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Questions Answered by Barbara H. Agricola
1 Answer | Asked in Child Support for Alabama on
Q: Will he still have to pay child support with shared or joint custody?
Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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... Read more »

1 Answer | Asked in Child Custody for Alabama on
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
Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets for Alabama on
Q: If you get a speeding ticket and the vehicle, tag and address info is completely wrong, can it be dismissed?
Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Alabama on
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?

I have an 8 month old with an Ex-girlfriend. When the child was conceived we lived in Birmingham, AL we broke up before the child was born and upon break up she moved to Huntsville, AL to live with her parents and I know live in Nashville, TN. I have been paying child support since he was born,... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

no, there is not. barring any unusual circumstances, you should be able to get overnight visitation with him.

1 Answer | Asked in Family Law and Child Custody for Alabama on
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?

I have an 8 month old with an Ex-girlfriend. When the child was conceived we lived in Birmingham, AL we broke up before the child was born and upon break up she moved to Huntsville, AL to live with her parents and I know live in Nashville, TN. I have been paying child support since he was born,... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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... Read more »

1 Answer | Asked in Family Law and Probate for Alabama on
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

His wife is wealthy and has no children does his adult child legally have any right to the money and actually all is still tied up in court 6 months later the wife dies and now her nieces are trying to get the money that their aunt's husband had in safety deposit boxes so is adult child or deceased... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

Title Deed, House or ownership?

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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.

1 Answer | Asked in Bankruptcy for Alabama on
Q: I am in ch13 but received money from a wrongful death suit. Will all of the money have to go to bankruptcy?

My mom filed the suit about my father and I received money because it went to his estate. I know I have to notify the court but I was wondering if I would have to give all of it to the bankruptcy even if it doesn’t pay it completely off

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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.

2 Answers | Asked in Divorce for Alabama on
Q: Can another spouse put the other spouse out of the home cause he upset in Alabama
Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

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.

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1 Answer | Asked in Divorce for Alabama on
Q: I have been served divorce papers can my spouse by law still show up at my house
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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,... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: I have trail tomorrow morning at 9am for child cusdoty and my attorney withdrew from the case today. What do I do?
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

it would be in your best interest to ask the court to continue the trial so that you can find new counsel.

1 Answer | Asked in Family Law, Adoption and Child Custody for Alabama on
Q: I've been keeping my brother (7) and sister (2) since July. How can I gain custody without taking my mother to court?

My father passed away and my mother doesn't want to do anything but party now. I would like to avoid asking her for custody because she will take them from me even though she is unfit as a parent.

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Business Formation for Alabama on
Q: Who is "registered agent"in articles of formation and do I have to have one?
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Real Estate Law for Alabama on
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?

My father in law is bed bound and wants the land put in his son's name she only had a small estate, so a lawyer advised us we didn't need to file for estate.

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Family Law and Wrongful Death for Alabama on
Q: My mother passed away before a lawsuit case was settled for the wrongful death of my father.

If there is a settlement how would it be split? Would it go to my mother's estate, or be split amongst my father's remaining heirs?

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Husband lost visitation Now given to his mom and child's mother in court but still paying child support. What can we do?

My husband divorced his wife in 2012 and agreed my husband would have every other weekend and split holidays and such now he agreed to help his mom gain full custody of child but in court the child's mother and my husbands mother agreed on split his mom got all of his visitation rights and such and... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Tax Law for Alabama on
Q: Do plug-in electric vehicles qualify for a tax exemption under Section 40-9-1-(20) of the Code of Alabama?
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

if the vehicle is brand new, a tax exemption of up to $7k is allowable under the federal tax laws.

1 Answer | Asked in Family Law for Alabama on
Q: Father has not met requirements set forth in custody order (for autistic child) prior to overnight visits.

Child is 2 yo autistic, father was instructed to meet several criteria in custody order prior to starting overnights. To date he has not done so. How can I report this and stop the overnights? Also, the "coordinator" (an atty) assigned to act as a co-parenting counselor was supposed to meet us... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

1 Answer | Asked in Child Support for Alabama on
Q: I was put on child support without knowledge and now my check is being garnished taking over half of my check how

Do I stop the garnished amount

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

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.

2 Answers | Asked in Child Custody for Alabama on
Q: If I serve child custody papers and my ex boyfriend doesn't sign them can I at that point change terms?
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

no, you cannot unilaterally change the custody. you will have to file a petition to change custody in the court.

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