He, the defendant, signed the answer and waiver and the agreement. Attorney filed the paperwork in court. Now my spouse has decided he wants to fight and is threatening to rescind the paperwork already filed. I am not in agreement and have no wish to reconcile. Can he as the defendant rescind... Read more »
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 »
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 »
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 $?
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 »
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 »
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 »
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 »
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 »
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 ?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.