I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »
I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There...Read more »
She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... Read more »
It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good...Read more »
His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »
If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not...Read more »
You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that...Read more »
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
We were talking and I mentioned to him that I thought our time had expired. He proceeded to tell me he wanted my things packed and moved out of the home the next day. I had nowhere to stay. I’ve been looking for a home. He called and harassed me about looking for a home with his knowledge. I’ve... Read more »
There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get...Read more »
My husband just found out he has a 17yr & the mom doesn't want us to have a relationship with the child, she's just asking for child support &we're not happy. The mom states that she knew he was the father and withheld this info for 17yrs. Will retro/back support be ordered?... Read more »
A lot going on here and let me say you need to get an attorney involved to make sure this all goes as quickly as possible. So to answer one of your questions you should definitely hire an attorney. Venues in Alabama vary on whether they will reach back to charge a father with back child support...Read more »
Ok, you have 2 different questions really. First, unless there is a court order is place directing otherwise your ex-husband cannot control whether you take your children out of state. Now, you cannot move without following the relocations procedures but as far as out of state trips or visits go...Read more »
The answer below it correct. Child support in Alabama terminates at 19 which, by the way, is a year longer than most every other state. There are however 2 exceptions. If the child has special needs by virtue of a disability a court could order child support to continue. In addition if you have...Read more »
Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my... Read more »
A lot of interesting things going on with your fact pattern. I would suggest that given the number of moving parts involved that you go ahead and set up a more individualized consult with an attorney rather than trust solely the bits of information gained in general responses here. I will say...Read more »
Divorce lawyer said $4,000 retainer fee was more than enough. Court hearings were put on hold for months during coronavirus, yet the lawyer kept racking up the bill somehow and now says I owe $6,000 more. Is this legal? Can the charges rack up even when everything was closed?
Although the lawyers before you provided excellent responses and advice I feel the need to weigh in on this question as it comes up so often in one form or another. First, read your contract. Your contract should spell out exactly what you are to be charged for and what is free. What you will...Read more »
I live in Alabama. Can my daughters father go against court order and keep my daughter from coming over for visitation.? My daughters father took me to court and the final hearing was last year in February. He was awarded custody because he has more money than I do. I was never deemed as an unfit... Read more »
The answer as I often find myself telling people is that anyone can do anything they want too...However, the real question is will he be held accountable. I assume that the same Order that gave him custody gave you custodial rights or at the least visitation. The Order will tell you what your...Read more »
Him moving over 4 years ago. He’s also claiming that she has said she’s miserable here and wants to live with him. We know he has involved her heavily throughout this whole process which is against the previous order. My wife has checked with everyone involved with her day to day life, and they... Read more »
The issues involved in your situation are much to complex to analyze in a quick answering on a website. You need to seek out and get a consultation with a practicing attorney in the area where your case will be heard. So much of this type of law is based on the decision making of one person, the...Read more »
She asked me how much$ 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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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