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Questions Answered by Mr. James Parrish Coleman
2 Answers | Asked in Divorce and Child Support for Alabama on
Q: My daughter that I pay child support on turns 19 in March 2021. She will be a senior in high school until May 2021

She will be 19 in March 2021 and graduate high school in May 2021. I would like my child support to end when she turns 19. Can I end it in March 2021 or do I have to wait until May 2021? Can I file to cease child support a few months before she graduates? My chilid support is garnished and I do not... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 7, 2020

Unless you have a old order (rendered before a case called in re CHristopher) that commands you to pay college expenses, child support ends when the a child turns 19 years old. You are going to have to go back to court to do this if there are other children. Be careful there because child support... Read more »

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2 Answers | Asked in Child Support for Alabama on
Q: My husband owes a Lot in arrears Well it's been over 28-31 years now we have raised them 90*\* of their life

Does there come a time in ones life where SHE stops receiving the arrears (back support)? Or the money would start going to the adult children? Can I receive my stimulus payment since I’m not responsible for the $?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 6, 2020

The money that represents the arrearage goes to the person who had custody of the children during their minority.

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Do legal (not blood related) grandparents have any right to take a mother's child away?

My husband wants nothing to do with me or my son. He cheated on me and left me and already has a new family. We've been separated over a year and a half and are finally getting this divorce done. His parents are trying to take me to court to take my child away from me because I won't let... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 1, 2020

First of all, I don't understand the distinction between "legal" grandparents and "blood related" grandparents. THe grandparents are the parents of the biological or adoptive parents of the child. The grandparents have apparently taken you to court in a private custody... Read more »

2 Answers | Asked in Child Support for Alabama on
Q: How come child support not stopping at age 19 as the divorce agreement says it should? 4 kids, ages 20,18,15,8. AL

Oldest daughter is in college In Alabama (our home state) on scholarship, and she does work. Second child will be 19 next year also.

So how come the child support doesn't end automatically as the divorce papers declare? These are court ordered documents, are they not binding? I'm... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 23, 2020

Unless the court documents set out when each child support amount is adjusted on the majority of children, you have to re-calculate child support as children age out. It is not automatic. You should be careful when you do this, because the new child support amount is going to be calculated using... Read more »

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2 Answers | Asked in Child Support for Alabama on
Q: Child support continuance after age of 19?

My divorce decree was final in 2018. I made sure to remove all comments about support for college education from our settlement. My child is a senior in high school this year and approaching his 19th birthday. If he chooses to go to college and not get a job are my child support payments to... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 21, 2020

You cannot be ordered to pay post minority support under the rule announced in a case called In Re Christopher. Your child support for that child ends at 19. You WILL have to go to court to adjust the support for two children other than three. Do not assume that the child support will go down.... Read more »

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1 Answer | Asked in Family Law for Alabama on
Q: What if one parent contacts a case worker and tells them information regarding said child and alleges something

Can the case worker disclose to the parent that the other parent made the report

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 21, 2020

No. DHR cannot disclose the source of a report. No.

2 Answers | Asked in Child Support for Alabama on
Q: My son will be 19 in three months. How do I petition the court to have child Sup stopped & how soon should I do that ?

My child support currently comes out of my pay check. The age of emancipation in Alabama is 19. He will be 19 in July. Is a court petition done through a letter or in person ? And how soon should I petition so that child support stops on time ?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 21, 2020

You would petition the Court to end the support. You do that through the Court. I would do it right now. You don't tell us if there is any other child involved who is still a minor. There is no basis for your paying support to a person who is over 19 years of age UNLESS you have a "pre... Read more »

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3 Answers | Asked in Child Support for Alabama on
Q: After the age of 19, does back pay go directly to the child or does it stil go to the parent?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 20, 2020

The money goes to the person who had custody, that is the person who paid for the child's expenses during the time that you didn't pay.

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2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I am a non custodial father. But the mother of my child keep denying me visitation.

Wondering can I file for joint custody or visitation without involving child support. I take care of my son financially but not through the court system

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 20, 2020

You don't say, but there are two ways can work. IF you are the father and don't have custody and there has never been any court case, you can ask the court for parenting time with your child. Without a doubt, the issue of child support will come up and you will be required to pay support... Read more »

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2 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Terminating the rights of child’s father who has joint custody, but doesn’t abide by decree?

My daughter’s father and I have joint custody. He lives in another state. He has not contacted my daughter in 4 months. Before that it was 2 months. He has never paid his court appointed child support. He has not followed anything from the divorce papers that pertains to my daughter. My question... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 7, 2020

If he has gone for more than four months without providing any emotion, physical, financial or other support and has no contact with the child for that period you can file a petition to terminate his rights. You have the burden of proving that he has in fact abandoned the child within the meaning... Read more »

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1 Answer | Asked in Child Support and Divorce for Alabama on
Q: Do you have to show proof of how much daycare expenses are when filing for child support?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

I assume you are asking about an Alabama matter. You execute a sworn to affidavit when you put down how much work related daycare is being paid. This is widely abused, with made up numbers provided by day care workers who are actually family members and a host of other problems. If you are paying... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: When I went to divorce court concerning custody of my son, I wasn't aware of his father's violent past.

He has a violent history and I think he has no business having any part of our son's life. He has three different PFAs against him by three different women, he has 6 different Violation of Domestic Injunction charges, and 4 Domestic Battery charges. Is there anything I can do about this? Do I... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

It would be difficult. You don't say how long ago you went to Court. You also don't say what you did to learn of his past. If you could have learned about this stuff (if only you'd looked) you can't go back to Court and say I didn't know. It is critical to know how long ago... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Periodic Alimony Payments (Alabama)

My divorce states that my ex is to pay me $600/month for 12 months after the date the agreement is signed. But I am now pregnant, not by him of course. Can my pregnancy cause for the alimony to be stopped or does he still have to pay. No special wording on divorce agreement paperwork just that he... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

I think at worst your agreement is unclear and subject to two meanings. Alimony that is set out with a definite time limit is usually specifically called "alimony in gross" in the agreement. To call the alimony "periodic alimony" which is ended by co-habitation (but not by... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?... Read more »

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm from Alabama. My daughter is 12 and her mother has primary custody. What age can she legally decide to live with me?

She has requested to live with me instead. She feels uncomfortable with mom's new boyfriend and they just got engaged.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

19

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: What do I need to do if my sixteen year old has a warrant
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

To state the obvious, you need to call an attorney. A lawyer can often get a warrant withdrawn and allow the defendant to appear and post a bond. Get a lawyer who does juvenile dependency in Mobile County, or criminal defense. We do both and you can contact us if you like.

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