Postnuptial Agreements are similar to a Prenuptial Agreements, but are entered into during the marriage to define each party’s rights in the event of death or divorce. These agreements are typically entered into at a time during the marriage when divorce is not imminent. If the parties have already contemplated divorce, they would most likely …
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 …
Prenuptial (or Premarital) Agreements are an agreement entered into prior to marriage to resolve issues that may arise in the event of a divorce. The purpose is to vary the provisions that the law would allow. To be valid, these agreements must follow certain requirements to guarantee that they are fair and proper. The Uniform …
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 …
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: …
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 …
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
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 …
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 …
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 …
