Alabama Questions & Answers

Q: if someone presses charges against me and I'm schedule for a bench trial concerning unauthorized use of vehiclr

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 21, 2018

Usually, the court will continue the case at least once in order to give the complainant one more chance to show up in court. Sometimes the judge will send the officers or deputies out to bring the complainant to court. If the complainant cannot be found the case will be dismissed, although in some rare instances the prosecutor or the court might try to compel you to pay them. You would not be liable for the court costs and the court would just have to absorb them. Under the exact facts as...
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Q: Is a felony attempt to elude charge and reckless endangerment charge in Alabama federal charges?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 20, 2018

Maybe, and maybe not. These are usually state charges, but if the offense(s) occurred on federal property, for example, one of our several military bases, a federal courthouse, or a post office, or involved a federal officer or employee, the charge would most likely be federal.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By...
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Q: My aunt signed a contract stating she'd sell her interest in my grandmothers estate to me but refused payment.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jan 20, 2018

You should take the contract to a good local lawyer nearby and let him or her analyze it. The sooner you can do this, the better. Contracts to sell land (or interests in land) have to have certain characteristics in order to be enforceable in a court of law. No lawyer can answer your question without seeing the contract and discussing with you the circumstances under which it was signed..

WARNING: I am not your lawyer and providing you with the generic information, definition,...
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Q: Do i need to go to court to stop child support payments from coming out of my check when my son turns 19?

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 19, 2018

Probably. The Income Withholding Order (IWO) needs to be terminated. Usually you can do that without a new action, but with an affidavit and copy of the order showing the only child's name and date of birth on the order.
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Q: How likely is it that my son dad gets full custody? Can I file something to keep him away from me?

1 Answer | Asked in Child Custody for Alabama on
Answered on Jan 19, 2018

Get a lawyer. Right now. Get into Court. Don't play with this.
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Q: If I pay $830 child support and ex WIFE paying her car payments with it. Is this fraud? Can she do this?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jan 18, 2018

No it is not fraud. Why do you pay her power bill? You need to talk to your attorney about this. You don't get to direct how the recipient of the support spends the money. Is this child support Court ordered? You say you keep the child half the time, is that what the order says? Don't get the idea that because you and mom agree that you can keep the child half the time that this is a basis for changing custody, it isn't.
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Q: What sort of proof would I have to provide to require a judge to drug test the father.

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 18, 2018

That is enough for a drug test! You must file an appropriate Petition with the court.
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Q: My son's father refuses to pay his child support, am I still required to give him visitation?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Jan 18, 2018

Only the court can suspend his visitation. Child support has nothing to do with visitation. If you believe he is on drugs etc., prove that to a Court and the Court will suspend his visitation. If you withhold visitation without going through the Court you will be in contempt of the Court's order. IF you believe that the child is in immediate danger, file the appropriate petition with the Court and then refuse to present the child. You will really be on the hot seat to prove that your act was...
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Q: While I am in a treatment center for alcohol is my child support waived or do I still need to try and find a way to pay

1 Answer | Asked in Child Support for Alabama on
Answered on Jan 18, 2018

No. You owe the support.
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Q: If my child turns 19 will I be required to pay child support if she is special needs?

1 Answer | Asked in Child Support for Alabama on
Answered on Jan 18, 2018

Maybe. Is there a provision in the order that says you will pay post minority support? If so, you will have to pay it. You need to take a very close look at your order. If you don't yet have an order, you should talk to an attorney. When you say Ex re Brewington, the lawyer should know what you are talking about.
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Q: My divorce case was filed on 9/25/14 judge closed case 4/6/17. NO ruling as of 1/18/18. Is there no time limit?

1 Answer | Asked in Child Support and Divorce for Alabama on
Answered on Jan 18, 2018

That makes no sense. You need to see what the hangup is here. Start with your attorney.
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Q: Can a party take a child out of the state without consent from the other party?

1 Answer | Asked in Child Custody for Alabama on
Answered on Jan 18, 2018

What kind of party? Is there a lawsuit going on? Give some facts and I will attempt to answer
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Q: Can my baby father take my baby from me if I put him on child support he's been out her life and never bought anything

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Jan 18, 2018

No. You need an attorney in your county to help you.
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Q: How can I get daughters last name changed?

1 Answer | Asked in Family Law for Alabama on
Answered on Jan 17, 2018

If there have been any court filings concerning custody etc. then you have to file in those actions to change the name.
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Q: I have bond's that are in deceased parents name. how can I cash them in?

1 Answer | Asked in Family Law and Securities Law for Alabama on
Answered on Jan 17, 2018

You will probably have to open an estate. Depending on your facts, you may be able to open the estate under the small estates act of the Probate Code. See a lawyer in your county who is familiar with probate matters.
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Q: father deceased, mother recently deceased. I was POA for mother and have joint bank acccounts. I have 2 siblings. can I

1 Answer | Asked in Probate for Alabama on
Answered on Jan 17, 2018

I am sorry for your loss. First, any authority under a Power of Attorney ceases at the death of the grantor of that power. I do not have enough information to provide specific recommendations for you, but perhaps sharing a personal experience will be helpful. When my grandmother passed away, she left left three children. One of the children was a co-owner on her bank accounts. She had no other assets. As that child was a co-owner, the bank considered those remaining funds to belong to...
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Q: Can the father take the child from their mother if he is not on the birth certificate?

1 Answer | Asked in Child Custody for Alabama on
Answered on Jan 17, 2018

No. On those facts he has no right to the child.
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Q: Me and my husband have been seperated for 4 years. Do i still have to get divorce papers and all to remarry

1 Answer | Asked in Divorce for Alabama on
Answered on Jan 17, 2018
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Q: can My ex take the kids to the house he staying at if it’s his girlfriends moms home we are not divorced yet .

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Answered on Jan 17, 2018

If he is disobeying the Court order you will ask the Court to hold him in contempt
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Q: If I agreed to receiving no child support in decree, how difficult is it to reverse if I feel there is a need?

1 Answer | Asked in Child Support for Alabama on
Answered on Jan 17, 2018

You go back to court and petition the court to adjust the child support amount. How successful you will be depends on what language is in the order concerning the reason that you got no support.
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