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Alabama Questions & Answers
1 Answer | Asked in Child Support for Alabama on
Q: My 10 y/o daughter wants nothing to do with me. What are options on avoiding child support on her

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?

Kristine Jones
Kristine Jones answered on Feb 12, 2020

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 »

1 Answer | Asked in Criminal Law for Alabama on
Q: i have 4 adult felonies 2 class c 1 class b an 1 class a. An now a class d an c felony charge what is my range of punish
Kyle D Pierce
Kyle D Pierce answered on Feb 10, 2020

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.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If my ex husband is supposed to pay child support through the court system but doesn't and pays me cash .is it a gift?

He never gives me a receipt or the proper amount he is ordered and its random months and amounts . And wants to give me sole custody only if I do away with child support

Kristine Jones
Kristine Jones answered on Feb 10, 2020

Hello. No, it is not a gift. It is child support that should be going for the costs associated with raising your child(ren).

1 Answer | Asked in Elder Law for Alabama on
Q: Have an elderly brother in nursing home needs to qualify for medicaid (no individual assets and meets income limit)

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 »

Norma McCord Wells
Norma McCord Wells answered on Feb 7, 2020

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 »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Alabama on
Q: My sister abandoned her children

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 »

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

This honestly sounds like a situation where you might want to consider getting the Department of Human Resources involved. Also, I would recommend consulting with an attorney.

1 Answer | Asked in Child Support for Alabama on
Q: I need to file for support but dont know where my son's father is and i know he has no job.how will I be paid?

I haven't seen or spoke to my son's father in years .but he is a known drug addict and has no job.will i even get support cause I know he doesnt have a job or any money ?

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

It can be ordered, but it is unlikely that he complies with the order voluntarily. Retaining counsel or seeing if DHR can assist would be my advice.

1 Answer | Asked in Divorce for Alabama on
Q: The husband is filing for divorce, we have a home his name is on the mortgage. Can he force me and the children(22&20) ?
Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

More information is needed to best answer this question most accurately, but generally speaking he cannot.

2 Answers | Asked in Child Custody for Alabama on
Q: Can a grandmother file a petition claiming dependency of her grandchild in Alabama?

The mother of the child is 17 years old & grandmother is providing and taking care of the child; ie. financially/medically/basic needs.

Shane Michael Oncale
Shane Michael Oncale answered on Feb 6, 2020

Yes, a private party dependency petition can be filed. Once filed DHR can join in the proceedings or opt out.

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2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My son live in alabama with his mother. I live in indiana and support is enforced through indiana courts. The mother

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 »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

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 »

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2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My ex-wife lives in a different county than me. The DHR manager is her cousin. Can I get the county assigned changed?

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 »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

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 »

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1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what do I need to file to keep ex husbands alcoholic girlfriend away from our children?

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 »

Kristine Jones
Kristine Jones 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!

1 Answer | Asked in Child Support for Alabama on
Q: My husbands ex wife is wanting to try and modify his child support for their 16yr old son. How easy is this?

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 »

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 2, 2020

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 »

1 Answer | Asked in Child Support for Alabama on
Q: My son went to child support court he has 5 kids..he makes 1386 before taxes. His child support was set a 570 for one c

Case and 340 for the other Wich leaves him with nothing to live off of...hes this legal we are in alabama thats 1386 monthly income

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 2, 2020

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.

1 Answer | Asked in Child Support for Alabama on
Q: How do you find out if non custodial parent has a job
Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 2, 2020

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.

1 Answer | Asked in Child Custody for Alabama on
Q: Will my son be able to keep full custody if he joins the Alabama National Guard?

My married son has full custody of his oldest child, and the mother has regular visitation. Will he loose full custody while he is away for the 10 weeks of basic training?

Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 2, 2020

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 »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I filed for Chapter 7 bankruptcy in 2016 and was dismissed in August Currently in 13 can it be converted or reduced

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?

Kevin M Ryan
Kevin M Ryan answered on Feb 1, 2020

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 »

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2 Answers | Asked in Criminal Law for Alabama on
Q: Hello my name is Matt. I have a pending distribution case in shelby county alabama an I haven't been in trouble since

2010, however I have 3 prior convictions. My concern obviously is going, or not going to prison. I just wanted a few opinions. Thanks in advance.

Kyle D Pierce
Kyle D Pierce answered on Feb 1, 2020

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 »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Aren't IWOs standard for child support in initial custody cases unless otherwise agreed to by both parties? (AL)

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?

Kristine Jones
Kristine Jones answered on Feb 2, 2020

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 »

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2 Answers | Asked in Criminal Law for Alabama on
Q: What are the chances of settling this charge out of court?
Kyle D Pierce
Kyle D Pierce answered on Feb 1, 2020

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.

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2 Answers | Asked in Divorce for Alabama on
Q: Separated and haven’t filed yet, in-laws own marital home can they force me to move out ?
Jared Dale Vaughn
Jared Dale Vaughn 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.

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