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Alabama Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: can a 16 year old autistic girl date a 19 year old? this started when she was 15 but turned 16 sept 2019.

This man has been taking advantage of my autistic daughter. I have found messages from him relating to sexual content. she is not capable of making those decisions, its more like shes 12. she is home schooled and doing 6th grade work. I have told him not to ever contact her again. I have taken her... Read more »

Kate Furek
Kate Furek answered on Oct 14, 2019

You should contact your local law enforcement. Do not delete any content from her phone or continue to talk to her about the incident.

1 Answer | Asked in Criminal Law for Alabama on
Q: I have been charged with promoting prison contraband but it was not intentional do I have a chance to fight it
Kate Furek
Kate Furek answered on Oct 14, 2019

Whenever charged with a criminal offense, you should plead not guilty until you can discuss the facts of the case with a lawyer. If you cannot afford one, ask if one can be appointed to you.

1 Answer | Asked in Probate for Alabama on
Q: My fiance passed away and she had no will no parents no children what are my rights

We had been together for 3 years she been living with me the whole time rent free I'm wondering what my rights are

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

Unfortunately you have no right to inherit, and if the nonpayment of rent was by mutual agreement you can’t make a claim for rent either. This is why everyone needs an estate plan and should update it when they get engaged, married, divorced, bear children, etc.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is a reverse split sentence Alabama
Kate Furek
Kate Furek answered on Oct 12, 2019

In Alabama, a reverse split sentence varies from a traditional split sentence because the suspended time is to be served first and then the “split” or non-suspended time is to be served last. However, unlike a traditional split sentence, after the initial probationary period the judge has... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If 5 siblings own real property and all five die without will who gets property
Amanda B Cook
Amanda B Cook answered on Oct 11, 2019

There are too many unanswered questions in your fact pattern to give a definitive answer. It would be best if you can see a real estate or probate lawyer to ask your question, so that the lawyer can get all relevant facts from you before giving you an opinion. There is no simple answer from what... Read more »

1 Answer | Asked in Banking and Federal Crimes for Alabama on
Q: Is this fraud?

In December 2018 I was given 2 Thrivent Financial debit cards loaded with $250 each, $500 total. Both cards have "valid thru 09/21". I used one of the cards for around $25 shortly after receiving it, but the next time I tried to use it the card was declined. My wife tried to use the other card and... Read more »

Gary Kollin
Gary Kollin answered on Oct 3, 2019

And you believe them?

1 Answer | Asked in Energy, Oil and Gas for Alabama on
Q: Is it illegal to smoke at a gas station in Alabama?

I saw a guy smoking as he walked behind a pump within 5-10 feet of the pump. Is that illegal?

Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

An Alabama attorney would probably know this best, but your question remains open for a week. In general, some jurisdictions treat it as a misdemeanor. Some treat it as a violation of fire or public safety codes, or combinations of the two. For reasons even children recognize, it's not a good thing... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Alabama on
Q: Took my vehicle to a body shop to help color changed o

Took my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor bodTook my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor body work dropped off March 30th the it was still at shop over... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

Just about any attorney could write the letter you describe. I don't know what kind of working relationship you have with the shop, but it's possible that it could be more practical to simply contact them yourself in a less confrontational manner and ask them what is causing the delay and where the... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Our son was divorced one year ago this Oct. Per the decree, the marital home (which is owned JTWROS by my wife and me

Is supposed to be sold within 3 years (now 2 years). My wife refuses to sell, AND In fact, has leased the home to our former daughter-in-law without my knowledge or consent. The decree specifies no rent is to be paid for the 3 year period, and I assume my wife’s lease also is rent-free.... Read more »

Kristine Jones
Kristine Jones answered on Sep 30, 2019

Hello. It's difficult to know without looking at the decree or settlement agreement about the status of the lease. It may be valid unless there's a provision stating it can't be leased during that time period. Your son can enforce the decree once the time to sell has lapsed if the house is still... Read more »

2 Answers | Asked in Social Security and Bankruptcy for Alabama on
Q: I got denied disability and need a financial aid lawyer to help with my appeal
Cristina M. Lipan
Cristina M. Lipan answered on Sep 30, 2019

You should search for legal aid in Alabama, and see what is available close to you. If you don't qualify, keep in mind that most attorneys will only charge you if successful in finding you disabled.

