Lawyers, Answer Questions  & Get Points Log In

Alabama Questions & Answers

1 Answer | Asked in Personal Injury for Alabama on

Q: My son was attacked by his neighbor with a hammer. This incident left my son with a broken arm that he needs surgery for

Not sure what we need to do. City police giving us run around.

Mitchell G. Lattof Jr answered on Aug 22, 2019

The quick answer is that your son can sue the neighbor for his injuries, however there are a number of complicating issues that cannot be determined from your question. (1) If there's evidence/claims that your son contributed to the altercation, or was the initial aggressor or equally at fault in... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on

Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on

Q: Can 2 people be charged federally for something that was picked up by the feds.

If 2 people were in the car at the time of a traffic stop and a large quantity of drugs were found. One person claims the drug and both were incarcerated. The driver for the drugs and the passenger for obstruction of government operations. The passenger charges were later dismissed. Can they both... Read more »

Gary Kollin answered on Aug 21, 2019

yes

1 Answer | Asked in Immigration Law for Alabama on

Q: Hi i was married in the u.s but got married in india does that count as polygamy too even after i got divorced here u.s.

I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused

Patricia C. Wall-Santiago answered on Aug 21, 2019

No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed immigration... Read more »

1 Answer | Asked in Immigration Law for Alabama on

Q: Hi i want to file for my wife i130 we got married in Jan 2015 but i was married before that and got my divorce aug 2015

I got married in india and i was married here in u.s before that im on my greencard ! Plus in my religion i can marry upto 4 wives legally in india

Kevin L Dixler answered on Aug 20, 2019

The U.S. bars polygamy. You can only be lawfully married to one person at a time. If you were married to more than one person, but did not report it to the USCIS, then you misrepresented a material fact. This can result in the revocation of lawful permanent resident status. I don't know all of... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: How can I get child support dropped if my children’s Mother agree to dropping it

I have 3 Kids I’m paying for on child support the oldest is 19 he doesn’t stay with me or the mother I’m still paying also my 17 year old doesn’t stay with either of us as well and my youngest stay with me but I’m paying. She told her social worker she wanted to drop the child support a... Read more »

Mr. James Parrish Coleman answered on Aug 18, 2019

You can go to court and petition to drop the support, but you've got to show the court why. Just because she wants to is not enough of a reason.

1 Answer | Asked in Criminal Law for Alabama on

Q: Does a person being accused of a crime in another state have to sign a waiver of extradition to be extradited?

Gary Kollin answered on Aug 16, 2019

No they can extradited through process of law

1 Answer | Asked in Divorce and Child Support for Alabama on

Q: Alabama Child Support termination and college / post-minority support non-custodial requirements?

My marital separation agreement from March 2013 states "child support payments shall continue until the minor children of the parties attain the age of nineteen years, marries, becomes self-supporting OR commences college, whichever shall first occur. I have 3 children. One child is 21, another... Read more »

Kristine Jones answered on Aug 15, 2019

Hello, it sounds like you and your spouse signed a settlement agreement. So regardless of what a judge COULD HAVE done then, you settled before it got that far. That being said, the agreement says what it says. So 1) yes. 2) you can, but that is no longer the law unless he agrees in another... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: My dad still pays child support to my mom even though I no longer live with her. Can she legally keep that money from me

Kristine Jones answered on Aug 15, 2019

Hello, child support is used by the receiver for the benefit of the child. If you are no longer living with her, then she should not be receiving money. Your dad should seek counsel in the county where the case is to have it stopped. Best of luck!

1 Answer | Asked in Child Support for Alabama on

Q: When child was first born the mother told me I wasn’t the father she let another man sign the birth certificate and told

Us we couldn’t see him six years later she put me on child support after her and the guy were no longer together is there any thing I can do legally because they are saying I have to pay back time which I feel like I shouldn’t sue to her actions is there anyway I can dispute the matter

Kristine Jones answered on Aug 15, 2019

Hello. She could have filed to put you on child support, but you had/have possible options. You should seek counsel in your local area immediately before a hearing or final order is issued. Best of luck!

