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Alabama Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Who receives interest he owes if he pays it
Kristine Jones
Kristine Jones answered on Jul 6, 2020

It depdens. Interest can be owed to the custodial parent, the state, or both.

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.

Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you,... Read more »

3 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My wife cheated on me twice with the same person. I want a divorce but not sure what the out come would be.

We have 2 children ages 5 and 13 I don't want to lose them

Travis T Juneau
Travis T Juneau answered on Jun 30, 2020

In any divorce where child custody is an issue, the behavior of the adults is an important factor in who has primary custody over the children. The question you must ask yourself is, is a divorce something you really want? Is your wife willing to work on your marriage and stop cheating? It sounds... Read more »

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1 Answer | Asked in Criminal Law, Divorce and White Collar Crime for Alabama on
Q: My case has been posted for over 25 years. How long do I have to put up with this?
Sheila Crumley Field
Sheila Crumley Field answered on Jun 29, 2020

What do you mean posted? And what is the charge? Some crimes have no statute of limitations. Have you ever been served with a warrant? It’s possible to have the warrant recalled after that long. We need more details in order to advise you better.

1 Answer | Asked in Divorce for Alabama on
Q: I live in another state and found out my 18 year old son moved out 2 months ago with his girlfriend. The ex is hiding

This from me,,, i am court ordered to pay child support until he is 19... can I stop paying? What should I do?

Kristine Jones
Kristine Jones answered on Jun 26, 2020

Hello. The child must be 100% financially self-supporting in order to stop child support. Best of luck!

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

2 Answers | Asked in Divorce for Alabama on
Q: If you are getting a divorce, is it best to sell property/houses/cars that have both persons on the loan?
Kristine Jones
Kristine Jones answered on Jun 5, 2020

Hello. It depends on several considerations. Find a local attorney and talk with her/him about what's best for you. Best of luck.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Is it illegal for a girlfriend to spend the night while the child is over during visitation in Alabama?

The child is 15, almost 16 years old. The parents have joint custody. I'm dating the dad but the mom says in Alabama it's illegal for the child to come over if I'm staying the night. Also, says if we go on vacation and take the child, I am supposed to have a separate room. I found... Read more »

Kristine Jones
Kristine Jones answered on Jun 5, 2020

Hello. It depends on what their decree or Settlement Agreement says. Some have provisions preventing that behavior, some don't. Best of luck!

2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 29, 2020

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... Read more »

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3 Answers | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I'm headed for a divorce after 5yrand we have a 5yr old child together , will I have to pay child support and alimony

I don't want to have to pay for neither one. We both make around the same amount of money !

Birmingham, al.

Travis T Juneau
Travis T Juneau answered on May 28, 2020

The short answer, without knowing much more, is that you will pay child support unless you have primary custody of the child. Alimony, either periodic or alimony in gross depends on a number of factors thus, it is impossible to know if you will have to pay it or not without all of the specifics.... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Hello i need advice. I live in Alabama and have since 2008. Ten years ago my husband and i split up

He had gotten with another woman and then moved out and we haven't been together since. 5 years ago he took our son and moved to Massachusetts without telling me beforehand (i spent two weeks panicking not knowing where my son was), and was told by several people that since we were still... Read more »

Travis T Juneau
Travis T Juneau answered on May 17, 2020

I'm very sorry to hear about your situation. Abandonment and infadelity are grounds for divorce in Alabama. It sounds like you would need to hire a private investigator to help locate your son. But, if you exhaust your attempts to locate your husband, you could be able to serve your husband by... Read more »

2 Answers | Asked in Divorce for Alabama on
Q: My husband and I just filed a no fault, uncontested divorce in Alabama. I am the plaintiff.

He, the defendant, signed the answer and waiver and the agreement. Attorney filed the paperwork in court. Now my spouse has decided he wants to fight and is threatening to rescind the paperwork already filed. I am not in agreement and have no wish to reconcile. Can he as the defendant rescind... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 10, 2020

You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.

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1 Answer | Asked in Child Support and Divorce for Alabama on
Q: My husband and I are signing divorce papers and he will be on child support and the papers are included in the paperwork

Do we file the child-support papers with the divorce papers and they will be sent to DHR or do I need to keep the child support papers and contact DHR so they can be filed separately?

Sheila Crumley Field
Sheila Crumley Field answered on May 6, 2020

You file the child support papers with the divorce paperwork. The judge will enter an Income Withholding Order to have your husbands employer take it out of his check. He will not go through DHR unless he doesn’t pay, them you can use DHR to help in the collection process. Good luck.

2 Answers | Asked in Divorce and Child Support for Alabama on
Q: My daughter that I pay child support on turns 19 in March 2021. She will be a senior in high school until May 2021

She will be 19 in March 2021 and graduate high school in May 2021. I would like my child support to end when she turns 19. Can I end it in March 2021 or do I have to wait until May 2021? Can I file to cease child support a few months before she graduates? My chilid support is garnished and I do not... Read more »

Kristine Jones
Kristine Jones answered on May 6, 2020

Hello. It can end in March. Make sure you file the necessary form, or speak with a family law attorney in the county where your case was originally to find out exactly what you need to do.

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1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Soon-to-be Ex husband wants to terminate his parental rights. Can this be done at the same time as the divorce?

He hasn’t seen the child since august of 2019, a month before we decided to divorce. She is 2

Kristine Jones
Kristine Jones answered on May 4, 2020

No, a termination of parental rights is a separate action in juvenile court. It also would not terminate his financial obligation to the child. Best of luck!

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 »

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 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 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... Read more »

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... 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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