Alabama Divorce Laws with Minor Child
? Ongoing: This type of support is provided either until the death of the payer or until the remarriage of the beneficiary. Some agreements may include a “cohabitation clause” that states that spousal support is terminated when the beneficiary lives with another person to avoid marriage. Permanent support, as with other types of periodic support, may be changed by the court if the party requesting the change can prove a substantial change in circumstances. Family allowances are paid until the child reaches the age of majority, but may be extended beyond this period in certain circumstances, for example during post-majority studies (college) or if the child is mentally or physically disabled. ? the effect on the child or children by interrupting or maintaining an existing custodial status; Section 30-3-150 of the Alabama Code establishes the alabama state policy that joint custody is preferable. The policy promotes joint custody to ensure that minor children have frequent and ongoing contact with their parents when parents have demonstrated their ability to act in the best interests of their children and to encourage parents to participate in the rights and obligations to raise their children after the parents` separation or divorce. The law emphasizes that joint custody does not necessarily mean the same amount of physical custody for each parent. In most cases, even if joint custody is granted, either parent is granted primary custody of the children of the marriage and the other party is granted access rights. The spouse who files the subpoena and divorce action in the county district court. This is a legal obligation based on the premise that both spouses have an absolute obligation to support each other during marriage (or civil partnership), unless they are legally separated. After a divorce action has been filed with the court in order to end the marriage, each spouse can apply for temporary assistance (pendente lite) during the divorce proceedings. If a divorce or other dissolution of a civil partnership is granted, then each spouse can apply for maintenance after marriage (also known as spousal support).
It is not an absolute right to receive this type of financial support, but it can be granted depending on the amount and conditions that vary depending on the circumstances. It is at the discretion of the court to order a transfer of property belonging either to the spouse or to the common property in order to create “justice” between the parties. The court has the power to order each party to assign or transfer its shares in shares, vehicles or immovable property to the other spouse in exchange for an exemption from matrimonial obligations. Since the parties know their own property better, the outgoing couple should develop an acceptable distribution of assets between them. Serious tax consequences can occur without proper planning when dividing the property. “Custody” means the parent who will have custody of the child or children, that is, with whom the child or children will live together. Access rights relate to the rights of the non-custodial parent (when, where, how long, etc.) to spend time with the child or children. And as with the determination of custody, judges also have a great deal of leeway in providing access rights. It is also at the discretion of the court to provide for access rights, even if both parents had not previously consented to a visit.
It is at the discretion of the court to determine whether parents adhere to a certain schedule or whether they allow more general conditions of access outside of direct court intervention programs. Parental cooperation and written parenting arrangements are very useful in guiding the Court of Justice in such decisions. If the parents are unable to agree on custody and access issues, the court may ask them to participate in programs offered by the Child Rights Council and/or other providers. These programs, such as SPEAK and Safe Haven or Gift Exchange Access Center, help them collaborate better and educate parents about the impact that negative behaviors can have on their children. ? Relative income of the parties: If the court recognizes a “right” of the spouses to live “according to the means to which they have become accustomed”, the judge may try to adjust each spouse`s income as much as possible so that it is as close as possible to his or her previous way of life. This action tends to significantly offset income after divorce, but often severely penalizes the spouse who earns the most money. If you`re in court without a lawyer, our Preparing for Court – By Yourself section can be helpful. For temporary out-of-state travel, you may not have a problem if the removal of the child does not interfere with the custody or access rights of the other parent, or if the other parent gives written permission. If it`s safe for you to do so, it might be a good idea to let the other parent know your plans and when you want to return if you`re leaving the state briefly so the parent doesn`t think you left the state to move with the child. Technically, under the law, you would not be considered “displaced” with the child unless you lived elsewhere for more than 45 days; However, it cannot be considered a move if the trip is temporary in nature and does not change the child`s principal residence (principal residence) or if the absence is caused by the need to escape domestic violence.1 For more information about the move, see What do I need to do to move my child? The main factor that a court must consider when determining a parent`s visitation schedule is what is in the best interests of the child.
The defendant spouse involved in the divorce action. ? “Joint custody,” often referred to as co-parenting, means that the parents share the same legal custody, but not necessarily the same physical custody of the child or children. Both have the same right and responsibility to make important decisions regarding health, education, general well-being and religious issues that affect the child(ren). This agreement does not always work as an exact 50/50 split and requires good cooperation between both parents. ? pregnancy, a wife who, at the time of marriage, became pregnant with another person without the husband`s knowledge; (Applies to husband)? When one or both of the child`s parents are no longer alive. The court may grant “sole custody” or “joint custody” if it is in the best interests of the child. When the divorce is complete, will physical (residential) custody and legal custody be determined? Lump sum: This type of support comes in the form of a single payment instead of regular payments (usually weekly or monthly). The amount of lump sum support cannot be changed after a payment has been made and paid. Lump-sum support, like any other form of spousal support, is taxable as income. It is recommended that a person who receives or pays a lump sum first consult an experienced tax professional to determine the tax obligations of this type of payment. Financial “child support” generally refers to the money that the non-custodial parent pays to the custodial parent to meet the needs of the child or children.
This is often the most controversial aspect of divorce and is rarely considered fair by one or both parents without first working hard to understand the nature, purpose and distribution of financial support. It is important to understand that a divorce does not terminate the legal obligation to provide child support. Although the bond of marriage (or any other relationship) has been broken, each parent still retains the legal responsibility to adequately provide for the child or children. The paying parent (non-custodian) may disagree with how the funds are used, but that is not their decision. The use of support is at the discretion of the custodial parent. Even if the custodial parent earns more than the non-custodial parent, support will likely have to be paid until each child is emancipated. Emancipation means that the child is of age and capable of providing for himself,” as determined by state law.
