T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the... View More

**I am a New York Attorney - so my answer only applies to laws in New York.

New York is a "no fault" state. As such, absent "shocking the conscious" claims, maintenance is determined by parties' income and a percentage of length of marriage. In other words, most of... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More

Simple. File a motion Nunc Pro Truc (This for That) to correct the name

Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!

Hello. Thank you for your question. Without knowing if you had a trial or reached settlement prior to trial, you may be subject to a Contempt action, modification of other provisions in the Agreement or Decree, and paying court costs/ her attorney fees.

Hello. If you sent him Discovery in your divorce, then you and your attorney in that matter would have received his answers so no need to ask his attorney to reproduce items you received. Best of luck in your next case.

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t... View More

You can file a petition to modify support to include an additional amount for arrears. There is a "do it yourself" petition available from the Alabama Office of Administrative Courts.

If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.

Child support belongs to the child, and child support forms are required by law. There are certain circumstances where the parents can justify to the court that child support should not be ordered (for example, joint physical custody with equal parenting time; both of you make the same amount and... View More

You'd additionally need the county , but this is a case number.

Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere... View More

Hello. No, divorce decrees are public records. They do not contain personal information like income, credit card numbers, or anything financial. Money/amounts owed would be the only thing listed in a decree. Thanks for your question.

Thank you for your question. No, that is not how child support is calculated. It should have been recalculated according to Rule 32 guidelines. A modification to recalculate should be filed to address the remaining child and enter an IWO so the arbitrary reduction in payments do not happen again.... View More