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... View More 
answered on May 10, 2020
You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.
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?
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.
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... View More
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.
He hasn’t seen the child since august of 2019, a month before we decided to divorce. She is 2
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!
If client has repeatedly requested invoice and such was not provided until after the attorney received the clients settlement funds.
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... View More
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... View More
What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.
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... View More
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... View More
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... View More
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... View More
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... View More
answered on Mar 21, 2020
Hello. A hotel is not the "best" place for a child, but that fact alone would not get her removed, in my opinion. Best of luck!
His ex wife gives him hell about their son he pays child support every month and we have him (by papers) every other weekend and every Wednesday. My bf works swing shift so on the Wednesday’s he is at work he’s not here. When he is on days we have him after school until as late at 10pm on... View More
answered on Mar 12, 2020
Hello. The move must be greater than 100 miles for that provision to trigger. A local attorney where the case is can give him a better answer to the marriage question. Best of luck!
Got married in Maine, lived there for a month. Moved to Florida, lived there for 7 months. Then moved to Alabama and lived here for 3 months. Moved back to Maine for another 2 months. We have been separated since April 2018. I live in Alabama, she lives in Maine.
answered on Mar 9, 2020
Hello. If there are no children and no assets to divide, then file here....assuming she is capable of being served either by certified mail or private process server. If it's uncontested, then have an attorney draw up the papers and have her sign/notarize them. Attorney will file them in your... View More
answered on Mar 7, 2020
The case is assigned a case number and a judge immediately upon being filled electronically.
My husband had came out he is a woman Is taken med and going to have surgery .and has gone to courts to legally have name changed do we have to for a divorce since that man no longer exist
answered on Feb 21, 2020
If you are seeking a divorce, then you will not be divorced until either an uncontested or contested divorce has been started and a Judge enters a Final Judgment of Divorce. To avoid any issues, the best way to do this is to contact an attorney who practices Family Law where you live.
He is manic depressive bipolar with violent tendencies. We have a 2 almost 3 year old and 4 animals. We rent our house and he is the main provider.
answered on Feb 20, 2020
Hello, you asked your question in the Alabama forum, but it appears you are in Miami, FL. Regardless, where ever you are located, seek out a legal services office, or other pro bono/income based program in your area. Thanks for the question and good luck!
answered on Feb 6, 2020
More information is needed to best answer this question most accurately, but generally speaking he cannot.
We have joint custody, he gets every other weekend visitation. During his visitation our kids have to witness his girlfriend verbally abuse him. She makes vile remarks about his man parts, yells and screams, becomes out of control on alcohol in front of the kids. Police have been called out... View More
answered on Feb 5, 2020
Hello. You can try and file a PFA on behalf of your kids against the g/f. Or, file for a modification of custody and see if that gets the attention of dad regarding who he chooses to have around his children. Best of luck!
answered on Jan 30, 2020
In short, the legal answer is most often, it depends. Eventually can they, yes. Immediately can they, that depends on the exact facts and circumstances. I'd suggest retaining a local attorney skilled in family law and working with them to resolve the matter in its entirety.
actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?
answered on Jan 28, 2020
Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!
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