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Alabama Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge must approve a child support arrears rebate request or can just one of them?

I have been paying child support as directed by the latest support order (from 5 yrs ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of $3,474. There was even a time when I was living in AZ I was paying extra in hopes of paying... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

This appears to be a question concerning Alabama law. So you should ask it in Justia > Ask a Lawyer > Alabama.

1 Answer | Asked in Divorce, Insurance Bad Faith, Insurance Defense and Family Law for Alabama on
Q: Husband divorced ex wife 2013. Passed 2020. Life insurance was paid to former spouse. Does this fall under 30-4-17, Ala

Policy taken out before divorce from former spouse. Former spouse received insurance payout although deceased remarried to me. Divorced 2012, deceased and I began relationship 2013, he passed 2020. He and I share 3 young children ages 7 and under. Previous marriage occurred one child who is in 20s.... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If you are the listed beneficiary of an insurance policy, you would contact the insurance company to determine the payout decision. It is entirely possible that you were removed as the beneficiary of the policies.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge have to approve a child support arrears rebate request or can it just 1 of them?

I have been paying child support as directed by the latest support order (from 5 years ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of over $3,400. There was a time where I was even paying extra (in hopes of paying down the... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

It is suggested that you contact a lawyer to have this issue addressed in court. Statements made outside of court will not modify an existing order.

1 Answer | Asked in Family Law and Health Care Law for Alabama on
Q: I want to complete a mental health assessment for a 14yo in AL. Do I need consent from his parent?

If I do the assessment, do I need the parent's consent (in a release of information) to share the results with the courts? The 14yo is on probation and the results would be helpful to show data in a recommendation for mental health services.

Thanks!

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If you are licensed mental health profession, it is recommended that you pose this question to the licensing board.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: I'm 17 and pregnant my boyfriend is 30 can my legal guardian have him arrested or can we get married
Bettie Carmack
Bettie Carmack answered on May 8, 2022

Can he be arrested? It would depend upon when you began sexual relations and whether there was some type of fiduciary relationship violated when he engaged in sexual relations with you.

1 Answer | Asked in Family Law and Probate for Alabama on
Q: i am illigitamate first born Son. Father died 3/2018. last will and test. made NO mention of me in LWT. 1000+acrs

i need help fighting for my share

Bettie Carmack
Bettie Carmack answered on May 8, 2022

Claims against the estate generally have to be filed within 6 months of when the Letters of Administration were issued or the estate published for heirs claims. It is suggested you hire a probate attorney to determine when the estate was opened for probate.

1 Answer | Asked in Criminal Law, Elder Law and Family Law for Alabama on
Q: What type of lawyer do I need to prove a relative is abusing an elderly relative in another state?

I have some proof that a relative did abuse an elderly relative before her death and is currently committing fraud with her bank account after her decease. This relative is pretending my dead relative is still alive to collect money. This person is also committing fraud with another living... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

You can report financial fraud to the police, the district attorney's office and, in some cases the US Attorney's office. Most states also have an "elder abuse" hotline to report crimes against the elderly.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: I am 18, in highschool graduating in May, I turn 19 in July. Can I move in with my sister to finish highschool without

My parents permission? Ive wanted to move out for years due to the way my mother has treated me. My siblings all got out as quick as they could because of the way she treats us. She is unfit to raise any child and the only reason i never moved out sooner is because the legal process would be long... Read more »

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

You can contact Legal Services or the volunteer program they likely would be able to offer you legal assistance at no charge. As for school, children generally are required to attend the school in which they are zoned. If your sister lives outside of the school zone, a possible issue could be... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: 18 year old moved out of her mother's house to live with a friend. Should I file to terminate order for support?
Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

You could; whether or not it is a good time to file the petition is something that you may want to discuss with an attorney.

1 Answer | Asked in Family Law and Tax Law for Alabama on
Q: I have custody of my grandchild for more than 6 months, and someone has claim he/her on their taxes for that year what.

