Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Based on a recent news article, police in Mobile, AL, have arrested a teenage boy for soliciting sex from a female law enforcement officer posing as a prostitute during a recent sting operation to catch adults buying sex on the street. According to police reports, the female police officer attempted to run the 13-year-old suspect away from the scene, but the child continued to return.

As a Birmingham family law attorney and Alabama divorce lawyer, I know the how much trouble teenagers and pre-teens can get themselves into from time to time. Juveniles like the kid in this situation don’t always know the consequences of their actions, which is why the law treats them differently from adults.

While children can get themselves into big trouble by committing serious crimes, usully it’s just a case of kids being kids -- not that they should be excused, but children typically test the limits of their behavior by going over the line occasionally. As a juvenile defense lawyer, my experience tells me that most kids make mistakes that and should be treated as juveniles, although a smaller percentage truly require an adult-style criminal defense.

In this case, the child was charged with a misdemeanor count of loitering while looking for a prostitute. Even seasoned veterans of the Mobile police department were surprised by news of the arrest -- according to new reports, the next-youngest suspect nabbed in the sting was 22 years old.

One patrolman, Officer Christopher Levy, said he had never heard of a juvenile john being arrested. “It sounds very young,” said Levy acting as a spokesman for the Mobile Police Department.

The arrest occurred during a prostitution sting operation that was set up in a residential area earlier in November after citizen complaints started coming in about prostitutes trolling for business around three intersections. An officer playing the part of a hooker noticed a would-be customer looked a little young.

Police reported that the child approached the undercover officer and allegedly propositioned her for sex and the officer tried several times to get the 13-year-old to move on. According to police, the youngster kept returning so she had no choice but to arrest the boy, along with fifteen adults who were arrested on various prostitution and drug-related charges.

Prostitution sting snares boy, 13, PNJ.com, November 18, 2009
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and other marital and post-marital agreements remains one of sympathetic, yet aggressive advocacy.

My years of experience in divorce-related and family law matters has equipped me to provide the necessary counsel during one of the most trying times in a person’s life. Here are some additional legal terms you may run across when facing a divorce or separation in the state of Alabama.

Alimony, Maintenance, Spousal Support
The awarding of alimony is determined by the court based on the need of the spouse requesting alimony and the ability of the other to pay. If fault is a factor in the divorce, the judge has the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify. However, any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount of alimony.

Child Custody
Child support is determined using the Income Shares model, with the theory that children should continue to receive that same amount of support as if the parents were still together.

Child Custody
The courts in Alabama strives to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court shall in every case consider joint custody, however it may award any form of custody which is determined to be in the best interest of the child.

Joint custody does not necessarily mean equal physical custody. In determining whether joint custody is in the best interest of the child, courts typically consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

1. The agreement or lack of agreement of the parents on joint custody
2. The past and present ability of the parents to cooperate with each other and make decisions jointly
3. The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent
4. Any history of or potential for child abuse, spouse abuse, or kidnapping
5. The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and informed counsel in a time of emotional upheaval.

Having an experienced attorney by one’s side is paramount when working through the various steps of legal separation and divorce. I have the training to make the process as smooth as can possibly be expected under the circumstances. The many legal terms and conditions can be confusing for some people, which is why I always recommend finding a competent divorce lawyer right off the bat.

Here are some of the legal terms you may run across when facing a divorce or separation in the state of Alabama.

Legal Separation
Here in Alabama, the state recognizes legal separation. Courts will typically enter a decree of legal separation if all of the following requirements are satisfied:

1. The court determines that the jurisdictional requirements for the dissolution of a marriage have been met
2. The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart
3. To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with the law

Property Division
Alabama is an equitable distribution state, which means that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband. All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit.

Additional information will be included next week in part two of this discussion. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As a Birmingham, AL, divorce lawyer and family law attorney I have represented numerous clients facing jail time, fines and court costs over non-payment of child support and other court-ordered obligations. A recent news article shows that anyone can be hit with sentence of jail time due to not paying support to a spouse for either child support or alimony. While this is a serious issue here in Alabama and elsewhere, in many cases there may be extenuating circumstances surrounding the non-payment, which is why folks need a qualified divorce attorney by their side.

If we are to believe the gossip columns, Linsay Lohan's dad is reportedly six months behind in his child support payments. The mother’s complaint is that Michael Lohan is being paid for making personal appearances across the country to speak out about his daughter Lindsay, yet he allegedly is not meeting his financial obligation to the three younger Lohan kids.

Because of this Mr. Lohan could face a jail sentence over non-payment of child support, according to Lindsay's mother, Dina Lohan. The minor Lohan children involved in this support case are Ali, Michael Jr. and Dakota.

According to the tabloids, Michael Lohan has been paid to appear on U.S. television shows nationwide to publicly plead with the "Mean Girls" star to seek professional help for her reported addiction to prescription drugs. At the time of the reports, Dina Lohan was said to be planning to file court papers earlier this week in an effort to get Michael to pay her what he allegedly owes.

Child support and alimony payments are usually ordered by a court in the final marital agreement. Under Alabama law, every child has a basic right to receive support, and every parent has an obligation to pay support. A temporary child support order is requested when parents separate to divorce. A final child support order is entered by the court in the final marital agreement. Thereafter, child support is enforceable as a post divorce legal action.

This is where Mr. Lohan could end up in prison if it can be proven that he has failed to meet his obligations based on the final marital agreement following the couple’s divorce. Meanwhile, it has also been reported that Lindsay Lohan has planned to seek a restraining order against her estranged father after he publicly pleaded with her to seek professional help for her alleged addiction to prescription drugs.

The actress was reportedly horrified to discover her dad claimed she was on "death's doorstep" -- and now she has taken to Twitter to blast Michael, after his public allegations left her younger sister in tears.

Michael Lohan may be facing jail time, MSN.com, November 1, 2009

• Email This
• Print
• Comments
• Trackbacks
• Share Link