Alabama Family Law Questions & Answers
Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?
Mr. James Parrish Coleman's answer
You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.
You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.
Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Alabama
on
Answered on Apr 2, 2019
Answered on Apr 2, 2019
Kristine Jones' answer
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with an attorney in your area to discuss the entirety of your specific issue. You may also want to ask about terminating his parental rights, but again, that is a question for you to ask in a consultation...
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with an attorney in your area to discuss the entirety of your specific issue. You may also want to ask about terminating his parental rights, but again, that is a question for you to ask in a consultation...
Q: How long does a person live with someone before they are considered common law married in Alabama and one still married
Mr. James Parrish Coleman's answer
No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be recognized by a court at any time. Here is what it takes to be married by common law in Alabama. If, before January 1, 2017, a couple lived together as husband and wife, and both at that time intended to...
No common law marriage in ALabama may be established by conduct after January 1 , 2017. In other words, if a couple is not married by common law before that date, they cannot become married by common law after that date. Conduct that would establish a common law marriage before that date can be recognized by a court at any time. Here is what it takes to be married by common law in Alabama. If, before January 1, 2017, a couple lived together as husband and wife, and both at that time intended to...
Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .
Shane Michael Oncale's answer
The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where you will have again show proof of income just as she will and the calculation be redone. In fact, even if the mother agreed to take x amount the attorney doing the paperwork for you will have to get...
The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where you will have again show proof of income just as she will and the calculation be redone. In fact, even if the mother agreed to take x amount the attorney doing the paperwork for you will have to get...
Q: If the father is paying child support can the child's mother keep the dad from seeing child?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Mar 21, 2019
Answered on Mar 21, 2019
Shane Michael Oncale's answer
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child...
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child...
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?
1 Answer
| Asked
in
Constitutional Law, Family Law and Contracts
for
Alabama
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Shane Michael Oncale's answer
Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney as soon as possible to address this issue.
Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney as soon as possible to address this issue.
Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.
Kristine Jones' answer
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!
Q: If a mother can be proven unfit can she be put on child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Alabama
on
Answered on Mar 11, 2019
Answered on Mar 11, 2019
Kristine Jones' answer
Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.
Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.
Q: My husband abandoned me and my two children seven years ago, can I file for spousal support and child support? How?
Shane Michael Oncale's answer
If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for past child support others will only allow child support from the date of filing forward (this is in the discretion of the trial court). Your alimony claim may also be weakened by the fact that your...
If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for past child support others will only allow child support from the date of filing forward (this is in the discretion of the trial court). Your alimony claim may also be weakened by the fact that your...
Q: Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?
Shane Michael Oncale's answer
A "lawyer" can't order you to do anything. Only a judge could enter an Order.
A "lawyer" can't order you to do anything. Only a judge could enter an Order.
Q: My son is 19, he works part time but he is going to college, he has ADD, can I get more CS?
Mr. James Parrish Coleman's answer
Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and give you a good answer, but in a word..... no.
Is your son already 19 years old? Is the able to go to college? You have answered your own question. He is an adult. THe time has passed for you to attempt to convince the COurt that he is disabled. You should visit a lawyer in your home county so he or she can go over all of the facts with you and give you a good answer, but in a word..... no.
Q: How do you find out if someone is legally married to two people
Mr. James Parrish Coleman's answer
A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got married. Look at the records of marriage licenses in the state and county where you believe the person was married before.
A person can only be married to one person at a time. If the person is married, and then attempts to marry another person, then the marriage to the second person is not valid. You would have to first determine that there is no common law marriage involved, then you need to know where the person got married. Look at the records of marriage licenses in the state and county where you believe the person was married before.
Q: What motions should I file to get my son back asap?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Feb 27, 2019
Answered on Feb 27, 2019
Shane Michael Oncale's answer
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can...
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can...
Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Constitutional Law
for
Alabama
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.
Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.
Shane Michael Oncale's answer
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Alabama
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to
Mr. James Parrish Coleman's answer
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
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