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Questions Answered by Shane Michael Oncale

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 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 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 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 later as the... 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 next... Read more »

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 let me know... Read more »

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 live in... Read more »

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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1 Answer | Asked in Child Custody for Alabama on

Q: Can I legally obtain my children from a saftey plan still have my custody nor has judge told me i have lost my rights

Haven't been to any court

Shane Michael Oncale answered on Mar 21, 2019

It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether... Read more »

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

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

Shane Michael Oncale answered on Mar 21, 2019

Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: Can the mother stop the child support at anytime ?will the father still be liable for arrears and interest?

Shane Michael Oncale answered on Mar 18, 2019

Only a court with proper jurisdiction can make any change to child support. No court has the ability even if good cause is shown to forgive child support once the time for its payment has passed. If the payor of child support is in an accident and slips into a coma for a year child support will... Read more »

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on

Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: My husband abandoned me and my two children seven years ago, can I file for spousal support and child support? How?

Shane Michael Oncale answered on Mar 10, 2019

If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for... Read more »

1 Answer | Asked in Child Custody for Alabama on

Q: I have a child that is 14 that lives with mother but i was told he takes care of himself and she is never home.

what can i do this is in Alabama but i live in florida

Shane Michael Oncale answered on Mar 10, 2019

You can file a petition seeking custody (but you better have your proof lined up first). You can notify DHR and let them open an investigation.

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

Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?

Shane Michael Oncale answered on Mar 10, 2019

A "lawyer" can't order you to do anything. Only a judge could enter an Order.

1 Answer | Asked in Child Custody for Alabama on

Q: My partner took our daughter from our home and moved her to her grandparents with him in another county is this legal

He has taken her out of her school here and said he is enrolling her there. What can I do

Shane Michael Oncale answered on Mar 10, 2019

You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on

Q: Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?

The non custodial parent has agreed to pay after the child turns 19th for the first 4 years.

Shane Michael Oncale answered on Mar 8, 2019

You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: My child is 14 and now lives with me. What do I need to do to stop court ordered child support.

Shane Michael Oncale answered on Mar 8, 2019

You have to go back to the court that originally awarded custody and child support and modify both. You can't just flip custody between yourselves. The court has to sign off on what is in the best interest of the child. You do not immediately stop owing child support just because the child is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on

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

My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »

Shane Michael Oncale answered on Feb 27, 2019

First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution.... Read more »

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

Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.

I have full custody of my son. Colorado put a forthwith pickup of minor order but it doesn't work in Alabama. Alabama won't rewrite unless Colorado judge calls and confirms. Colorado refused to call because there is no case open in Alabama. I'm goin to Alabama to open case but 1) what do I file? I... Read more »

Shane Michael Oncale answered on Feb 17, 2019

If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to... Read more »

1 Answer | Asked in Divorce for Alabama on

Q: My husband and I are getting divorced.

The home was his before we married. I sold the home I was living in at a loss and sold the majority of my furniture because his was already furnished. We also made several considerable upgrades to the home while I was living there. What am I entitled to in the divorce?

Shane Michael Oncale answered on Feb 4, 2019

The answer to the riddle does not end with who may have owned the home at the time of the marriage. If payments towards the mortgage or towards the improvements or towards the second mortgage which secured the money for the improvements you mention were made with marital funds or created marital... Read more »

1 Answer | Asked in Divorce for Alabama on

Q: I was emotional before trial and My lawyer agreed and settled so I got nothing after 18 yrs. Now don't return my calls.

When the Decree was done he was suspose to call me so I could come in and discuss it. It was filed the 11th of January and I haven't heard from them

Shane Michael Oncale answered on Jan 28, 2019

When you agree there are very limited if any grounds to back out of that agreement or to appeal the result which is the judge entering an order adopting your agreement. Time is of the essence. You have 30 days after the decree is entered to ask that any portion be reconsidered. You have 42 days... Read more »

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