Post Minority Support for a Disabled Child in Alabama

It’s well settled that Alabama law permits a court to order child support to continue past the age of majority when the child is disabled. Because it happens relatively rarely, however, most people who deal with it have an understanding of how it works that is hazy at best. We get some clarity in today’s case. Read more

Valuing a Business in Alabama

Divorcing spouses who own businesses are fond of saying something like, “well there’s two trucks, three desks, a computer, and a bunch of buckets.” I guess it’s worth $_______,” offering some ridiculously low-ball value as the portion that should be shared in divorce. Now a trial court has accepted that theory in valuing a restaurant business, and the appeals court has said “no way.” Read more

Can We Just Agree to Terminate Dad’s Parental Rights?

This case on working to “undo” an earlier termination of parental rights is useful in clarifying why parents can’t just agree to terminate the parental rights of one of them as part of their divorce. This is a common request parents make to divorce lawyers in Alabama, and from now on when people make it I’ll refer them to this note. Read more

Extending Rehabilitative Alimony AFTER It’s Ended

Courts in Alabama can change alimony after the decree if there’s a material change in circumstances, and a court can extend an award of rehabilitative or temporary alimony beyond its original term. What happens, though, if the recipient doesn’t ask for the extension until after the original term has ended? The Alabama Court of Civil Appeals says no problem, as long as alimony is reserved in the original decree. Read more

Child Support Implies Custody Too

Does an award of child support mean the recipient is awarded custody of the child, even if the court never says so? The Alabama Court of Civil Appeals has answered with a resounding “Uh, yeah, I guess so.” You can read it in M.R.J. v. D.R.B., Case No. 2070487 (Ala. Civ. App. February 27, 2009). Read more