Plaintiffs and the Alabama Supreme Court

Alabama's reputation as a defendant-friendly state (with regards to "plaintiff's" cases like personal injury and so on) appears to be supported by the data:

http://blog.al.com/wire/2013/01/alabama_supreme_court_mostly_r.html#incart_river_default

Though this isn't news to most personal injury lawyers, the statistics introduce a new topic for conversation.

Why All Adults Need a Will

Great summation as to why all adults, regardless of age, need to plan for the end and secure a last will, living will, and durable power of attorney:

http://money.cnn.com/magazines/moneymag/money101/lesson21/index3.htm

As an estate planning attorney, I also encourage you to check my website for more information. 

Facebook and Divorce: An Unlikely Tandem

Facebook can be an asset, or a thorn in your side, in a divorce proceeding.  For those who heavy-handedly share their personal lives with everyone on Facebook, take note:

http://articles.cnn.com/2010-06-01/tech/facebook.divorce.lawyers_1_privacy-settings-social-media-facebook?_s=PM:TECH

Discretion and wise-posting are wise choices if you believe a divorce or child custody hearing may lie in your future.  An, if a divorce is right around the corner, contact a divorce attorney.

Sperm Donors May Owe Child Support

A recent court decision in Kansas found that a man who answered a request on Craigslist to donate sperm to a lesbian couple is, pursuant to Kansas law, the legal father of the child and must pay child support to the child's mother.

http://www.cnn.com/2013/01/04/us/kansas-sperm-donation/index.html?iref=allsearch

Since the parties involved failed to utilize a medical doctor to facilitate the insemination, the law will not ignore his paternity.

Alabama law is analagous (Section 26-17-702).  If you are considering sperm donation or using someone else's sperm donation to become pregnant, consult a child support attorney versed in Alabama family law first.

Hugh Hefner's Marriage: When a Prenuptial Agreement Makes Sense

This article provides a simplistic but informative overview of when a prenuptial agreement makes sense.

http://www.jdsupra.com/legalnews/divorce-and-family-law-lessons-learned-00788/

Thanks Hugh and Crystal! Need a prenuptial agreement, don't hesitate to contact me.

"Two Big Child Custody Mistakes"

Great Article by Family Law Attorney Bob Jeffries:

http://www.huffingtonpost.com/bob-jeffries/two-big-child-custody-mis_b_2318594.html?utm_hp_ref=divorce&ir=Divorce

I've seen this in my practice twice.  Lesson to be learned: do not rely on informal custody arrangments.  Use a child custody lawyer, record the agreement in writing, and have a Court approve it.  Protect yourself and your children.

Child Support - Part II: Six More Questions, Six More Answers

This is the second of two blogs discussing the law of Child Support in Alabama.  In the last blog, I addressed six of the most commonly asked questions I hear concerning child support.  As promised, here are six more.

7)  How long am I required to pay Child Support?  A child support obligation terminates upon the occurrence of one of three events: 1) the child reaching the age of majority - 19; 2) the child's emancipation through a court determination or marriage; or 3) the child's becoming self-supporting.

8)  Can I be required to pay Child Support for time before my Court date?  Yes.  Once you are the legal parent of a minor child, you have a duty to support.  The Court may order retroactive support for that time period. 

9)  Can I be required to pay Child Support beyond the child's reaching the age of majority, that is, beyond the child's nineteenth (19th) birthday?  Yes.  Alabama Courts have jurisdiction to order divorced parents to pay post-minority support their child in either of two circumstances: 1) when the child suffers from a pre-majority disability that prevents self-support; or 2) to provide assistance to children for educational purposes.

10)  Can the Court take Child Support payments out of my paycheck, that is, can my wages be "garnished"?  Yes.  The law allows for this, however, it is not always required.

11)  What happens if I do not pay Child Support?  The owed support continues to add-up forming what is referred to as an arrearage.  The arrearage draws simple interest at 12% per annum.  The custodial parent can bring this issue to the attention of the Court by filing a petition for contempt.  Oftentimes, the Department of Human Resources will assist the custodial parent in this endeavor.  Also, the law allows for DHR to seek to suspend the driver's license of the payor.  Finally, the Court may find the payor to be in contempt of the order to pay child support; this finding can result in jail time.  I advise you retain a competent child support attorney if you face any of these issues.

12)  I've got Court coming up regarding my paternity of a child and/or the possible payment of child support and/or my failure to pay ordered support.  Do I need an attorney?  YES!!!  The money you spend on an attorney will be drastically less than the money you may end up paying if the child support figure is computed incorrectly or your rights are not protected.  And know this: DHR will not care about your financial situations or how much you should pay.  They will attempt to secure as high of a payment for their client as possible.  So, YES, you need a Child Support Attorney. 

Of course, if you face any issues surrounding child support, please don't hesitate to contact me.  My best.