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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Support for Alabama on
Q: My husband has joint custody of his two kids and we both have them 90% of The time. Should she still get CS?

The children’s mother supposedly works 2 jobs and still receives CS payments every 2 weeks. She rarely gets her children and if she does, it’s only for a few hrs or at the max a night. It’s never consistent and there is always an excuse for when she doesn’t follow through on her promises to... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 17, 2018

This is a very interesting question. If you want to change custody of children, can you base your change on the fact that you and the other parent agree that you can have the children during what would be the other parent's time? No, that will not be a change in circumstances. If she refuses... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My ex and I was never married. We have a son. I pay $600 a month in child support and she will not let me see

Him. There is no custody set up. I cant afford a lawyer due to paying so much in child support. What can I do to be able to see my son?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 16, 2018

You must go to court and get visitation awarded to you. The child support order, which I assume came through DHR, does not address custody and visitation. You've got to go to Court and get that established.

1 Answer | Asked in Child Support for Alabama on
Q: Can they take more than half of your income for child support in Alabama?

I know about the schedule but I also know attorneys can normally have more support awarded. Can they take more than half of your paycheck?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 16, 2018

First, the amounts in child support are gross amounts, not your net pay. If there is any deviation from the schedule, that deviation has to be explained and properly justified in the order. Generally, child support would not be more than half your paycheck. You should study the calculations... View More

1 Answer | Asked in Divorce for Alabama on
Q: Quit Deed Claim due to divorce

My wife has a personal injury settlement coming sometime this year. estimating around $50K. She is doing a quit deed claim to our home so that I can have the value which right now is about $30K give or take. This was her idea of being fair. It sounds fair to me. My concern is based on my research,... View More

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

Not you are divorced and you quitclaim

1 Answer | Asked in Child Support for Alabama on
Q: If my husband stop paying child support arrears due to loss of employment and was served court papers,

Can he just start back paying and not go to court?

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

Absolutely not. He has to go to court.

1 Answer | Asked in Child Custody for Alabama on
Q: Do I legally have to make my 5 year old son have constant phone contact with my ex-husband if my ex doesn’t do the same

I have sole custody of our 5 year old son (my ex walked out & moved back to FL) & he’s only called our son about 3-4 times (if that) in the 3 1/2 years he’s been gone. I ask my son daily if he wants to call my ex & talk but he says no. When he does say yes (which is very rare),... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 13, 2018

You have to either obey a court order or change it. You do not have a 5-year old make the decision.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Alabama...I have a child with an ex. We were already broken up when she got pregnant.
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 8, 2018

YOu need to divorce her with an acknowledgement in the divorce that the child is not your child and not a child of the marriage.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Can I take my child out of state if not married to the father?

I want to move but I know the father will object however we are not married

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 7, 2018

Has paternity been adjudicated to the father? Is his name on the birth certificate? If the answer to those two are no, then you can take the child where ever you want to. If paternity has been adjudicated to him, you have to follow the orders of the Court and the child relocation act

1 Answer | Asked in Child Support for Alabama on
Q: If my child support is due in mail today & i cant pay full amount what can happen to me but I can pay twenty five

The full amount is $65.00 but I can't pay it i can pay at least $25.00 until I get the rest

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

If you don't pay you can be held in contempt of court. To be held in contempt you would have to be able to pay, but refuse to pay.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Baldwin County can you get a judge to grant you permission to move out of state with your children? Due to higher paying

Job opportunity the non custodial parent pays child support below state guidelines and inconsistently, this opportunity would allow for children to have a better quality of life and child support would then not be required neither the help of food stamps?

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

This is called a relocation action. First, you have to notify the non custodial parent of your intention to move by certified mail, 45 days before you intend to move. That parent then has 30 days in which to file an objection. The court will presume that the children should not be relocated. THe... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What are appropriate actions for someone to take who is a newly appointed guardian for a minor?

Is it appropriate and adviseable to sue the parent who is relinquishing custody for child support, and to force them to continue to pay for medical insurance? If he cannot provide medical insurance, do you know if it is possible to add him to my own insurance through my employer?

I have not... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 3, 2018

You may be confusing the language here. Did you receive custody of the child from a court in a custodial action in circuit court, or are you appointed guardian from the probate Court? In one, child support is handled through the Court using Rule 32 of the Alabama RUles of Judicial Administration.... View More

1 Answer | Asked in Child Support for Alabama on
Q: Daughter graduates this May. Turns 18 in August. Attending college afterwards. Does child support stop at 18 or 19?

Can I be ordered to pay for college?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 3, 2018

19

1 Answer | Asked in Child Support for Alabama on
Q: Does the non custodial parent still pay if the child is enrolled in college?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 2, 2018

If the child is under 19 years of age, of course

1 Answer | Asked in Child Support for Alabama on
Q: When does my husband stop paying child support? 18 or graduation from HS? Child is not going to college.

It is unclear in his divorce papers when it should stop.

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

When the child is 19 years old or otherwise emancipated.

1 Answer | Asked in Child Support for Alabama on
Q: How to I sue for back child support? What type of lawyer do I have to get?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 30, 2018

You don't have to sue for back child support if it was ordered. You only have to collect on your judgments.

1 Answer | Asked in Child Support for Alabama on
Q: How to get a change of venue in child Support. The father is getting away in not paying and hasn't had any actions him.
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 30, 2018

Venue in court actions are governed by statute. What are the grounds to change the venue? You can't change venue in an action because you are dissatisfied with what the Court is doing.

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My wife took the children out of state while I was at work without my consent. What can I do to get my children back ?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 28, 2018

You need to get her into Court and you need to do that now. Absent the police or some other agency seeing that she is committing a crime or neglecting or abusing the children, there is not much you can do. EXCEPT you can immediately file for divorce, demand that the car and children be returned.... View More

1 Answer | Asked in Family Law for Alabama on
Q: DHR wants me to take a drug test, can I refuse?

My husband was out of work a few months back so our power & water was off for a period of time. Someone called DHR and said we were neglecting our kids and doing drugs.

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

Sure, you can refuse. They will probably issue a pick-up order and come get your children.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How long do I need to live in AL before filing for child support from my child's father. never married but he signed BC

Dated her father for 3 yrs long distance i moved to California from Louisiana to be with him I got pregnant became a single mom at 4 mths pregnant. Daughter lives with me. I provide 98% of her needs. He barely provides. He has multiple children with multiple women. Can I use his past against him... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 25, 2018

Glad to hear you will be hiring a lawyer. He or she will explain all of this to you.

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