Questions Answered by Barbara H. Agricola

Q: Will he still have to pay child support with shared or joint custody?

1 Answer | Asked in Child Support for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
that depends on both of your income. sometimes, judges will state not child support if you both make the same or nearly the same amount of money and the physical custody is joint. however, it depends on the judge, the county, and other factors. even if joint custody is given, child support may still be required based on the income levels.

Q: Shared or joint custody how can I ask that my child not be around his gf I have police papers on her for trespassing

1 Answer | Asked in Child Custody for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
you can reach an agreement with your ex stating that when he has visitation of your child, that he cannot have anyone with whom he is romantically involved at the home who is not related by blood or marriage. or you can explicitly state in the agreement that his girlfriend cannot be around the child. or you can state something that specifically targets her. for example, if she has a criminal record, then you can state that no one with a criminal record can be around the child. however, usually...

Q: If you get a speeding ticket and the vehicle, tag and address info is completely wrong, can it be dismissed?

1 Answer | Asked in Traffic Tickets for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
the ticket is written to the individual, not to the vehicle. so no, it cannot be dismissed if the information associated with the car is incorrect. that would incentivize people to put incorrect info down and never have to pay a ticket if that were the case.

Q: I have an 8month old with an ex-girlfriend, Is there a specific age that he needs to be before I can keep him overnight?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
no, there is not. barring any unusual circumstances, you should be able to get overnight visitation with him.

Q: I have an 8month old with an ex-girlfriend, Is there a specific age that he needs to be before I can keep him overnight?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
outside of any specific circumstances, you should be able to keep the child overnight. the courts are particular with young babies due to nursing, etc but that should not prevent you from getting overnight visitation. any reason preventing that would have to be based on a safety issue or your inability to care for their child. supervised visits are usually only for ppl who arent able to have the child in their care alone. you should be getting more than 3-4 hours once a week. you could take her...

Q: A man marries 2 years later he dies he has safety deposit box 130,000 with his name and wife on it is his child entitled

1 Answer | Asked in Family Law and Probate for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
it would be based on what he stated in his will. so if his will states that all hs estate goes to his wife, then it would go to his wife, including the safe deposit box. however, if she died 6 months later, then it would go according to her will since his estate would have become hers if he died without a will, then it would go per stirpes.

Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
you can provide the deed which shows your ownership of the property. if the parents gifted you the land for you to build your house on it, then it needs to be recorded under your name in the probate court in the county where the property is located.

Q: I am in ch13 but received money from a wrongful death suit. Will all of the money have to go to bankruptcy?

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
that depends on your total debt and the amount creditors are going after, etc. there are several variables so it would be important to contact your bankruptcy atty to get the correct response considering your specific circumstances.

Q: Can another spouse put the other spouse out of the home cause he upset in Alabama

2 Answers | Asked in Divorce for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
no, he cannot. that is why it is important to stay in the marital residence if at all possible. of course, if the police need to be contacted for domestic disputes, then do that. however, someone cannot make the spouse leave the residence if they get upset.

Q: I have been served divorce papers can my spouse by law still show up at my house

1 Answer | Asked in Divorce for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
if the home is owned by both of you then yes, it is technically his property as well. however, the only way you could prevent that is if there was some sort of restraining order or protection from abuse filed. there has to be danger to you in order to get either one of those issued by the court, however.

Q: I have trail tomorrow morning at 9am for child cusdoty and my attorney withdrew from the case today. What do I do?

1 Answer | Asked in Child Custody for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
it would be in your best interest to ask the court to continue the trial so that you can find new counsel.

Q: I've been keeping my brother (7) and sister (2) since July. How can I gain custody without taking my mother to court?

1 Answer | Asked in Family Law, Adoption and Child Custody for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
you cannot gain custody without going to court. you should file a dependency petition which means that the children are dependents of the state because their biological parents are either unable or unwilling to care for the minor children.

Q: Who is "registered agent"in articles of formation and do I have to have one?

1 Answer | Asked in Business Formation for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
the registered agent is the individual assigned to receive any mail on behalf of the business. usually, the registered agent is listed on the secretary of state website if you do a business entity search.

Q: My mother n law passed a year ago with no will and land only in her name. How do we put it in her son's name?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
you will have to probate the estate. since she died intestate, meaning without a will, you will need to petition the court for letters of administration so that the estate can be divided up. you should get with a wills/probate atty to proceed with this action.

Q: My mother passed away before a lawsuit case was settled for the wrongful death of my father.

1 Answer | Asked in Family Law and Wrongful Death for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
it depends on how the case was brought in the first place. if your mother was awarded money, then it would go into her estate.

Q: Husband lost visitation Now given to his mom and child's mother in court but still paying child support. What can we do?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
if he did not relinquish his parental rights, then he can ask the court to give him visitation. however, if visitation was taken away, then that likely means that your husband is not in a position to care for the child.

Q: Do plug-in electric vehicles qualify for a tax exemption under Section 40-9-1-(20) of the Code of Alabama?

1 Answer | Asked in Tax Law for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
if the vehicle is brand new, a tax exemption of up to $7k is allowable under the federal tax laws.

Q: Father has not met requirements set forth in custody order (for autistic child) prior to overnight visits.

1 Answer | Asked in Family Law for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
you will likely need to file a motion for contempt and ask the court to prevent any overnight visitation until the father meets the conditions previously set.

Q: I was put on child support without knowledge and now my check is being garnished taking over half of my check how

1 Answer | Asked in Child Support for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
if you have a child, then you may not be able to stop the garnishment. only way to do that would be to reach an agreement with the mother to reduce it or remove it or you can sign away your parental rights.

Q: If I serve child custody papers and my ex boyfriend doesn't sign them can I at that point change terms?

2 Answers | Asked in Child Custody for Alabama on
Answered on Oct 6, 2017
Barbara H. Agricola's answer
no, you cannot unilaterally change the custody. you will have to file a petition to change custody in the court.

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