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1 Answer | Asked in Real Estate Law for Alabama on
Q: Can someone else legally claim some of our farm property that has been fenced 48 years? We have paid property taxes.

Current tax maps do not show our property correctly.

Amanda B Cook
Amanda B Cook answered on Apr 28, 2020

Your question is a bit unclear as to who has had the property fenced for 48 years, you or the opposing party. There are many facts that are not contained in your question that would affect the outcome of the answer. I strongly suggest that you seek a consultation with an experienced real estate... Read more »

1 Answer | Asked in Employment Law and Social Security for Alabama on
Q: Can you file for unemployment if your SSDI is ending?

I know the 2 things are basically opposite things but.

My SSDI ends next month.

I will have no income at that point.

While I'm probably technically not disabled anymore. I am immunocompromised which was a main factor in my SSDI decision originally. Now with coronavirus, I'm... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 28, 2020

Yes, it is possible to claim both SSDI and unemployment insurance. That being said, qualifications for each of these two programs differ greatly. Social Security disability benefits provide financial support to those who are unable to work. Unemployment provides temporary payments to those who lost... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a felony warrant for community corrections in Morgan co.Alabama can I take care of it without going to prison

This is my second time I messed up my PO

Travis T Juneau
Travis T Juneau answered on Apr 26, 2020

The short answer is yes. Nothing in the law states that you have to go to prison. It is up to the Judge and what he/she thinks is necessary. But, just because you don't half to go to prison doesn't mean that you won't. The longer you stay in "escape status" (meaning that you aren't in custody and... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Child Support for Alabama on
Q: Hello. Why is my arrears going up even though I'm making payments on time? What can I do about this situation?

My child is now 18 and has graduated high school and I am married with three kids since him. He is not working or in school. How can I get my payments reduced or dropped all together?

Kristine Jones
Kristine Jones answered on Apr 26, 2020

Hello. Child support stops at 19 unless he becomes self-supporting, joins military, or marries. It's impossible to answer child support questions about arrears and interest on those arrears without looking at the payment history. You are not reaching interest or much of your arrearage amount... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: If my child father pays child support, but hasn’t seen him or had contact with him. Can I terminate his rights?
Kristine Jones
Kristine Jones answered on Apr 25, 2020

Hello. The answer to that is "it depends." This is a question better suited for an attorney who practices in the county where the child lives. I will say terminating a parent's rights is the ultimate action a court can take concerning a child and they do not do it without very strong reasons. Thank... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate will... Read more »

1 Answer | Asked in Wrongful Death for Alabama on
Q: What is it going to take for people to notice the wrongful executions of black lives in the state of Alabama death row?
Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

It will take people who care organizing together. I suggest you contact the Southern Poverty Law Center, NAACP, ACLU of Alabama to find out who is working on the issue. Some faith groups are also working on that issue. Sojourners, & Repairers of the Breach may be able to tell you who in Alabama is... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: I am 16 and my step dad and I got in to it. Neither of us had any marks or injuries. My Mom then put a camera in my face

I took the phone out of her hand and put it on the counter. She then came after me. Not once did I hit, grab or push her. They called the police and they told my that I am being charged with domestic violence and harassment. I don't know what's going to happen, and obviously my parents aren't here... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

Since you are a juvenile that’s how you will be charged, as a juvenile. Ask for a consent decree since it’s the first time you’ve been in trouble. A consent decree means you consent to being on probation and once you are through with probation the charge just goes away. If you have some... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My stimulus check was taken for interest on back child support, I do not currently owe child support or arrears, Is this

The child is now grown , Is this right?

Kristine Jones
Kristine Jones answered on Apr 23, 2020

Hello. It's impossible to give a definate answer without looking at the case and payment history. It's possible you owed interest on prior arrears. Interest is the last thing paid on child support money owed.

2 Answers | Asked in Child Support for Alabama on
Q: How come child support not stopping at age 19 as the divorce agreement says it should? 4 kids, ages 20,18,15,8. AL

Oldest daughter is in college In Alabama (our home state) on scholarship, and she does work. Second child will be 19 next year also.

So how come the child support doesn't end automatically as the divorce papers declare? These are court ordered documents, are they not binding? I'm told the... Read more »

Kristine Jones
Kristine Jones answered on Apr 23, 2020

Hello. Child support (CS) doesn't automatically stop when I child turns 19. Why it doesn't end automatically is a question for the legislature. Since you have other children, in order to change the amount you pay each month, you need mom to agree and file modification that way, or file modification... Read more »

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1 Answer | Asked in Criminal Law for Alabama on
Q: Can a 16 year old and a 14 year old have sexual relations in Alabama?

2

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

No the age of consent in Alabama is 16. She is still considered a child until she turns 16.

1 Answer | Asked in Child Support for Alabama on
Q: I believe that I am owed an over payment in child support. How do I find out how much and how to get?
Kristine Jones
Kristine Jones answered on Apr 23, 2020

Hello. Your caseworker at DHR should give you information regarding payments.

1 Answer | Asked in Child Support for Alabama on
Q: If both mom and daughter are deceased who recieves back time support
Kristine Jones
Kristine Jones answered on Apr 23, 2020

Hello. Without having more facts, you could file a modification providing proof of their deaths, and ask CS be stopped.

1 Answer | Asked in Employment Law for Alabama on
Q: My employer is saying our Covid-19 $1200 stimulus check will be deducted from our paycheck. Is this legal?

I work at a Medical facility in Alabama

Kyle Anderson
Kyle Anderson answered on Apr 22, 2020

The Fair Labor Standards Act ("FLSA") requires employees to be paid a minimum wage for all hours worked. If your employer deducts the amount from your paycheck and your total compensation for the week does not rise above the minimum wage required to be paid under the FLSA, you may have a claim.... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My husband and I divorced in 2014 and remarried each other in 2019. How do we stop the child support/wage garnishment?
Kristine Jones
Kristine Jones answered on Apr 22, 2020

Hello. You would need to file a modification to include settlement documents. Speaking with an attorney is not a bad idea since you're in Jeffco.

1 Answer | Asked in Child Support for Alabama on
Q: Are non-custodial parents automatically required to continue child support payments after 19?

If the child turns 19 and attends college without working are child support payments mandatory? Is it at the same rate as before when the child was a minor? Seems like the "adult" would need to get a JOB!

Kristine Jones
Kristine Jones answered on Apr 21, 2020

Hello. Unless agreed to by the parties or the child has a disability, then child support terminates at 19 regardless as to what the child is doing with her/his life.

2 Answers | Asked in Child Support for Alabama on
Q: Child support continuance after age of 19?

My divorce decree was final in 2018. I made sure to remove all comments about support for college education from our settlement. My child is a senior in high school this year and approaching his 19th birthday. If he chooses to go to college and not get a job are my child support payments to... Read more »

Kristine Jones
Kristine Jones answered on Apr 21, 2020

Hello. Based on what hou have said, you would not owe him support past his 19th birthday. If you're required to pay support for the other two children, you will need to file a modification to have your payments recalculated. Otherwise, child support will continue until you file to stop it. Best of... Read more »

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1 Answer | Asked in Family Law for Alabama on
Q: What if one parent contacts a case worker and tells them information regarding said child and alleges something

Can the case worker disclose to the parent that the other parent made the report

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 21, 2020

No. DHR cannot disclose the source of a report. No.

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