The first possibly corrupted child support cases from the Talladega County are making their way through the court now, and so far the judge hearing them is pleased with the progress. Here’s an article about it from the Daily Home.
Category: Alabama
Information about divorce and family law in Alabama (where I practice law)
Can I Tape Record My Spouse?
Alabama law permits a party to a conversation to tape record that conversation without notifying the other party. What it does NOT permit is tape recording a conversation without the permission of at least one participant. Understanding the law requires reading carefully the various statutes dealing with eavesdropping and surveillance.
Extension of Time for Appeal
If you don’t like the ruling of a trial court, you have 42 days to appeal. The Alabama Court of Civil Appeals says the trial court does not have the authority to extend this time. The trial court in Smith v. Smith, Case No. 2031122 (Ala. Civ. App. July 8, 2005) had rendered an order in a divorce modification proceeding on July 20, 2004, and the order was stamped “Received and Filed” in the circuit clerk’s office on July 26, 2004. Thus the order was “entered” on that date.
Nominees for Jeffco Family Court
The Jefferson County Judicial Commission has announced the three names it has nominated to fill the Family Court seat of Judge Sandra Storm. Here’s an article about it from The Birmingham News.
Alabama Visitation Can’t Be Controlled by CP
The Alabama Court of Civil Appeals says it’s reversible error to make visitation with children subject to the control of the custodial parent, even when the non-custodial parent exposed the child to violence and drug use. The Appeals Court in L.L.M. v. S.F. and C.F., Case No. 2040280 (Ala. Civ. App. July 8, 2005) said the trial court should have ordered a specific visitation schedule.
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Setting Aside a Default Judgment
Lee’s Note: In the interest of accuracy and to avoid confusion, I’ve left this blog entry as it has always existed except for the insertion of this first paragraph. The opinion I’m discussing here has since been withdrawn. You can read about the withdrawal and the revised opinion here.
The Alabama Court of Civil Appeals explored in Sumlin v. Sumlin, Case No. 2040238 (Ala. Civ. App. June 30, 2005) the process for setting aside a default judgment of divorce. In the Sumlin case, the trial court had declined to set the default judgment aside, and the Court of Appeals affirmed.
You Gotta Get That QDRO Done
What happens when a divorce decree calls for a QDRO to divide retirement plans, and then the parties let it languish? What happens if the value of the account or accounts divided has changed dramatically by the time the QDRO gets implemented? The Alabama Court of Civil Appeals dealt with this question in Jardine v. Jardine, Case No. 2030454 (Ala. Civ. App. June 30, 2005).
Termination of Parental Rights
Can the state of Alabama terminate a father’s parental rights in a child even though that father doesn’t have minimum contacts with the state? The answer of the Alabama Court of Civil Appeals is yes it can. In J.D. v. Tuscaloosa County Department of Human Resources, Case Nos. 2030911, 2030912 (Ala. Civ. App. June 30, 2005), the Tuscaloosa Juvenile Court had terminated the parental rights of the mother and putative (supposed) father. Both the mother and the putative father appealed.
Alabama – Credit Against Child Support Arrearage
The Alabama Court of Civil Appeals has reconciled two seemingly inconsistent cases on Alabama child support arrearage, in Pardue v. Pardue, Case No. 2030620 (Ala. Civ. App. June 30, 2005). In this post-divorce case, the mother and father had already agreed that the children should live with the father, so custody wasn’t an issue. The key issues involved child support.
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Corrupt Rulings in Talladega County Juvenile Court
About 2,600 juvenile court cases are in judicial limbo following news that Alabama Supreme Court Chief Justice Drayton Nabers has eliminated the judicial authority of Juvenile Court Judge Tommy Dobson. Here’s a story about it in the Talladega County Daily Home.
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Legal Separation as an Alternative to Divorce in Alabama
One of the questions I get often from people contemplating divorce is whether they should consider a legal separation as an alternative. Here are some thoughts about it.
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“Staying” Child Support
The Alabama Court of Appeals has distinguished between a stay of current child support payments and a stay of collection of a child support arrearage. In Scott v. Scott, Case No. 2030459 (Ala. Civ. App. June 17, 2005), the trial court had ordered the husband (who was disabled) to pay child support of $349 per month and had also ordered him to pay an arrearage of $10,052 for back child support. Here’s the language in the trial court’s opinion:
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Nix to One Year with Mom, One Year with Dad
The Alabama Court of Civil Appeals has reversed a trial court’s custody ruling on the sole ground that it alternates custody of the child from year to year. In Headrick v. Headrick, Case No. 2030690 (Ala. Civ. App. June 17, 2005), there was evidence of domestic violence committed by both spouses against each other but not against the child. There was evidence that both parties had used drugs.
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Dependency and Proving a Parent “Unfit”
The Alabama Court of Civil Appeals has affirmed a trial court’s ruling that his children should live with their maternal grandmother and that it wasn’t necessary to prove him “unfit” before doing so. Ruling in W.T.H. v. M.M.M., Case No. 2040147 (Ala. Civ. App. June 10, 2005), the Appeals Court said it’s not necessary to prove a parent unfit when the child has been found to be dependent.
Is Alabama Running Off Its Smart Women?
I’ve noticed a disturbing trend lately. Right now my only evidence is anecdotal, but I help people who are going through divorce, and they tend to be painfully honest with me, so my anecdotal observations tend to be trustworthy. Within the last three weeks I have talked to five intelligent, articulate women who are leaving Alabama.
Fathers’ Rights Group Plans Alabama Protest
Oh my. This could get interesting. A group calling itself the Alabama Coalition for Fathers and Children (ALCFC) plans to show up at Jefferson County Family Court tomorrow in biohazard suits to protest the “poisons spread to Alabama families by a terribly flawed court system.”
Dealing with a Bad Lawyer
You searched carefully, you crossed your fingers, and you made your decision. You hired a lawyer who said he or she could solve your problem and protect you in court. Now your lawyer seems to have lost interest in your case. The secretary won’t let you get through, or you get nothing but voicemail. And the lawyer doesn’t return your phone calls. What can you do? Here are some suggestions for dealing with a bad lawyer.
Enforcing Visitation
It’s a well-kept secret that remarkably few divorced parents actually fight about the time they spend with their children. When they do, it’s usually not about the children; it’s more likely that somebody is using the children as a weapon against his or her ex-spouse.
More Info on Supervised Visitation Center in Alabama
As I promised you last week, I have learned more information now about the Montgomery Supervised Visitation Center for Children. The Center provides services both during business hours and outside business hours. It provides the capability to videotape in four separate rooms to allow interaction without a physical monitor in the room.
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Annulment of Marriage in Alabama
I get about a question a week from people who have realized soon after their wedding vows that this was all a big mistake. Their usual question is whether they can get an annulment instead of a divorce, because they’ve been married such a short time.