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Alabama Questions & Answers
1 Answer | Asked in Divorce for Alabama on
Q: Can attorney withhold funds from client received from a divorce settlement to pay for attorney services.

If client has repeatedly requested invoice and such was not provided until after the attorney received the clients settlement funds.

Travis T Juneau
Travis T Juneau answered on Apr 7, 2020

If I am understanding the question correctly, and please correct me if I'm wrong because this is based on a fair number of assumptions, 1) you hired an attorney for a divorce 2) you agreed to compensate said attorney at an hourly rate (contingency fees on divorce cases is barred by the Alabama... Read more »

2 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Terminating the rights of child’s father who has joint custody, but doesn’t abide by decree?

My daughter’s father and I have joint custody. He lives in another state. He has not contacted my daughter in 4 months. Before that it was 2 months. He has never paid his court appointed child support. He has not followed anything from the divorce papers that pertains to my daughter. My question... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 7, 2020

If he has gone for more than four months without providing any emotion, physical, financial or other support and has no contact with the child for that period you can file a petition to terminate his rights. You have the burden of proving that he has in fact abandoned the child within the meaning... Read more »

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My landlord tells me I cannot have my boyfriend over or he will trespass him what can I do

What is my cousin are both on the lease she does not like my boyfriend that's why the landlord is saying that but her boyfriend is allowed there. My boyfriend has broken no rules or laws on the property

Sheila Crumley Field
Sheila Crumley Field answered on Apr 7, 2020

No they may not prevent him from coming in the property. However if he spends the night he could possibly evict since he’s not on the lease.

1 Answer | Asked in Child Support and Divorce for Alabama on
Q: Do you have to show proof of how much daycare expenses are when filing for child support?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

I assume you are asking about an Alabama matter. You execute a sworn to affidavit when you put down how much work related daycare is being paid. This is widely abused, with made up numbers provided by day care workers who are actually family members and a host of other problems. If you are paying... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question what... Read more »

2 Answers | Asked in Criminal Law for Alabama on
Q: person has had a felony warrant issued by the state of Al for 80000 worth of stolen property from a store?

But wouldn't have done it if he wasn't in a active addiction and has been wanting to go in to a long term rehabilitation Facility 9 months to 1 year

Kyle D Pierce
Kyle D Pierce answered on Apr 3, 2020

Then, based on their history, there may be diversion programs available that would allow them to complete cases to have the case dismissed, but you should contact and hire a criminal lawyer immediately

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1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: When I went to divorce court concerning custody of my son, I wasn't aware of his father's violent past.

He has a violent history and I think he has no business having any part of our son's life. He has three different PFAs against him by three different women, he has 6 different Violation of Domestic Injunction charges, and 4 Domestic Battery charges. Is there anything I can do about this? Do I have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

It would be difficult. You don't say how long ago you went to Court. You also don't say what you did to learn of his past. If you could have learned about this stuff (if only you'd looked) you can't go back to Court and say I didn't know. It is critical to know how long ago this was. If he... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Periodic Alimony Payments (Alabama)

My divorce states that my ex is to pay me $600/month for 12 months after the date the agreement is signed. But I am now pregnant, not by him of course. Can my pregnancy cause for the alimony to be stopped or does he still have to pay. No special wording on divorce agreement paperwork just that he... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

I think at worst your agreement is unclear and subject to two meanings. Alimony that is set out with a definite time limit is usually specifically called "alimony in gross" in the agreement. To call the alimony "periodic alimony" which is ended by co-habitation (but not by simple conception of a... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a paper signed and dated by the former director of ccp in Lawrence county and an inmate, with the EOS date

6-06-18 was the date. A warrant was issued after that and she has been in jail since January 28, also doesn't owe restitution or fines

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

That’s far outside the scope of any help that can be provided on a forum like this. A criminal lawyer can help you unmuddy those waters.

Generally, it seems like there is some other charge holding him.

1 Answer | Asked in Criminal Law for Alabama on
Q: My step son had a armed robbery warrant for his arrest. On 10-28-2019 the police busted down my door and searched my

home. My step son was here but does not live here. When they finally showed us the warrent The search warrant was for his address and the description of the trailer was not my trailer, but they searched my house and seized all my firearms. (I got those back 3 months later.) When they were told they... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

If the warrant was for another house, then the evidence may be able to be suppressed. You need to hire a lawyer for your case quickly.

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

This is more of an Elder Law question than Criminal Law. However, you may be able to get an Protection Order in those circumstances, but I’d need to know more about your Mom’s condition.

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1 Answer | Asked in Child Support for Alabama on
Q: What happens with our child support if my ex passes away.

My husband died, how will i keep getting child support

Kristine Jones
Kristine Jones answered on Mar 30, 2020

Hello. Some people use a life insurance policy to fulfill financial obligations. You can attempt to sue his estate as a creditor, if an estate has been opened. Or, try to get SSI benefits on behalf of your child. Sorry for your loss and best of luck.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm from Alabama. My daughter is 12 and her mother has primary custody. What age can she legally decide to live with me?

She has requested to live with me instead. She feels uncomfortable with mom's new boyfriend and they just got engaged.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

19

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: What do I need to do if my sixteen year old has a warrant
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

To state the obvious, you need to call an attorney. A lawyer can often get a warrant withdrawn and allow the defendant to appear and post a bond. Get a lawyer who does juvenile dependency in Mobile County, or criminal defense. We do both and you can contact us if you like.

1 Answer | Asked in Child Custody for Alabama on
Q: In Alabama, at age 16 can a child leave home to live with other relatives when I have custody?

The child will be turning 16 in June. She is my granddaughter from my deceased son. Her mother is deceased as well, Feb. 5, 2014 and my son Nov.21, same year. The relatives on her mothers side is putting ideas in her head that she does not have to live with me when she turns 16. The child feels... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

In a word, no. You have custody until she is 19 years old. If they keep the child from you they are committing custodial interference. Tell them send the child back to you.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: I live in Ala. w/ my 4 yr. old son.The biological father lives in TN.Where do i file for acknowledgement of paternity?

Father has never helped or tried to meet son.His name isnt on birth certificate.I gave birth in TN but have been living in Ala. Trying to figure out how to get paternity testing or acknowledgment of paternity form and in which state should i file?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

Alabama, the home state of the child. I would say you should consider terminating any right that he has. Get rid of this guy once and for all.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex threatens me to go back to court for custody of our son, but acts like he doesn't want him. What can I do?

He was ordered to pay child support back in October, but has only paid one month so far. He keeps giving the court the wrong names of his employers on purpose to avoid payroll withholding. He only makes token attempts to talk to our son for only two minutes at a time every night. He calls at the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 28, 2020

You can go back to Court and ask for your support. If he is a danger to the child, you must show that to the Court.

1 Answer | Asked in Contracts for Alabama on
Q: Is there at statue of limitations on statute 13a-8-142 in alabama
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 27, 2020

This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.

1 Answer | Asked in Divorce for Alabama on
Q: Divorce finalized as of 01/06/2020..Per divorce agreement he agreed to pay me $300 for 6 months starting Feb 2020

It's for support for me, not child support. I became pregnant after divorce by current boyfriend. He doesn't know that I'm pregnant yet but was late with the 1st payment for Feb and hasn't paid anything for March yet. Can he ask to stop paying support due to my pregnancy when he finds out, although... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2020

The question will turn on the language in the order or agreement. This sounds like alimony in gross in the nature of a property settlement which is not effected by your cohabitation or remarriage. Read the order carefully. It does not matter who he is shacked up with. If -- on the other hand -- it... Read more »

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