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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> AL
Feb 07, 2010

Question:

Can a judge set the alimony & child support payments to be in excess of my salary? I am gainfully employed, with a good job, but I don't make this much money. What can I do?

Answer:

I am not licensed in Alabama. I recommend you consult an attorney in your state. Normally there is a cap on support of 50-60% of your income. Did your income recently decrease? It is possible your support was based on your past income or the income the court believes you should be making.

Feb 03, 2010

Question:

I have received temporary custody of my daughter due to her mother having a motor vehicle accident. How can I make sure I get and keep full custody. My ex-wife has put my family and my other children through hell for two years with false allegations and we were due to go back to court this week but due to the accident I was granted temporary custody and the judge after taking to all lawyers and counselors involved through all the restrictions out the window. What does this mean for us and how can we make sure this doesn

Jan 23, 2010

Question: 

My ex and I have joint legal custody. In 2005 I gave him primary physical custody so he could spend his time raising our daughter. He put her through school and paid for all of her expenses, so I gratefully gave him all the income tax for every year he had her.

We decided on no child support because we both have her equal amounts of time; I have her every day she is not in school. Last year she moved in with me but I did not have the paperwork changed to show that I had primary physical custody. Since I had her in school I paid all her expenses and asked him for no child support.

Now that it is income tax season I told him I was going to file her on mine since I had physical custody and he paid no child support. He says that because I did not change the paperwork it is illegal for me to claim her. I say I should get the income tax and that he gave up his primary physical custody when she moved in with me. Who is right?

 


Nov 07, 2009

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.

Feb 07, 2007

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.

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