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

The Toronto Sun reports that former supermodel Linda Evangelista is demanding $46,000-a-month in child support from her former husband, mogul Francois-Henri Pinault.

It may be the largest amount of child support sought in the New York court, the magistrate judge on the case has said.

It's a staggering amount to request, but child support in Birmingham divorces is an essential part of divorce process. An aggressive Birmingham Divorce Lawyer will look at all aspects of the case and assess the best way to approach it, including whether to seek child support or alimony and how to defend against it.

According to the news report, Evangelista, 46, filed the request to take care of her 4-year-old son in Manhattan Family Court. The model claims Pinault hasn't contributed to the costs of taking care of the boy since he was born. The request would cover security costs for around-the-clock armed chauffeurs and a full-time nanny.

The French billionaire, who is now married to actress Salma Hayek, is fighting the request, questioning why she would need so much to care for the child. Evangelista, who the newspaper reports is worth $8 million, said she relies on staff to care for the child when she's on assignment. When asked by the judge how many hours she works per week, she said she can work up to 16 hours a day on assignment, but must go to beauty appointments, the gym and other image-savers on off-days.

Child support in Alabama divorces can be contentious because it deals with finances, which can be tight around the time of, and after, a divorce. Because money is always a sore subject in divorce cases, being forced to write a check each month can be tough to swallow.

In Alabama, the first issue of dealing with children of divorce is who gets custody. Child custody in Alabama divorce is typically determined by what the court determines is in the best interest of the minor child. There are several forms of custody -- temporary, legal, physical and joint. Temporary is ordered when the divorce is first filed, while legal custody defines where the child will remain once the final order is signed. Physical custody determines where the child lives and when visitation is granted. State policy encourages joint custody in all cases, but the court can deviate, depending on a list of factors.

Once custody is determined, a judge can decide how much the parent not living with the child must pay. This is calculated based on all relevant income and if unemployed, a court can still determine an amount based on potential earnings, education and employment history. A judge can factor in outside reasons as well.

This is where the debate skills of an experienced Birmingham Divorce Lawyer can come into play. Judges typically make these decisions based on documented proof, but also on the argument of a lawyer who can show how much of a hardship unreasonable amounts of child support may be or how the money must be awarded in order to care for the child.

Continue Reading...

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

Former California Governor Arnold Schwarzenegger recently returned to Austria and sources say that he has been paying child support even before he and Maria Shriver have officially filed for divorce, the Daily Mail reports.

Child support in Birmingham can be contentious because financial matters are important as a couple divorces and tries to move forward. So, hiring an experience Birmingham Divorce Lawyer is crucial to making sure all financial areas of a divorce are properly hammered out.

As previously reported by Alabama Divorce & Family Law Attorney Blog, the actor and his wife split after 25 years of marriage. At first, the public wondered why the couple, who has four children, ages 13 to 21, would suddenly break up. But news quickly surfaced that Schwarzenegger, famous as a politician and as an action movie star, had fathered a child 14 years ago with a worker in the family's California home.

The Daily Mail reports that as their lawyers continue working on a divorce settlement in advance of the divorce being filed, Schwarzenegger has been paying for his sons' private school bills. The newspaper reports that Shriver's lawyers are working to get a full estimation of his worth.

What couples entering divorce should consider is that every child has the right to be supported. But determining how much money is paid, who gets the money and the consequences of not paying are all important factors.

In Alabama, the court will consider several things before calculating child support payments. First, all relevant income of the parent ordered to provide child support is the first factor. If unemployed, the court will base its calculations on past earnings, likely future earning, the parent's education and other factors. The court may also take into consideration other factors as well.

Temporary child support orders may be put into place as soon as one spouse files a petition for divorce. It will remain in effect until the final divorce settlement. And the only way to terminate child support obligations is if the parent paying child support gives up their parental rights or if the parent receiving support abuses the child.

The court will not act as a monitoring agency for child support payments, but does have the authority in some cases to garnish wages or send a person to jail if they fail to make child support payments. Sometimes, an outside government child support agency can monitor these situations, but it is the parents' duty to govern this area.

