Questions Answered by Kristine Jones

Q: If the mother lets the child live with father. is there a way to stop cs without court? We both live in different states

2 Answers | Asked in Child Support for Alabama on
Answered on Mar 20, 2019
Kristine Jones' answer
Hello, these heat way to stop child support is through court approval. It is for your protection to do so, otherwise you risk still having to pay the last two years of child support. Arrears will build and it is easier if you go to court now to stop it. The other issue you have is that all three of you have now left Alabama. Depending on when you left, you would need to file your modification of custody and child support in Florida since that is where the child is located. You need to seek...

Q: Can I stop child support if me && my childs father agrees to it?.

1 Answer | Asked in Child Support for Alabama on
Answered on Mar 18, 2019
Kristine Jones' answer
Hello, you would need to go back to court to have the child support and possibly custody modified. It helps that you both agree; however, child support is not waived just because mom and dad have had a change of heart. Please contact counsel in your local area to help navigate the court system and do the proper filings. Best of luck and congrats on working things out!

Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.

1 Answer | Asked in Divorce and Family Law for Alabama on
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!

Q: If a mother can be proven unfit can she be put on child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.

Q: What Divorce forms do I need to do an uncontested divorce I have been separated for years there are no children involved

1 Answer | Asked in Divorce for Alabama on
Answered on Mar 14, 2019
Kristine Jones' answer
Hello, to complete an uncontested divorce, you would need to seek the assistance of an attorney to draft all the documents needed from you and your spouse. No forms are available to the public to submit on your own. Best of luck!

Q: Need an attorney for divorce, in accident have no income where do I get help in athens or huntsville Al

1 Answer | Asked in Child Custody and Divorce for Alabama on
Answered on Mar 11, 2019
Kristine Jones' answer
Hello, I believe there is a volunteer lawyers program in Huntsville. If you can't find a local number, you can call the state bar at 334-269-1515 and ask them. Best of luck!

Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on
Answered on Mar 11, 2019
Kristine Jones' answer
Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

Q: I have two daughters, my oldest one will be 19 in two months. What do I need to do to get my child support reduced?

1 Answer | Asked in Child Support for Alabama on
Answered on Mar 11, 2019
Kristine Jones' answer
Hello. Since you have two children, you would need to file for a modification of child support with reasons being she will be 19 in a few months. I would reccomend having a consultation with an attorney in your area. My experience has been these motions are set for a hearing so a judge can either speak with your attorney and/or take testimony on the record. Local counsel can give you a better idea as to how your area handles these matters. Best of luck!

Q: What motions should I file to get my son back asap?

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Feb 27, 2019
Kristine Jones' answer
What Shane said is correct. I will also add that you need to find and retain an attorney today. The longer you continue to wait, the more difficult the situation becomes. Good luck!

Q: AL:DR; If a plaintiff files a “PETITION TO MODIFY...” how can the court’s action on it call it a “MOTION TO DISMISS?”

1 Answer | Asked in Divorce and Child Custody for Alabama on
Answered on Feb 23, 2019
Kristine Jones' answer
Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!

Q: Paying child support and giving up rights

1 Answer | Asked in Child Support for Alabama on
Answered on Feb 22, 2019
Kristine Jones' answer
Hello. Yes, giving up your parental rights does not extinguish the right to support your child has from his or her biological parents. If mom is not letting you see your child and you WANT to see your child, then you will need to file custody papers to enforce your custody/visitation rights. Best of luck!

Q: If the father isn’t on the birth certificate, how do I go about getting full custody and child support ?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Feb 18, 2019
Kristine Jones' answer
Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child support/custody. During that matter is when paternity will need to be established. At least one court appearance will be required. Second, terminating someone's parental rights is a more challenging...

Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Answered on Feb 17, 2019
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!

Q: Could you please tell me the exact forms that I need to file with the court to have child support/IWO terminated at 19?

1 Answer | Asked in Child Support for Alabama on
Answered on Feb 7, 2019
Kristine Jones' answer
Hello, thank you for mentioning me in your question! The forms that are available to everyone for free on the internet are CS-44 and CS-45. Please read the forms carefully and provide the information they ask for including the fee to the clerk. If you have further questions, you could contact the clerk 's office in the county you intend to file. I do not practice in Fairhope, so they may require other or additional forms or information. Best of luck!

Q: I am a foster kid in Alabama. Except I moved out a year ago and I am now 19. I have my own place and a good paying job.

2 Answers | Asked in Adoption and Child Custody for Alabama on
Answered on Jan 31, 2019
Kristine Jones' answer
Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home life to determine if you can support/provide a good home life for yourself and her. You cannot do a relative adoption in Alabama without the adoptee (your niece) living with you for 12 consecutive months...

Q: If the parents were unmarried when both children were born & there is no custody agreement, who is the custodial parent

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello. The answer is both of you have equal rights to the children. Dad has a right to know where his children are, if they are moving, what school they attend, health issues, extra curricular activities, religious instruction, etc. You should seek legal counsel in your area and discuss your plans so you do not do something that hurts you down the road. Best of luck!

Q: Who do i contact in Tuscaloosa County,Al my father died and now a lady say she’s my sister I need a DNA but I live in Tx

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello. Many online DNA testing kits are available for a low price, roughly $50. Wal-Mart also carries them. Many on-site facilities like LabCorp also do DNA testing.

If there is a potential legal battle related to your father's estate, you would need a facility like Lab Corp so the results would be official and able to be entered as evidence, if needed. Best of luck!

Q: Can a spouse get off paying spousal support of 17 yr marriage ,he was sole provider and same job for 21yr.

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello, it is possible and all depends on the facts of your case. You should seek counsel in your area and discuss your situation with him or her to receive a better estimation. Best of luck!

Q: I had a child out of wedlock 10 years ago. Mother has sole legal custody . I have my child about half the time and pay

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Jan 30, 2019
Kristine Jones' answer
Hello, two types of custody exist: legal and physical. Legal is regarding decision making authority for the child like which school does s/he attend, what hospital, after school activities, etc. Physical custody addresses the time each parent physically has with the child. It is unclear from the facts you stated what the actual custody arrangement is between you.

If you truly do not have any type of legal custody to make important healthcare, school, religious, etc. decisions for your...

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