of.

We looked up the info and printed out the necessary form to... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 18, 2018

Are you the father? If you are the father of the child, you can get an adjudication of paternity. That will not put your name on the birth certificate, but it will make you the legal father of the child if you are -- in fact -- the biological father of the child. If paternity is adjudicated to you,... View More

1 Answer | Asked in Divorce for Alabama on
Q: Alimony in uncontested divorce

we just signed the petition yesterday and we agreed that I would pay $1000/month. How do I do that so that she will show as an income on next years taxes and I can show the deduction?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 18, 2018

The law on alimony in Alabama changed a lot for divorces from Jan 1, 2018 forward. Alimony is not deductable any more. That is the new federal law. Also, alimony is limited to no more than 5 years of rehabilitative alimony, unless there is a very clear reason to pay for a longer time than that. You... View More

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