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1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can I sue a pain doctor for closing his practice with out notice
Tim Akpinar
Tim Akpinar answered on Sep 28, 2019

An Alabama attorney would know best as to any state-specific aspects of your question, but it remains open for three weeks. As a general matter, it doesn't appear to have the basis for a claim. A patient could seek treatment elsewhere. And if there was an emergency, the point of first response... Read more »

2 Answers | Asked in Immigration Law for Alabama on
Q: I AM TRYING TO IMMIGRATE MY WIFE FROM PAKISTAN. THEY ARE SAYING OUR PETITION IS BEING CANCELED ?

WE HAVE COMPLIED WITH EVERYTHING THEY HAVE ASKED

Denise Anderson
Denise Anderson answered on Sep 25, 2019

Without reviewing the forms you submitted. I cannot provide a feedback regarding why the petition was cancelled. I recommend that you contact an Immigration attorney to review the forms you submitted, and to review the notice you receive from Immigration Services. The attorney can provide the... Read more »

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1 Answer | Asked in Divorce for Alabama on
Q: What is the typical cost for an uncontested divorce?
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. It varies depending on how in depth the settlement agreement needs to be drafted. It also depends on how uncontested is it? Have you and your spouse worked out all the details or do you expect the attorney to do that for you? Also, court costs vary from county to county so that depends on... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: In Alabama when u go for child support how far back can you go? My child is 4.

My child’s father hasn’t been involved in his life in 4 years. I gave in and let him see him about a month ago (he’s been on drugs and swore he was clean) so I cannot dole abandonment. He went to put himself in child support to look good, can I get child support all the way back to my child... Read more »

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You can ask for it to be retroactive back to birth, but that is something within the judge's discretion based on the facts of your case. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: If my childrens father already pays child support to his ex wife, how will that affect my child support?

He pays her 380 amonth

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. He will get a credit of $380 deducted from his gross monthly income.

1 Answer | Asked in Child Support for Alabama on
Q: My wife's ex will pay for something for their daughter then take it out of the support he pays. What are our options?
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. To file contempt would be your option, without knowing the specifics of all the facts. Your wife should seek counsel in her area to determine what is the best course of action. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Do I have to pay Child Support in Alabama after my child is 19 and going to school?

My Daughter is 18, has graduated from High School and is currently working. She will turn 19 next May. My ex wife says that if my Daughter enrolls in college that I will have to continue paying Child Support as long as she is a student up to age 21. Is this correct? I see nothing in my Decree that... Read more »

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. I don't know when your divorce was finalized so it may make a difference. Under the current law, no, you would not owe child support past 19. The only way you could is if you agreed to pay after she reached age 19. I would contact counsel in your area and consult with them to make sure. Best... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I go about getting a birth father's parental rights terminated for myy almost 5 year old daughter?

No contact in almost 2 years. Never really helped with anything for child. Was never married, just dating. Live in Alabama. I do not want child support.

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Im currently not getting proper visitation with my daughter who is 6 but im expected to pay child support what can i do
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. Sounds like you need to contact an attorney in the county where your child lives and consult with them on how to enforce your parental rights. Best of luck!

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the penalty for assault 3rd pleading guilty
J. Brent Burney
J. Brent Burney answered on Sep 24, 2019

Assault in the third degree is an A class misdemeanor. It carries up to a 12 months in the county or city jail and/or a fine not to exceed $6,000.00. A conviction would also have court cost and possible claims of restitution. You should consult a criminal defense attorney and discuss all of the... Read more »

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