Nicole Saia – Partner

Biography Nicole Saia grew up in Virginia and moved to Birmingham in 1998 to attend law school. Nicole is a graduate of Virginia Tech, in Blacksburg, VA where she earned her undergraduate degree. She went on to earn her Juris Doctorate from Cumberland School of Law, Samford University in 2001. While a law student, Nicole …

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Child Support Enforcement

It is extremely frustrating when child support payments are interrupted or suddenly stop.  If there is an existing order for child support, a parent can file a “Rule Nisi” petition asking the Court to issue civil and criminal penalties against the parent who has stopped paying.   A parent can also call the Department of Human …

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Child Support Modification

You may request the Court modify your existing child support award by filing a petition, but you must demonstrate a “material change of circumstances.”  Reasons for modifying child support include, but are not limited to, income changes of more than 10%, changes in employment, health care, child-care, and physical custody. Contact: Tel: (205) 874-8680Fax: (205) 874-8685 Address: …

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Decisions on the physical and legal custody of a child are extremely personal and terms such as joint, shared, sole, physical, and legal custody can be unnerving when thinking about your own child. Joint physical and legal custody indicate each parent has a say in the academic, medical, religious, cultural, and other decisions regarding their …

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Post-Minority Support

Post-minority support for college expenses are no longer ordered due to the ruling in Ex Parte Christopher, 145 So.3d 60 (Ala.2013).  There are exceptions for children with disabilities. Agreements and orders previously made on post-minority support are still enforceable. Contact: Tel: (205) 874-8680Fax: (205) 874-8685 Address: 1 Independence DriveSuite 305 Birmingham, AL 35209 Phone

Child Support

In cases involving custody of a child, child support must be calculated and recorded.  Each parent must complete an income affidavit form stating the name of their employer, their gross income earned each month, and the amounts spent on health care and child-care.  Those numbers are then plugged into another document which incorporates the Alabama …

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Custody Modification

In certain situations, custody can be modified from one parent to another, or to a joint custody arrangement.  There are different standards in Alabama.  If one parent has previously been awarded primary physical custody, the standard to justify a change in physical custody is much higher.  In that case, a parent must prove that any …

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Dependency is a court proceeding to determine whether a child’s parent or guardian is abusive or neglectful.  In dependency matters, the juvenile court may temporarily or permanently remove the child from the parent’s home.  In cases where the child is temporarily removed from the home, the court’s goal is to return the child to the …

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Paternity is a court proceeding to determine whether a person is the father of a child, especially in cases where a child is born out of wedlock.  A paternity test, usually involving DNA identification, is used for determining whether a given man is the biological father of a particular child.  Paternity tests can be used …

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If a person is able to comply with the terms of a court order but fails to do so, the court can find that person in contempt.  A person who obstructs the court’s administration of justice can also be found in contempt.  Alabama law divides contempt into civil contempt and criminal contempt.  In civil contempt, …

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