Alabama Questions & Answers by Practice Area
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Alabama Questions & Answers
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Q: If child support was set up by DHR and no custody was established, is the mother automatically the custodial parent?
Mr. James Parrish Coleman's answer
You have no custodial rights just because you are on the birth certificate or paying support. Parenting issues must be settled in the Court. THose issues are NOT part of the DHR child support cases. WHile it is very common to hear the child support DHR matter at the same time a custody matter is heard, DHR deals in money, not custody. Go to court if you want visitation.
You have no custodial rights just because you are on the birth certificate or paying support. Parenting issues must be settled in the Court. THose issues are NOT part of the DHR child support cases. WHile it is very common to hear the child support DHR matter at the same time a custody matter is heard, DHR deals in money, not custody. Go to court if you want visitation.
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Alabama
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
Q: Is being order to pay child support the same as a civil suit?
Mr. James Parrish Coleman's answer
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Q: My husband and I are separated but not divorced. There currently is no custody agreement.
Mr. James Parrish Coleman's answer
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
Q: Is property in danger during bankruptcy if I am a beneficiary on a warranty deed joint tenants w/ right of survivorship?
Timothy Denison's answer
It is a future contingent interest. You should be fine but consult a lawyer in preparing your petition.
It is a future contingent interest. You should be fine but consult a lawyer in preparing your petition.
Q: I am a 17 year old and my dad has full custody over me what legal age do I have to be to move out
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to
Mr. James Parrish Coleman's answer
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Q: In Alabama, if a widow with no children inherited all of her late husband’s property and she dies without a will, who
Jack T. Carney's answer
Alabama law provides for the disposition of an individual's property if that individual dies without a Will. It is called "intestate succession." There is a specific statute that directs the disposition of property when one dies without a Will and a spouse. I pasted a copy of it below. Basically, it would pass to the decedent's next closest blood relatives per Alabama law.
The statute is as follows:
Section 43-8-42
Share of heirs other than surviving spouse....
Alabama law provides for the disposition of an individual's property if that individual dies without a Will. It is called "intestate succession." There is a specific statute that directs the disposition of property when one dies without a Will and a spouse. I pasted a copy of it below. Basically, it would pass to the decedent's next closest blood relatives per Alabama law.
The statute is as follows:
Section 43-8-42
Share of heirs other than surviving spouse....
Q: Could you please tell me the exact forms that I need to file with the court to have child support/IWO terminated at 19?
Kristine Jones' answer
Hello, thank you for mentioning me in your question! The forms that are available to everyone for free on the internet are CS-44 and CS-45. Please read the forms carefully and provide the information they ask for including the fee to the clerk. If you have further questions, you could contact the clerk 's office in the county you intend to file. I do not practice in Fairhope, so they may require other or additional forms or information. Best of luck!
Hello, thank you for mentioning me in your question! The forms that are available to everyone for free on the internet are CS-44 and CS-45. Please read the forms carefully and provide the information they ask for including the fee to the clerk. If you have further questions, you could contact the clerk 's office in the county you intend to file. I do not practice in Fairhope, so they may require other or additional forms or information. Best of luck!
Q: Can I file for bankruptcy and what is the first step?
Kevin M Ryan's answer
A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop the moment you file the case ( the “automatic stay” order)
If you are in Southern Alabama ( Mobile, Baldwin, Monroe, Washington, Conecuh, Escambia or Choctaw County, we can help....
A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop the moment you file the case ( the “automatic stay” order)
If you are in Southern Alabama ( Mobile, Baldwin, Monroe, Washington, Conecuh, Escambia or Choctaw County, we can help....
Q: Can I interfere with dhr custody?
Mr. James Parrish Coleman's answer
Please try this question again. What is TLC? TPR maybe? Please ask again.
Please try this question again. What is TLC? TPR maybe? Please ask again.
Q: Can a judge make me move back after moving to another state if there is no custody agreement?
Mr. James Parrish Coleman's answer
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
Q: My husband and I are getting divorced.
Shane Michael Oncale's answer
The answer to the riddle does not end with who may have owned the home at the time of the marriage. If payments towards the mortgage or towards the improvements or towards the second mortgage which secured the money for the improvements you mention were made with marital funds or created marital debt you may still claim an equitable share in the home. Granted your share is not equal but equitable given the situation. The exact extent of your claim will depend on a large number of variables...
The answer to the riddle does not end with who may have owned the home at the time of the marriage. If payments towards the mortgage or towards the improvements or towards the second mortgage which secured the money for the improvements you mention were made with marital funds or created marital debt you may still claim an equitable share in the home. Granted your share is not equal but equitable given the situation. The exact extent of your claim will depend on a large number of variables...
Q: Can I have future CS pymts stopped since I let my daughter move in with her father?
Mr. James Parrish Coleman's answer
Your smart move would be to go to Court and have the support modified, and let what he owes you from the past -- assuming that he still owes you -- will be applied to what you now will owe him in support payments. Yes, that's right, you will now have to pay child support to him if he has the child.
You should not just do this informally.
Your smart move would be to go to Court and have the support modified, and let what he owes you from the past -- assuming that he still owes you -- will be applied to what you now will owe him in support payments. Yes, that's right, you will now have to pay child support to him if he has the child.
You should not just do this informally.
Q: I was in a car wreck that totaled my car so I converted to CH 7 bankruptcy from 13 will I get any of the settlement?
3 Answers
| Asked
in
Bankruptcy, Personal Injury and Car Accidents
for
Alabama
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
John Martin Hilla's answer
You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.
You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.
Q: I am a foster kid in Alabama. Except I moved out a year ago and I am now 19. I have my own place and a good paying job.
Kristine Jones' answer
Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home life to determine if you can support/provide a good home life for yourself and her. You cannot do a relative adoption in Alabama without the adoptee (your niece) living with you for 12 consecutive months...
Hello. I would assume your foster parents have temporary custody pending the location of a viable adoption for your niece. DHR is likely involved as well. You would need to contact your neice's DHR caseworker and them s/he he know you want to adopt her. DHR will investigate you and your home life to determine if you can support/provide a good home life for yourself and her. You cannot do a relative adoption in Alabama without the adoptee (your niece) living with you for 12 consecutive months...
Q: If the parents were unmarried when both children were born & there is no custody agreement, who is the custodial parent
Kristine Jones' answer
Hello. The answer is both of you have equal rights to the children. Dad has a right to know where his children are, if they are moving, what school they attend, health issues, extra curricular activities, religious instruction, etc. You should seek legal counsel in your area and discuss your plans so you do not do something that hurts you down the road. Best of luck!
Hello. The answer is both of you have equal rights to the children. Dad has a right to know where his children are, if they are moving, what school they attend, health issues, extra curricular activities, religious instruction, etc. You should seek legal counsel in your area and discuss your plans so you do not do something that hurts you down the road. Best of luck!
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