She has blatantly stated she wants nothing to do with me and has refused to come for my court ordered visitation weekends. I have 3 others that visit regularly but she refuses saying she hate me. Can I stop child support on her considering she wants nothing to do with me?
Hello. No, the rules do not contemplate stopping child support for this reason. Unless there is a safety issue, your 10 year old child does not get to decide who she does or does not want to be with or visit. There are several ways to handle this issue legally, but if you've not talked to mom about...Read more »
I would need more information, like juvenile issues and any possible revocations, before I could calculate your Sentencing Guidelines. I, or any criminal defense lawyer that you'd like to retain, would be happy to be that as part of the process to begin representing you.
However, inherited 1/4 of a parcel of non-home land and 1/8 of home he has been living in prior to entering nursing home. Medicaid considers the perceived value of that 1/4 in considering monthly income! How can this be removed from his countable assets? Can one of the other 3 owners buy his... Read more »
One of the other 3 owners, or anybody else for that matter, can buy your brother's share. Medicaid will expect the purchaser to pay 1/4 of the tax appraised value. Be aware, though, the cash paid for purchase will also be considered an asset or resource for Medicaid. If the purchase proceeds...Read more »
My sister moved to another state with her two younger children, age 12 & 16. She became homeless and could no longer afford to keep them. She dropped them off at her 22 year old home in Alabama. They were only was suppose to stay for the holidays. It’s been 4 months and she has not returned. They... Read more »
Is continuously spending his support on herself and her other kids. I buy clothes , medical insurance and am constantly being asked for more money for his needs. I dont mind paying for what he needs but this expense should be majoritly covered by support.Is there any alabama laws regarding how she... Read more »
Hello. The short answer to your questions is no. My question to you is, if you are paying child support, why are you still giving mom money? Do you give it directly to your child? Do you pay the money for his "needs" directly to the place asking for it? e.g. the soccer club, football team, doctor,...Read more »
The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL... Read more »
Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one...Read more »
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... Read more »
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!
She threatens us all the time to do this if we don’t “give” my stepson whatever he wants. Now it’s a 20k car. The divorce decree states nothing about my husband being responsible for solely purchasing him a vehicle. Me and my husband have been married for almost 10yrs. Of course since this... Read more »
Child support is statutory, so consulting with an attorney can at least give you the perspective of whether or not the matter is worth pursuing or not. If she has yet to file a petition then do know that any modification can only go from the date of the petition being filed and won't be...Read more »
Child support is statutory and although there are exceptions, it might be time to retain the services of an attorney in that jurisdiction to determine what the proper amount is and file the proper paperwork with the courts to achieve the same.
Through the mechanisms of discovery most any information can be found out. It can be quite complicated to navigate, so a skilled attorney should always make determining things of this nature much easier than if you go it alone.
United States Servicemembers have some additional protections as it relates to civil matters. That's not to say that all cases are not more complex in nature than can be answered conclusively in all regards, but the link in this post should give you and idea as to what one can expect when an...Read more »
I filed for Chapter 7 in 2016 and dismissed in August of that same year. I am currently in Chapter 13 with 100 percent repayment. I have started nursing school and my work hours will be greatly reduced. Can I convert to a Chapter 7 or get my payments reduced?
You must first determine if you received a Discharge Order in the prior Chapter 7 case. If you did not receive a Discharge Order in that case and it was dismissed without a Discharge Order, then you may be able to convert your Ch 13 to Chapter 7. You will need to sit down with your attorney and...Read more »
Every case is different, so I would need to know more information. However, under the Alabama Sentencing Standards, your case would likely be a prison recommendation. That said, a lawyer could help you explore the options available, like Community Corrections or Mitigating Factors that could result...Read more »
Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?
Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the...Read more »
Hi, without more information about the charge it is almost impossible to answer your question. However, in Alabama, most felonies have a Presumptive Sentence, based on the Alabama Sentencing Guidelines, which will give you a good idea of the likely sentencing range.
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.
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