A change can be made anytime a parent can prove a material change in circumstances. If nothing has changed then no the judge will not consider a modification. On the other hand if there have been material changes in circumstances the judge could consider a change. The joint custody designation... View More

There are many questions here for which you need to speak directly with an attorney and fill in the blanks but, generally, child support is something that can be modified at any time if there has been a substantial change in circumstances. The situation you set forth certainly sounds like a... View More

You have to understand there are no hard and fast rules but instead "positions" you can take. If you are going to find yourself back in court you are going to need legal representation. Child support is set according to Rule 32 of the Alabama Rules of Judicial Administration. If you... View More

Confusion seems to be endless on the issue of child support. Child support is based on the gross income of the mother and father. It doe not include the income of other parties such as the wife or husband, parents, brother, sister, live in boyfriend or girlfriend. Likewise, other parties cannot... View More

It sounds like it is time to go back to court. The Order you are operating under was entered at a specific time when the circumstances of both the parties and the child were tremendously different. You can go back to court to modify child support, custody and visitation any time there is a... View More

You have hired an attorney which means that attorney works for you. Why did you hire him if you do not trust the advice he has given you or the way he has provided that advice? No one is going to give you certainties or percentages that is not how this works. There are so many factors that go... View More

As with most questions the answer is not that simple. Child support in Alabama is based on the gross income of both parents, the cost of healthcare insurance and the cost of daycare subject to a cap based on where the child lives. If a parent is paying COURT ORDERED child support for another child... View More

In order to provide you any advice I would have to know more about what is actually going on, the jurisdiction and some other factors. While delays are certainly the norm if the extent, nature and reason for the delays is something that concern you I suggest you sit down and talk to your attorney... View More

This question is more proper under the heading "Estate" or "Wills and Estates" than it is under Family Law but regardless the answer to your question is not as simple as you make it out to be. You will have to sit down with an attorney to make several determinations. Under... View More

If divorce has not been filed and/or no order has been entered there is no prohibition as to what either of you do with your money. Obviously if she is no longer depositing money into the joint account you should likewise cease to deposit money and instead seek some sort of resolution on how... View More

Many courts have standard provisions they put in all Orders. The Exhibit A is an example of that sort of document. The court retains jurisdiction over your case for 30 days allowing you to file a motion to alter amend or vacate the order. Since the provision in question contradicts the actual... View More

If he is ordered by a court to pay child support and is not doing so then you can take him back to court seeking that he be forced to show cause why he has not been paying and held in contempt accordingly. I assume from what you are saying he also has court ordered visitation. If so, it does not... View More

It is very uncommon for a judge to make a custody ruling directly from the bench following a trial and it is in fact not a good idea to do so. When something as important as the custody of a child is at stake emotions are very high and there have been numerous occasions when violence and even... View More

You can go back to court and seek an amendment of the current order anytime there is a material change in circumstances. The problem you are going to have is proving that something material has occurred that no longer makes it feasible for you to pay transportation costs. Short of a job loss or... View More

Unfortunately many people come to court and lie. Fortunately, there are numerous features in the system that help to both expose a liar and to limit those things they can lie about. The most important feature is cross examination. If you are going into a contested proceeding you need a lawyer.... View More

Any award of attorney fees is discretionary with the court. Unfortunately I have found this to be true even when the Agreement executed by the parties and converted to an Order by the judge has a fee provision that should not be discretionary. It creates an issue for appeal but few have the money... View More

The short answer is no. Each time you go to court seeking a modification of an order you must prove a material change in circumstances. That material change has to have occurred since the last time you were in court. You can't just hold something in your pocket wait a couple of months and... View More

These types of cases can be very difficult. Is there currently a custody and visitation order in place that gives him week on week off visitation? Was that an agreement or was it ordered by the court? How long have you been doing week on week off visitation? How do you exchange the children... View More

There is a great deal here that needs to be discussed and some apparent misconceptions in my opinion. You would probably be best served to retain a lawyer to help you in this process. It is a lot more involved than your question suggests. In a nutshell, as you seem to recognize, there are 2... View More

If the child lives in California all issues concerning custody of the child will have to be handled in California. You should seek legal advice in California. Custody of a child is serious business. It is not like the sale of a car. There is no "form" that can be filed to transfer... View More