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

The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians.  The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules.  The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents. 

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well.  The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days. 

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service. 

**The military have special rights and obligations pertaining to divorce and family law matters.  I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law. 

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The Alabama divorce and family law attorneys and lawyers of Eversole Law offer legal services in Alabama divorce, alimony, child custody, child visitation, prenuptial and post-nuptial agreements, grandparents rights, adoption, and other Alabama family law matters. I founded my Alabama divorce and family law practice to ensure every Alabama family has access to affordable and qualified Alabama divorce and family lawyers and attorneys.  I will personally walk your family through the difficult process of an Alabama divorce proceeding and make sure your interests are protected in child custody, alimony or visitation proceedings and orders.  As an Alabama divorce lawyer I represent clients in Birmingham and throughout the state of Alabama, and I guarantee top notch service and quality legal professionalism.  When you chose an Alabama divorce lawyer or attorney from Eversole Law you are choosing personalized 24/7 service in a family like environment.  We take care of our clients in every way. 

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My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama.  I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior 

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster,  Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.   

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama. 

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Please check out my firm's website.  My Alabama Divorce Law firm focuses our practice on divorce, child custody, child visitation, alimony and support, property division, asset protection, family law and more.  We cross the state of Alabama and regularly handle divorce and family law cases in Birmingham, Mountain Brook, Vestavia Hills, Hoover, Pelham, Leeds, Moody, Pell City, Trussville, Huntsville, Montgomery, Mobile, Tuscaloosa, Fultondale, Irondale, Homewood; and in counties like Jefferson County, St. Clair County, Madison County, Tuscaloosa County, Shelby County, Mobile County, Walker County, Jackson County, Marshall County, Limestone County, Chilton County, Bibb County, Talladega County, Montgomery County, Etowah County, Mobile County, Cullman County, Baldwin County, Winston County, Dekalb County and Cherokee County, etc. 

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The Baldwin County, Alabama pastor whose wife disappeared at a religious conference in Louisiana received full and sole custody of his two children.  The Rev. Jason Lee's wife made news in March after walking out of a Christian Women's conference.  Her disappearance caused understandable concern and lead to widespread police searches.  She was later found to pawned her wedding ring and fled to New York.  The Alabama divorce settlement gives Rev. Lee full and sole legal custody of his two children.  The Pastor's wife will also have to pay $200 a month in child support.  The wife will get child visitation rights every other weekend and the parents will split physical custody on the holidays. 

I for one think this lady got off easy.  She abandoned her kids and fled to New York.  If not for the intense media coverage she may have never returned.  She obviously has significant mental issues and her ability to care for her children even during limited visitation periods should have been called into question.  Of course, it is always a possibility that she has a really good Alabama divorce, family law and child custody attorney and lawyer, while the Pastor does not.   

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A Jefferson County, Birmingham, Alabama client asked an interesting question today.  How is child support calculated when your ex-spouse doesn't work, or has a sporadic work history?  Primarily, when calculating child support the court looks to the well being of the child.  And when awarding child support in this situation ,an Alabama court will impute an income to your ex-spouse, if the court finds he/she is voluntarily unemployed or underemployed.  The court will estimate the unemployed or underemployed parents income, and impute that income to the spouse owing child support.  The court looks to past employment, employment potential, probable earning levels, education and job qualifications, as well as job opportunities and earning levels in the community.  The Alabama rules regarding child support can be found in the Child Support Guidelines Rule 32.

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The Alabama Rules provide the following non-inclusive list of reasons for deviating from the child support guidelines:

1. Shared physical custody or visitation rights for periods of physical custody or care of children is substantially in excess of those customarily approved.
2. Extraordinary costs of transportation for purposes of visitation borne substantially by one parent.
3. Expenses of college education incurred prior to a child reaching the age of majority.
4. Assets or, or unearned income received by or on the behalf of, a child.
5. Such other facts or circumstances that the court finds contribute to the best interest of the child for whom support is being determined. A.R.J.A., Rule 32(A)(1)(e).

The existence of any factor above does not require the court to deviate from the guidelines, but may be considered by the court in doing so.  Furthermore, the court may deviate from the guidelines even without any of the above factors as well. 

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A child has a basic right to receive support.  The parents obligation to provide such support cannot be removed except by a termination of parental rights, i.e. adoption.  The rules governing child support in Alabama can be found in the Alabama Child Support Guidelines, Alabama Rules of Judicial Administration, Rule 32.

The calculation of the support figure from the guidelines above is deemed correct unless shown otherwise.  The guidelines are not intended to be carved in stone. They are "guidelines" only. They are meant as a map to assist parties, lawyers, and judges in making more consistent awards of child support.

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