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Questions Answered by Mr. James Parrish Coleman
1 Answer | Asked in Child Support for Alabama on
Q: Is being order to pay child support the same as a civil suit?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 14, 2019

Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay,... View More

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: My husband and I are separated but not divorced. There currently is no custody agreement.

Divorce hasn't been started yet. Can I move out of state with my son and if so can my husband file kidnapping charges against me.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 14, 2019

No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to

She says if the court asks for more money she will drop the case. So she filed to go to DHR for support. What can I do?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2019

Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older

1 Answer | Asked in Child Custody for Alabama on
Q: Can I interfere with dhr custody?

My son and his ex has to go to court cause dhr is seeking TLC.( temporary legal custody)If they both consent to signing over custody to me will this stop dhr from getting custody?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2019

Please try this question again. What is TLC? TPR maybe? Please ask again.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Can a judge make me move back after moving to another state if there is no custody agreement?

I'm moving to Tennessee from Alabama. It's a 5.5 hour drive one way. My ex boyfriend and I do not have a custody or visitation order. He isnt involved with my son except for two days a month. When my son is there, they only play video games (so of course my 5 year old loves going). My ex... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 5, 2019

The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing... View More

1 Answer | Asked in Child Support for Alabama on
Q: Can I have future CS pymts stopped since I let my daughter move in with her father?

My daughter is 17 & I have sole custody. Me & the father jointly had child support papers drawn up at an attorney's office. Eventually I had to go through DHR to get the pymts. Finally started getting them 3 years ago. I recently agreed to let her move in with her father. Am I able to... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 4, 2019

Your smart move would be to go to Court and have the support modified, and let what he owes you from the past -- assuming that he still owes you -- will be applied to what you now will owe him in support payments. Yes, that's right, you will now have to pay child support to him if he has the... View More

1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and will turn 19 in May. I pay current and arrears. Can I end the current support and only

pay towards the arrears when she turns 19?

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

You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.

1 Answer | Asked in Contracts for Alabama on
Q: I hired a dock building company to do some work.

They were paid in advance three months ago, they keep putting off the work and have offered the money back. I dont want the money I need the work done what are my options

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

Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would... View More

1 Answer | Asked in Divorce for Alabama on
Q: What is a reconciliation between parties in a divorce? After a year the husband continues adultery can divorce start?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 14, 2018

A reconciliation is where the parties get back together. I don't understand the rest of your question.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,

Can the father pull the kids out of school, or sign them out from school if hes on the birth certificate? My friend suspect their dad was abusing them so she left Tenn and went to Alabama. Now the kids are starting school and she thinks the father will not have access to the kids because there is... View More

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

If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order.... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of

The violence was not with my son but i was holding him when i got hit ..my son was not harmed in any way.im no longer with him and moved out

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

DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.

1 Answer | Asked in Family Law for Alabama on
Q: my dad recently died and he was married to my mom who is already dead i am 17 and married and i am legally his daughter

what rights do i have to his stuff ???

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

I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Legal Options for Co-ownership of mortgaged property.

Myself, brother, and his best friend decided to buy a house together. My brothers best friend obtained a VA loan and he bought a house. We agreed to share all costs in purchasing house and share ownership. However we have closed on the house and paid the first month mortgage and he is now claiming... View More

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

If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have custody of my 7 year old grandson who was recently diagnosed with Autism. Can I ask for cs from bio-parents?

I currently am paying child support arrears myself to my ex-wife, the biological grandmother. That, I believe is my son's current source of income.

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

You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.

1 Answer | Asked in Child Support for Alabama on
Q: I am seeking child support but everytime they try to serve him the papers they can never find him what can I do
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 5, 2018

This is much harder than you might first imagine. If you are attempting to get child support in a case where you were never married to the person the rules of Juvenile Court apply, and you cannot serve him by publication. If is it a marriage, you can serve by publication. You need to hire an... View More

1 Answer | Asked in Child Custody for Alabama on
Q: My husband has not seen his son by his ex wife in eight years and in the divorce decree he was supposed to be sending

Money But she disappeared for years and we did not she was and she recently contacted him about sending money and he wants to support the child he scared she is going disappear again and he wants to be in his life what should he do

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

He owes support for all the time that she was gone. He needs to get into Court and deal with this and establish parenting time with the child. YOu have a lot of questions here without many facts. Why didn't he see the child? Was he seeing the child before she left?

2 Answers | Asked in Family Law and Divorce for Alabama on
Q: If my wife is seeking divorce and she opened up a bank account to withhold all her paychecks and is still using my money

What am i legally allowed to do since we are still married?

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

Has the divorce been filed?

View More Answers

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can we go back to court to modify visitation? Ncp refuses to keep visitation.

April 2018 joint legal custody was granted for ncp and self, i was granted sole physical custody. He petitioned the court for visitation to avoid paying child support. He was ordered to pay 500 monthly plus 50 arrears. Currently 17k in arrears. He just started paying in September. A graduated... View More

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

Yes, you can go back to court and ask the judge to suspend his visitation for not complying with the graduated schedule. The point you must make is that this is bad for the children. I do not understand your comment that he went back to court for visitation to avoid paying support. He will have to... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fiance's ex is not allowing him to see his daughter even tho there's a court order for visitation. What can he do?

He does not pay child support thru the courts due to an agreement they made once they ended the relationship, which may change once they go back to court next month. If she continues to not let him see his daughter, can she be held in contempt?

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

Sure she can be held in contempt if she is willfully disobeying the court's order. Get an attorney and file an action to have her show the court why her conduct does not constitute contempt.

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