Alabama Questions & Answers

Q: What steps do I need to take to have my child support modified for me maintaining health insurance coverage on my child?

1 Answer | Asked in Child Support for Alabama on
Answered on Dec 18, 2018
Kristine Jones' answer
Hello, you would need to file a Petition to Modify. In most counties, those are between $200-$400 to file. You should seek out legal counsel in your local area to determine the best course of action based on your specific facts and circumstances. Best of luck!

Q: Do I need legal counsel when purchasing real estate (new lot on smith lake) Seller is Alabama Land Sales of Jasper.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Dec 16, 2018
Vincent Gallo's answer
If you do not have your own legal counsel, how do you know what you’re getting yourself into?

Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver

2 Answers | Asked in Car Accidents and Wrongful Death for Alabama on
Answered on Dec 14, 2018
Peter Munsing's answer
Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.

Q: Can my x, who is remarried drop childsupport / back childsupport ?

1 Answer | Asked in Adoption and Child Support for Alabama on
Answered on Dec 14, 2018
Kristine Jones' answer
The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.

Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should speak with a family law attorney in your area. Best of luck!

Q: What are my options? HELP

1 Answer | Asked in Divorce and Child Custody for Alabama on
Answered on Dec 10, 2018
Shane Michael Oncale's answer
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 substantial change in circumstances. The child's routine, what the child is used to, is of great importance. Suddenly ripping him from regular contact with you and switching to a more "standard"...

Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?

1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on
Answered on Dec 3, 2018
Timothy Denison's answer
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

Q: If i was in a head on collusion, but dont know who was at fault, what should i do?

1 Answer | Asked in Car Accidents, Libel & Slander and Personal Injury for Alabama on
Answered on Dec 3, 2018
Rahlita D. Thornton's answer
You should consult an attorney who handles car accident cases and provide them with as much information as you have. You may also be able to retrieve the police report from the investigating police entity. If you do not know then consider contacting the police in your area. We hope that you are on the mend as a result of your accident. Good luck in your investigation.

Q: What is your honest opinion on my Child Custody Case?!

1 Answer | Asked in Child Custody and Family Law for Alabama on
Answered on Nov 29, 2018
Shane Michael Oncale's answer
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 into a child custody determination and so much depends on the beliefs and trends with a particular judge as to what they view as important. Your attorney should be able to discuss the good and bad...

Q: Is child support mandatory in alabama. Divorce is final but nothing in the decree about child support being paid

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 28, 2018
Kristine Jones' answer
No, child support is not mandatory. It depends on the custodial arrangement between the parents and then it is calculated according to Rule 32. Good Luck!

Q: I am the executor of my mother's will. I am in the process of having it probated (waiting on 1 waiver)

1 Answer | Asked in Estate Planning for Alabama on
Answered on Nov 26, 2018
Jack T. Carney's answer
The answer to your question depends on the particular facts of your situation. The issue will be whether those accounts became assets of the estate or assets of your sister at your mother's death. As Executor you will have the power and maybe even the obligation to research that issue and determine if those accounts are more properly titled in the estate. As your attorney probably told you, you do not need her waiver to become Executor (the process is just more cumbersome without it)....

Q: If you have several kids by different mothers, does the amount of child support decrease for the most recent child?

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 21, 2018
Shane Michael Oncale's answer
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 then the amount of that child support is deducted from that parents gross income for the determination of the support obligation for future child support determinations. It is not based on age but...

Q: Do I have to wait to cash any insurance settlement check for damage to my SUV if I also want to file a personal injury

2 Answers | Asked in Personal Injury for Alabama on
Answered on Nov 20, 2018
J. Brent Burney's answer
Generally you do not have to wait. The property damage claim is a separate claim from your bodily injury claim which includes claims for medical bills. You should make certain that there is no language on the endorsement section of the check that states you are waiving all claims related to the accident by endorsing and/or cashing the check.

Q: My daughter is 18 and will turn 19 in May. I pay current and arrears. Can I end the current support and only

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 16, 2018
Mr. James Parrish Coleman's answer
You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.

Q: Can a bank charge late fees on a mortgage when one of the borrowers has a discharged bankruptcy?alabama

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Nov 15, 2018
Timothy Denison's answer
Yes, but only against the non-discharged borrower.

Q: What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr

1 Answer | Asked in Estate Planning for Alabama on
Answered on Nov 15, 2018
Frank Truncali's answer
The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be necessary. Also, if they had any deposit or investment accounts with no co-owner or named beneficiary, then probate would be necessary. Additionally, probate gives creditors a specific amount of time to make...

Q: I hired a dock building company to do some work.

1 Answer | Asked in Contracts for Alabama on
Answered on Nov 14, 2018
Mr. James Parrish Coleman's answer
Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would have to sue them and get an order that says they will specifically perform. It is not really likely that a court would do that.

Q: What is a reconciliation between parties in a divorce? After a year the husband continues adultery can divorce start?

1 Answer | Asked in Divorce for Alabama on
Answered on Nov 14, 2018
Mr. James Parrish Coleman's answer
A reconciliation is where the parties get back together. I don't understand the rest of your question.

Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,

1 Answer | Asked in Family Law for Alabama on
Answered on Nov 13, 2018
Mr. James Parrish Coleman's answer
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.

Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of

1 Answer | Asked in Domestic Violence for Alabama on
Answered on Nov 7, 2018
Mr. James Parrish Coleman's answer
DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.

Q: my dad recently died and he was married to my mom who is already dead i am 17 and married and i am legally his daughter

1 Answer | Asked in Family Law for Alabama on
Answered on Nov 5, 2018
Mr. James Parrish Coleman's answer
I can't tell you what rights you might have to his property because I don't know all the facts. However, I will tell you that if your mother died first, and then your father died, and he had NO WILL, then you and his other children would inherit his property in equal shares. This process has to be followed by opening an estate in the probate Court

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