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Birmingham Divorce Law Blog

Alabama parents can land in jail for back child support payments

Child support discussions usually come up when a marriage or relationship ends and children are involved. Courts usually order child support to be paid to the parent who has full custody of the child. Unfortunately, there are times when the parents who are responsible for paying child support end up in a financial spot, resulting in delinquency of child support payments. However, Alabama parents who intentionally fail to meet their obligations could be charged for non-payment of child support. 

A 41-year-old father found himself in a bind when he was unable to pay child support. In September of last year, the man entered a plea of guilty for failure to pay over $87,000 in back child support payments. He was sentenced to probation and, under the agreement, he was required to obtain employment and pay the money back.

Safeguarding kids during divorce

Many couples fear getting divorced for the sake of the children. Children are oftentimes the most vulnerable when Alabama parents divorce due to guilt and confusion. However, there are effective ways to handle the matter with children while divorcing.

There are substantial needs of children while parents go through the divorce process. One of the needs is acceptance. Kids usually take it personal by placing blame on themselves for the marriage ending, and parents may want to assure them that they are number one. Another need for children is assurance and safety. Parents may need to go above and beyond to ensure that their children's protection is substantial.

Court upholds spousal support waiver upon appeal

Prenuptial agreements are designed to predetermine various aspects of a divorce in order to avoid or at least minimize litigation. These types of agreements, which are common among spouses in Alabama and other states, will decide issues of property division and spousal support. A strong prenuptial agreement will stand up against any legal challenge to the validity of its terms in court.

One couple's prenuptial agreement was put to the test recently in court when the wife attempted to challenge the validity of the agreement. Apparently, the couple had mutually waived their rights to spousal support when they signed their prenuptial agreement in 1999. The wife filed for divorce in 2009 and was able to convince the judge in the trial court to award her $3,500 per month in spousal support for the period of 49 months, despite the prenuptial agreement.

Mother loses child custody after night of drinking

A teen and her 8-year-old sibling were taken into protective custody recently. Alabama residents may have learned that a mother was charged with child neglect after her 13-year-old daughter was found drunk. Now, the mother has lost child custody -- not to the other parent, but to the state.

Reports were received by authorities about a possible fight at a motel. When authorities arrived, they discovered the woman's daughter in the bathroom, drunk and passed out. Reportedly, the teen was drunk to the point that she needed medical care. In addition, the mother and her boyfriend were among those who were intoxicated. The mother informed authorities that she and a group of other people were playing a drinking game on the motel room floor.

Nick Cannon and Mariah Carey headed for a divorce case?

After six years of marriage, there are allegations that Nick Cannon and Mariah Carey have decided to get divorced. Alabama fans may have learned about rumors that the two have been living apart for the last few months. Mariah is reportedly upset with Nick Cannon because he did not issue a joint statement about the possible divorce since one was being prepared.

Just weeks after they started dating, the pair got married in the Bahamas back in 2008; and three years later, Mariah gave birth to twins. Mariah is rumored to be unhappy with Nick's decision to announce the divorce ahead of their joint statement. According to reports, things could be getting ugly between the two, with Mariah possibly enacting a gag order against Nick. However, there is one thing that the couple still has in common and this is the focus on their children.

Prenuptial agreement covers more than just assets

Most people believe that prenups are only a preparation for a divorce in the future. However, entering into a prenuptial agreement is not only for safeguarding assets and property, it’s also about proper communication and planning ahead of time. This can help prevent or at least decrease the chances of Alabama couples having bitter arguments in the future.

Prenuptial agreements typically address certain issues pertaining to assets that were held before the marriage and assets that were gained throughout the marriage between both spouses. Also, prenups outline financial obligations, including credit cards and college debt. It’s usually beneficial to couples if they isolate these debts and have discussions about who will be responsible for paying them.

Property division and other divorce matters can cause conflict

Choosing to get a divorce may be one of the hardest decisions a person has to make in Alabama. However, the decision to divorce may be just as hard for the soon-to-be-ex, particularly when the two can’t agree on major matters such as property division or child custody. This can sometimes motivate the scorned lover to attempt to ruin the other person’s reputation, which may be easy to accomplish if the other individual hasn’t taken steps to protect himself or herself.

According to a new study, only a little more than 30 percent of people asked their exes to immediately delete the other party's personal information after splitting up. This personal content may include intimate photos and passwords, for example. In addition, one-fifth of respondents said they were apt to log in to a spouse’s account on Facebook once per month or more.

Sherri Shepherd decides she doesn't want child custody

Actress and TV host, Sherri Shepherd, has been even more in the spotlight due to her recent divorce filing. Divorce comes with many matters for Alabama spouses to iron out, including child custody, and this case is no exception. In an unusual twist of events, Shepherd has requested not to have custody of the surrogate unborn baby.

Shepherd and her newly estranged husband got married three years ago. At some point in time, Shepherd realized that she could no longer have children, which prompted her and her husband to take further action. They obtained services from a surrogate mother who became pregnant through in-vitro fertilization by a donated egg and the husband’s sperm. Initially, the husband requested for the court to grant him legal and full custody.

In some circumstances, a prenuptial agreement can be set aside

For many individuals -- whether they have important assets or children that they are trying to protect -- a prenuptial agreement can be an essential tool to utilize before entering into a marriage. However, it may surprise some in Alabama to learn that these agreements are not necessarily airtight. After a divorce, a prenuptial agreement can actually be challenged for a number of reasons.

When petitioning to have a prenup thrown out, the question of how and when it was signed may arise. Details concerning the circumstances of its signing are of particular importance as they might indicate that one party was placed under undue duress before signing. For example, a prenuptial agreement signed right before a marriage might be a sign of a spouse who felt pressured to sign rather than cancel a wedding for which they had already shelled out a substantial amount of non-refundable money.

Jennifer Lopez divorce case comes to an end

Jennifer Lopez is well-known in today's society, from being a recording artist to being an actress and a fashion icon. Most Alabama residents may remember Lopez for her hit roles in the movie "Selena" and the TV show "In Living Color." In spite of her successful career, she and recording artist Marc Anthony’s divorce became finalized after the two had been separated for three years.

Jennifer Lopez and Marc Anthony separated back in the summer of 2011 and, as of 2012, Anthony officially filed for divorce. According to reports, the court granted the parents joint custody of their twin son and daughter. The agreement states that Lopez will keep the children a majority of the time, and Anthony will keep them for seven days each month. In addition, neither of the two will be obligated to pay alimony or child support.

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