Joseph Allan Shaw’s Answers

Joseph Allan Shaw

Loxley Family Law Attorney.

Contributor Level 5
  1. In the case of a divorce does division of assets, child support, and alimony include family accounts my name is associated with?

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    1 lawyer answer

    In Alabama, child support is calculated by using the gross income of the parents. Whether a particular asset is marital property or not depends upon several factors, including whether it was ever used for the benefit of the marriage, whether it was accumulated during the marriage, how it was obtained, often the total size of the entire estate, and a few other less significant factors. Periodic alimony, or spousal support, is usually determined by whether there is a need by the spouse...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Do I have to give my children to their father after he has broken custody agreements?

    Answered about 1 year ago.

    1. Jessica Ashleigh Meyer
    2. Randy William Ferguson
    3. Joseph Allan Shaw
    3 lawyer answers

    You are not supposed to withhold visitation over issues like these or because of child support issues. The proper remedy is to ask the Court to hold him in contempt. Simply being difficult yourself in response to other parent being difficult might feel good and perhaps even will produce the proper outcome.....but, it can also give you unclean hands if someone resorts to the proper legal solutions. I concur that the proper course is to consult with an attorney who regularly practices in the...

    2 lawyers agreed with this answer

  3. Can my wife file for a divorce in another state even tho she have one pending in another state?

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    1 lawyer answer

    There needs to be more information given before this question can be answered. If Alabama does not have jurisdiction, then she could file a motion to dismiss the case here and also file for divorce in the state that properly has jurisdiction while this motion is pending. Although personal jurisdiction in Alabama can be waived, subject matter jurisdiction cannot. If the person who filed for divorce has not lived in Alabama for at least six months, then Alabama does not have subject matter...

    1 lawyer agreed with this answer

  4. Would it be better to admit to adultery and move on with court/mediation or continue hiding it? Paperwork was filed for Adultery

    Answered about 1 year ago.

    1. Holly Nicole Ray-Kirby
    2. Joseph Allan Shaw
    3. Reid A Seino
    3 lawyer answers

    This question is more complicated than it first appears. First and foremost, keep in mind that Adultery is still a crime in Alabama (I have never seen it prosecuted, keep in mind that anything you say or answer can technically be used against you in a criminal case). I agree that it is never a good idea to lie. However, any decision on how to handle this issue must be carefully handled with full knowledge of the risks. I have had clients refuse to answer this question and require the...

    1 lawyer agreed with this answer

  5. How does a hold for a FTA work?

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    2. Theodor Kaplun
    2 lawyer answers

    Usually, once you are picked up/arrested, they will either hold you without bond and transport you to the jurisdiction where the FTA was issued or they will grant you a new bond for the FTA. Normally you need to get a local attorney deal with the underlying case. Although paraphernalia does not have as serious consequences as other possession charges (i.e., you will not have your D.L. suspended), it is still a criminal charge and should be taken seriously.

    1 lawyer agreed with this answer

  6. My 12 year old daughter wants to change her last name to my maiden name. Her father and I divorced when she was a baby and I

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    2. Frances Parker Quarles
    2 lawyer answers

    You can change her name if the father will agree to sign a written consent.

    1 lawyer agreed with this answer

  7. My adoptive name, not my biological name is on my birth certificate. How can I get it reverted to the factually correct name?

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    2. Christopher Adam Callaghan
    3. Kristen Jane DeWitt-Lopez
    3 lawyer answers

    In my experience, it is possible to change information on your birth certificate, but you must first obtain an order from a Circuit Judge instructing the Department of Vital Statistics to make the change. If you were legally adopted, this might be more complicated than it will be worth. Doing a simple name change through the Probate Judge's office would be much easier and provide a degree of separation from your abusive adoptive parents.

    1 lawyer agreed with this answer

  8. How can I get a divorce and child support

    Answered about 1 year ago.

    1. Clyde Temple Bailey III
    2. Frances Parker Quarles
    3. Joseph Allan Shaw
    3 lawyer answers

    I agree with Clyde Bailey's answer. I would add that according to the facts that you have provided, at this point, he has no duty to bring the children back to you; you both have equal rights to keep the kids in your custody until a judge rules otherwise. You would be well served to get custody, visitation, and child support established. This can be done with a divorce action or it can be done with a petition that only deals with those issues. If you want to get divorced, you should get it...

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  9. What I'm I looking at for Mandatory Supervision to Detainer ?

    Answered about 1 year ago.

    1. Christopher Hugh Daniel
    2. Joseph Allan Shaw
    2 lawyer answers

    He has something pending in Alabama. It could be a failure to appear, either for new charges in which he has never been adjudicated, or an older case where he failed to appear for a review. Either way he will likely be transported back to Alabama upon his release from Texas and will have to deal with the issue once here. An attorney should be hired in Alabama to start working on this prior to his arrival in Alabama.

    1 lawyer agreed with this answer

  10. I signed over temporany custody rights to the father beacuse I needed to get my life togther how do I get them back?

    Answered about 1 year ago.

    1. Joseph Allan Shaw
    1 lawyer answer

    You need to insist on a meeting with your lawyer and discuss, in frank terms, your concerns with how your case is being handled and obtain answers as to why things are going the way they are. If you remain unhappy with this situation, you should think about changing lawyers.

    1 lawyer agreed with this answer