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Questions Answered by Shane Michael Oncale
2 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: My wife is filing for divorce and we have a 5 yr old, we both have agreed on joint custody with no child support.

She asked me how much$ can I commit to giving a month for the Divorce paperwork she doing! Me and my wife make the same amount per hour yet she has other income from a hair salon owns & works by herself . With that being said am I still going to have to pay her something a month like child support?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 7, 2020

Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her... Read more »

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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My fam in NJ is trying to keep my daughter that’s visiting. I said no, now they’re claiming child abuse. What can I do?

She got there on April 29 to visit for the summer. They kept asking if she can stay for the school year and I said no. Now they are calling me saying she is hurting from physical abuse. When I called to talk to her they wouldn’t let me talk to her alone, and I could hear them coaching her. They... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 17, 2020

Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the... Read more »

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: Wife Closed Bank Acct Where Pmt Was Sent

My husband pays child support every two weeks and it was previously deducted from his paycheck (not because he was in arrears but for convenience) he lost his job so for the past 6 months we have mailed personal checks directly to Alabama child support office. His ex wife called today and said she... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 6, 2020

Your instinct on this is absolutely correct. It is up to her to keep her banking information current with Alabama Child Support Collection. They can also send her a debit card that does not use her bank or a check and she can then do what she wants with the check. You can pay direct if you... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 29, 2020

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... Read more »

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1 Answer | Asked in Child Support for Alabama on
Q: My fiance was recently incarcerated and the back child support is adding up quickly. What are the next steps?
Shane Michael Oncale
Shane Michael Oncale answered on May 12, 2020

If he wishes to reduce or eliminate child support he will have to file a petition seeking that relief with the court that ordered him to pay or it will continue to run up as an arrearage. Given the fact that he is incarcerated a court could hold that he is not entitled to a reduction in child... Read more »

1 Answer | Asked in Adoption and Family Law for Alabama on
Q: Will it be easy for my husband to adopt my son since birth father isn’t on birth certificate and doesn’t pay for child?

Birth father has never been apart of my child’s life nor is not on the birth certificate, or pays child support. Has never seen the child but once when we did the dna test. My husband whom has been apart of my child’s life and supported him financially and emotionally for 3 and half years wants... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 12, 2020

No a step parent adoption in the case of a willful relinquishment of custody or proof of abandonment is provided for under Alabama law. What surprises people the most is the fact that the father must be notified, give his consent or have an opportunity to appear in court and contest the... Read more »

2 Answers | Asked in Child Custody for Alabama on
Q: What is the definition of 'self supporting' according to the state of Alabama?

My daughter has graduated high school and will be attending college in GA beginning August 2020. She turns 18 next month (June 2020). She will be living on campus, with a food plan, and work a part time job while in school. Do I still have to pay her father child support even though he is not... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 11, 2020

These are the kind of situation I hate because the explanation never seems to suit common sense. Common sense would seem to dictate that with what she is provided she is more than "self sufficient" but most of the time the outcome turns on the smallest of things. Is she on the... Read more »

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2 Answers | Asked in Child Support for Alabama on
Q: My son will be 19 in three months. How do I petition the court to have child Sup stopped & how soon should I do that ?

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 ?

Shane Michael Oncale
Shane Michael Oncale answered on Apr 21, 2020

Well you have lucked upon one of the few things in Alabama for which there is a form. Follow this link .https://eforms.alacourt.gov/media/gmjkzski/affidavit-for-termination-of-withholding-order-for-support.pdf

I would file it with the court sometime in May.

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2 Answers | Asked in Child Support for Alabama on
Q: I have an existing support order in Alabama that was established in March of 2000. Am i stuck with it forever?

In addition, I had full physical custody of my son from the age of 6 until he was 17. I have been told directly by the case worker, that if anything and regardless--my child support would likely be increased. How is such a thing even possible?