1 Answer | Asked in Child Support for Alabama on

Q: My son just turned 19 . He will be attending college on a full scholarship. Does my child support now stop

Kristine Jones answered on Aug 15, 2019

Hello. No, child support does not automatically stop when a child turns 19. You will need to file with the court to officially stop your obligation to pay. Best of luck!

1 Answer | Asked in Bankruptcy for Alabama on

Q: I'm in Chapter 13 Bankruptcy. I'm Getting married. Will I have to report my new spouse's income?

I will be discharged from Bankruptcy in 10 months.

Timothy Denison answered on Aug 14, 2019

No. You do not have to report your new spouses income.

1 Answer | Asked in Tax Law for Alabama on

Q: Someone bought my mothers home at state sale for 2014 taxs i was served papers letting me know

i had no cule that it was even being sold but now i have all these papers i dont under stand trying to get help with understanding them

D. Mathew Blackburn answered on Aug 14, 2019

You should find a local attorney and setup an appointment ASAP if you're interested in paying the tax that was owed and recovering the property. You have a limited period of time to do this. If you can't pay the tax then there's not really anything to do unless the rules regarding the procedures... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on

Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse against... Read more »

1 Answer | Asked in Domestic Violence for Alabama on

Q: If a man is charged with domestic violence and it is his first offense will there be jail time?

William Jaksa answered on Aug 11, 2019

Depends on if its First, Second or Third degree; depends on the facts and allegations; depends on the accused person's background and their personal circumstances. There are a number of factors that need to be considered. However, the accused person should consider putting themselves in the best... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on

Q: I was arrested in May 2018 for stealing almost 3000 dollars from my job.

I still don't have a court date. I paid it all back in full and even wrote an apology letter to the CEO. This is my first offense. Is it possible for me to just receive probation?

William Jaksa answered on Aug 11, 2019

Receiving just 'probation' means that you were convicted of an offence and that was your sentence. An apology letter and paying back the money shows that you're serious and remorseful. If you want to avoid a conviction think of perhaps some community service and perhaps addressing the issues, if... Read more »

1 Answer | Asked in Collections for Alabama on

Q: Is it illegal for a debt collector to come to your house and peep through the blinds in the state of Alabama?

Kevin M Ryan answered on Aug 8, 2019

The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of... Read more »

1 Answer | Asked in Probate for Alabama on

Q: If parents put their land and house in their oldest childs name and give them power of attorney to half all w. Sibling

But when parents pass the executor dont give sibling anything and sells parents titled property. What can other sibling do in regards to parents wishes. Parents said there was a will but has not been filed with probate. What can sibling do to get their part of inheritance.

Nina Whitehurst answered on Aug 8, 2019

This is what happens when people engage in do-it-yourself estate planning. Your parents may not have understood this, but a power of attorney is automatically revoked at death and, also, it is an unusual power of attorney that DIRECTS an agent to do anything in particular. Without a will or a... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: Can child support be transferred from a state that ends support at 19yo to a state that ends at 18yo just to end support

The noncustodial parent lives in Florida. The custodial parent and child lives in Alabama. The noncustodial parent thought he was done with child support when the child reaches 18, however in Alabama its 19yo. He now wants to petition the court to transfer the case to his state so that he can get... Read more »

Mr. James Parrish Coleman answered on Aug 8, 2019

Another imaginative idea from a person who does not understand the law. That won't work. The case stays where the child is.

1 Answer | Asked in Criminal Law for Alabama on

Q: I went to police with 2 bruises on the weekend. They said I have to file charges Monday. I am not going back there

I assaulted him as well, threw a plate. If I go Monday and tell the police everything can the issue be dropped

S. Janaan Hashim answered on Aug 4, 2019

If you haven’t filed any charges, then there’s nothing to be dropped and no need to tell the police anything. But, the guy at whom you threw the plate could press charges against you on his own initiative. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.