What legal action can I take? To get them to stop all government assistance they are taking.

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

You could contact the IRS or seek the services of an attorney.

1 Answer | Asked in Family Law for Alabama on
Q: My nephew is paying court ordered child support and the mother of the child is withholding visitation what can be done?

He was paying support prior to the court ordered support. Has filed a petition for visitation pro se last week.

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

The petition he filed pro se will likely be set for a hearing soon. He can appear on his own or hire an attorney.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Should I file a missing person report and put up fliers around town on behalf my 10 yr son?

I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... Read more »

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

This is a great situation to seek the services of a paid attorney or an attorney with a charitable organization. The complexity of the situation will preclude most attorneys from being able to offer specific advise online. In addition, a public posting of strategy may be seen by the person alleged... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Im ordered to pay child support to my kids grandmother, but they have never lived with her. Is it legal?

She gained temporary custody in 2010, but they have never lived with her. They were with their father and kept away from me. He passed away in July and now they live with me. She’s used them for benefits for child support, welfare assistance and food stamps be because of the custody order and... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 23, 2022

If there have been a change in circumstances, you can file a petition with the court to seek to modify custody, modify child support, or modify any garnishment order.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Divorced Child support/family court:

I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 14, 2022

A request, publicly, for how to resolve a legal issue is a request that your case strategy be made public and said strategy could then be discovered by whoever is on the other side of your case. It is recommended that you contact a family law attorney for a paid or free consultation to get legal... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Alabama on
Q: Can my boyfriend leave at 16 in the state of alabama without parental consent?

So, my boyfriend is 16 and i’m 17. we are currently expecting a baby. his parents are not supportive. they’ve took away all his belongings and made him sleep on the floor in their room. we aren’t aloud to talk unless it’s at a doctors visit. his grandparents have full custody of him but he... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

Does your boyfriend have the ability to return to his grandparents' home since they officially have custody of him? If so, that would resolve some of the issues you mentioned. Your boyfriend likely can contact DHR if he believes he needs assistance. If he decides to file an emancipation... Read more »

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: I need to file for temporary custody of my daughter how do I do that

My husband is very abusive and I'm trying to find out how to get emergency temporary custody of our daughter so that I can leave him

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

It is recommended that you seek the assistance of a lawyer. You can contact the Alabama State Bar. If your life is in danger or in harm's way, it is not advised to use a public message board to seek assistance. YWCA helps abused individuals. The state bar can recommend atttorneys. The... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for Alabama on
Q: Cps is involved but if I sign my parental rights over to a family member does that mean CPS has to close that case

If the parent signs right over to family member how long before that family sigh rights back

Bettie Carmack
Bettie Carmack answered on Mar 9, 2022

It is advised that you contact a lawyer regarding this particular matter. If there is a current pending case, you as the parent can request that an attorney be appointed to you to maintain your constitutional right to parent your child. Courts only terminate parental rights in extreme situations.... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: should a person have an attorney present for visitation rights?

can a persons mental status (schizophrenia) play a major role in what a judge decides?

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Mental status could impact a custody situation if the person with the mental health issue has custody of the child and his or her mental health condition is negatively affecting their ability to care for the child. Because your health status is protected by federal privacy laws, it is recommended... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Can a man not on the child's birth certificate say he is the father because he has baby sat them after they were born?

My husband's is on our daughter's birth certificate. We were married before she was born. An "alleged" father has baby sat our daughter and now assumes he is the father. He has sent me a legal civil summons. I do not understand how he has any legal claim.

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Interesting situation. Without reviewing the pleadings or what you were served with, it would be difficult to answer your question. If you and your husband were married when the child was born, your husband is presumed to be the legal father. The man babysitting the child may be asserting other... Read more »

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex has went to DHR over 5 months back support. She has not turned in her new income in 5 years. Help.
Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Your question is not clear. If the matter has been filed in court, both parties will have to state their income in order for the child support to be properly calculated.

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