Shane Michael Oncale
Shane Michael Oncale answered on Apr 16, 2020

Once a child support order is entered it remains in effect until withdrawn or modified by a court. Each payment is due at the time it becomes due and becomes an enforceable debt. When your son came to live with you you could have gone to court to cut off or modify your child support obligation... Read more »

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1 Answer | Asked in Family Law for Alabama on
Q: My wife and I separated and she is pregnant by IUI donor sperm and saying I won’t have rights . Anything that I can do ?
Shane Michael Oncale
Shane Michael Oncale answered on Mar 3, 2020

I do not know if you are in Alabama or not and that would be a considerable factor as I am not licensed in LA or elsewhere and cannot give you advice on how the matter may be handled in other states. You need to consult an attorney in the state where the soon to be child and mother are located.... Read more »

2 Answers | Asked in Child Custody for Alabama on
Q: Can a grandmother file a petition claiming dependency of her grandchild in Alabama?

The mother of the child is 17 years old & grandmother is providing and taking care of the child; ie. financially/medically/basic needs.

Shane Michael Oncale
Shane Michael Oncale answered on Feb 6, 2020

Yes, a private party dependency petition can be filed. Once filed DHR can join in the proceedings or opt out.

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1 Answer | Asked in Family Law for Alabama on
Q: As grandparents Do we have rights to have our grandchildren during summer vacation? Their mother, our daughter died

Last year, 3 yrs after her divorce. The ex husband remarried. We had the grandchildren last summer. Step mom accused as of damaging the boys by disregarding her rules. We did not, but we did allow the kids more freedom—less chores, more playtime, later bedtime, and allowing them to sleep in.... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Dec 22, 2019

You can certainly involve the court in enforcing the rights you do have and perhaps petition to expand those rights. The issue of grandparent visitation is very controversial and subject to many constitutional challenges. Most judges and the legislature take an expansive view but the statute that... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My x-husband stopped paying child support when our son was 15. He is now 25. Can I still get that child support?

My x-husband owes from 2009 to 2013. What do I need to do?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 9, 2019

Contact DHR in your jurisdiction. If a child support order was in place and he has not paid then he will owes and a judgment can be entered against him and collection activity commenced.

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Alabama on
Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 20, 2019

The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... Read more »

2 Answers | Asked in Child Support for Alabama on
Q: My son and ex-daughter-in -law have been divorced 4 yrs. She was ordered to pay child support and has never paid a penny

My granddaughter just turned 18 and now she is saying she doesn't have to pay. What does my son need to do to collect ?

Shane Michael Oncale
Shane Michael Oncale answered on May 3, 2019

I agree with what is set forth below. I will also note that she will owe the back child support (the amount she has not paid) plus interest. This is definitely worth seeking the services of an attorney to pursue. In many jurisdiction, if it can be proven that she had income and just choose not... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: Can a 17 year old go live with mom who has visitation rights? the dad has physical custody. And not be made to go back?

Child lives in Alabama. Child wants to live with mom by choice. Dad is mentally abusive. No child support is paid by either party.

Shane Michael Oncale
Shane Michael Oncale answered on Apr 25, 2019

Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

I am 13 years older and she abuses alcohol and is adopted she is abusive and has emotional problems and her sister is almost 25 and still lives at home she cares more about her friends than me and I want to get custody of my son I paid on the mortgage and everything else as well but she is very... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Apr 2, 2019

In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than... Read more »

2 Answers | Asked in Child Support for Alabama on
Q: I have two children with my ex husband; one of whom is soon to be 19. My ex has already expressed his intention of

halfing his cs at that time. Based on what I have read on here he cannot just do that; however, he has always just given me a check every month rather than it being held from his check so I don't know how this affects what happens when my oldest turns 19. Also, the younger child will be 19... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Mar 26, 2019

If he half his child support he will be in contempt of court. Wait for him to half his payment a couple of times and then file a petition for contempt and to recalculate child support. The Alabama child support case law that allowed for post secondary support was struck down as unconstitutional.... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: My ex husband claims he moved into an apartment but is unwilling to show me either: time stamped photos of the

furnished apt. I do not feel I have enough proof he's living in a safe environment for our 3 year old. I found out he used to live in his car and that could be the case today as far as I know. He states he's unable to provide photos because he hasn't moved in yet. He also will not... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Mar 25, 2019

The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are... Read more »

2 Answers | Asked in Child Support and Family Law for Alabama on
Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Mar 24, 2019

The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where... Read more »

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