Keep in mind that child support issues largely revolve around which parent gets custody after a divorce. So, making sure you hire an aggressive Birmingham Child Custody Lawyer is an important step to making sure you are able to have influence on and a strong relationship with your child after divorce. The court will take into consideration what is in the best interests of the child or children, so putting together an impressive array of information and witnesses is essential in persuading the judge in your case.

Continue Reading...

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

Taking your problems to a court of law may seem like a necessary solution, but it is rarely a simple process without the right kind of help. As a Birmingham divorce lawyer and family law attorney, I’ve assisted many Alabama residents in areas such as child custody, child support and spousal support, or maintenance.

If you live in Montgomery County, Talladega County, Cullman County or any of the dozens of towns and cities throughout the state, you face the same court system that thousands of local people face every year when pursuing justice for themselves and their families. When it comes to divorce and other related marital cases found in family court, the path to a favorable resolution can be fraught with pitfalls and time-consuming hurdles.

Lawsuits in Alabama can take months or even years to make it to court. But if you're pursuing a divorce you can’t wait to have that settlement over and done with. Most everyone I’ve counseled regarding divorce or legal separation has wanted a quick decision from the judge. That decision must include who gets custody of the children, the family vehicle, money held in multiple bank accounts, the couple’s home, a whole range of items.

As a spouse with little or no means, a decision by the court also must address monies for child support and other payments. In short, you cannot wait months or years for your case to inch its way through the state’s court system.

The good news here is that you do not have to wait. When couples become separated, important issues are often resolved via a short hearing before a judge, instead of requiring a full-blown trial. These hearings are usually held in a special court, referred to as family court in most states.

Regardless of the brevity that these sessions typically offer, because they are so quick you must be prepared and know exactly what you want to ask. You may have only a few minutes to state your side.

One helpful tool is the Temporary Order. This can be used by a spouse with little income of her own to help start some kind of support payment in order to feed and shelter the couple’s children. For example, a wife who has been abandoned can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.

Continue Reading...

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

One fact of divorce in Alabama, no matter what town or city you call home -- Huntsville, Tuscaloosa, Decatur, Vestavia Hills or Talladega -- alimony and child support are a definite possibility depending on your means and the needs of your soon-to-be-ex spouse. While most individuals will fight hard not to pay alimony to a former partner, paying child support is usually accepted, albeit grudgingly by some.

As a Birmingham family law and divorce lawyer, I understand how some consider child support to be a burden, especially when that party doesn’t get to see the kids on a daily basis. Over time however, even the best provider may ask himself, “do I need to keep paying support for these nearly adult-age kids?”

The fact of the matter is that in Alabama, the age of majority is 19. What this means is that child support comes to an end once that teenager hits 19. (Be careful, though, because there is a provision for post-minority support payments when it comes to helping with college tuition and such). But for our purposes here, 19 is the age at which child support is terminated.

That being said, I have run into situations where people have asked me whether or not an 18-year-old who joins the military or otherwise is on his or her own still qualifies for child support. Does that parent’s obligation to pay support end under these kinds of circumstances?

Simply put, a parent cannot simply cease payments because they feel the child is now functioning as an autonomous individual, and neither does the child support automatically stop. However, Alabama law does provide for these kinds of situations, such as an 18-year-old joining the military.

In such instances, Alabama law allows the parent who is providing child support to file a petition with the court requesting that the child in question be declared “emancipated.” If the court agrees and the petition is granted, then the child support will usually be terminated legally.

Depending on the circumstances, it is possible that a judge will concur that the child is emancipated and subsequently grant the request for termination. Keep in mind that this is completely up to the discretion of the court and is not necessarily guaranteed . As with any family law issue, it’s wise to seek the advice of a qualified legal professional.

• 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

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. 

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

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. 

Continue Reading...

• Email This
• Print
• Comments (3)
• Trackbacks
• Share Link

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. 

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

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. 

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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.   

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

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.

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

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. 

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

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.

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