I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... View More 
I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... View More
Me and my wife are getting a divorce but we will handle everything with our son on our own , is it mandatory to have it in the divorce decree ?
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... View More
answered on Feb 25, 2022
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
answered on Feb 24, 2022
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.
My husband and I have been married ten years and together 13. He is now wanting A divorce. We have A new 10 month old son and A 14 year old son( not his biological but he has been his dad since he was 2) I am A homemaker and he works fulltime. I have NO access to any of our money and I don't... View More
My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... View More
answered on Feb 16, 2022
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
My husband filed and still is refusing to sign papers dropped his lawyer (in 2022) and is now using to one I consulted with is that not a conflict of interest regardless of time past as long as it is the exact same case? I mean I disclosed to her all the information I had to dispute what he was... View More
My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More
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answered on Feb 23, 2022
You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.
It partly depends on what... View More
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More
answered on Nov 1, 2021
There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving
answered on Oct 1, 2021
You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.
You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a... View More
answered on Oct 1, 2021
You would likely be entitled to some portion of the value of the home based on the payments made on the home or improvements done to the home during the time of the marriage regardless of the name on the deed or mortgage. Approximately 50% of all payments made during the marriage or improvements... View More
answered on Sep 28, 2021
I see the question is asked under "Divorce" so I will assume that you are married to the person who owns the house. If the house was acquired during the marriage, or used for the common benefit of you and the other person during the marriage, then the house is subject to being divided in... View More
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.... View More
answered on Sep 13, 2021
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... View More
answered on Aug 13, 2021
A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.
answered on Feb 22, 2021
Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... View More
i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.
answered on Dec 14, 2020
You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... View 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?
answered on Nov 18, 2020
You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.
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... View More
answered on Nov 18, 2020
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... View More
answered on Nov 11, 2020
He will pay child support until the son turns 19. Then he can go to the courthouse and fill out a Termination of Child support and file it with the court. If he is ordered to pay half of the tuition then he will have to continue to pay it. However if he is not court orders to pay for half of the... View More
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