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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> AL
Nov 07
2009

Ask a Lawyer: Time

Posted by Dads Divorce in Rules , Procedures , Ask A Lawyer , AL

Question:

I have only been married for 2 months and my husband moved in my house (with just my name on it) he has lived there for 4 months. What do I need to do to get him out? I live in Wetumpka Alabama

Answer:

First, I must advise you that I am not licensed in Alabama. You should also seek the advice of an attorney licensed in Alabama as laws will vary from state to state. Since, you are legally married it may be difficult to remove your spouse from the home without a court order. It is unlikely law enforcement will remove him absent a court order regardless of whether his name is on the property. In order to obtain a court order you must file for divorce or legal separation. You should be able to request temporary possession of the home pending finalization of the divorce. Since you marriage is short and you owned the home prior to the marriage it is likely that you will get temporary and permanent possession.
Comment (0)
Feb 07
2007

Ask a Lawyer: Custody Modification

Posted by Dads Divorce in Visitation , Parenting , custody , Ask A Lawyer , AL

Question:

My ex-wife called wanting me to come and get my 13 year old son. She stated she couldn't control him. I went and got him and he wants to live with me. She had initially agreed to this until I told her I would no longer pay child support. I also have a 16 year old daughter with her. My ex now says she will not give me custody of my son. Should I petition the court for modification, or would I be wasting my time? Also, if I get custody of him, should I still pay support for my daughter since I would not require my ex to pay me support for my son?

Answer:

Allow me to preface this answer with the comment that I am not licensed to practice in Alabama. You should Petition for it. Based on his age, the court may be inclined to consider his wishes, plus the fact that she relinquished custody to you. As far as child support, there is normally an offset. What you should pay her - what she should pay you = the difference (child support). I do not know how Alabama applies the same principle, but generally child support will not be eliminated just because there is split custody.
Comment (0)
Dec 08
2003

Ask a Lawyer: maiden name

Posted by Dads Divorce in Visitation , Parenting , custody , Ask A Lawyer , AL

Question:

I have a question on behalf of my brother-he has been divorced from his first wife for about 5 years and is remarried. She never went back to using her maiden name. She remarried did not take her husband's last name. They divorced and she then found out she was pregnant by her 2nd husband. He wants nothing to do with the baby saying that it is not his. Here is the kicker- when the baby was born she put her 2nd husband's name on the birth certificate but gave the child the last name of my brother-her 1st husband whose name she still goes by. We live in a very small town so you can guess the talk that will be going on for years to come over whether this is my brother's child because of the last name. My question is: can something be done about this? This is a woman you would probably take out credit because she has his last name and knows all his info because they were married before. We're afraid that my brother could be vulnerable. Please let me know if you have ever heard of anyone doing something like this. Ame Gardner

Answer:

A person can not be required to change their name after divorce. While it is very odd that she named another child with this last name, I am unaware of any legal proceeding to prevent or change this.
Comment (0)
Dec 31
1969

Ask a Lawyer: Children now reside out of state

Posted by Dads Divorce in Maintenance , Child support, , Child Support , Ask A Lawyer , AL

Question:

My ex and I divorced in Alabama in 1998. She remarried and moved to Georgia. The children no longer require daycare or after school care. I questioned my ex about having the child support recalculated due to this. Note, we both make around $68K to $75K a year. She claims that since the children now are residents of Georgia that we would follow this states rules which she claims equates to child support of about 25-27% of my gross annual income. Questions: 1) Do we now follow Georgia law or are support issues calculated under Alabama law? 2) Since combined we make over 100K, does a judge decide on the child support amount?
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