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Amber Yerkey James
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Amber James’s Answers

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  • Can i keep my ex husband from seeing his child since he wont pay me child support?

    My ex husband is not paying me the right way with child support. Basically under the table. He is not giving me money when hes suppose to always skips days. He doesnt call to check in on his child. He skips his weekends alot.

    Amber’s Answer

    Child Support and Visitation are not connected. You cannot withhold visitation just because he is not paying his support. The appropriate method to handle your ex's failure to pay his child support is to seek relief from the Court.

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  • Am i entitled to money from lawsuit filed my wife when we were married but settled after divorce

    wife files for divorce Aug 2015, gets fired from job May 2016, divorce is final Sept 2016, she sues company and wins after divorce is final, am i entitled to any of the money since we were still married at the time she was fired, we were unable to...

    Amber’s Answer

    I agree with my colleague. If she had been fired prior to the filing of the complaint for divorce, you may have had an option to seek some of the funds from the ensuing court case. However, since she was not fired until after the divorce was filed, I am afraid you are out of luck.

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  • Will I be REQUIRED to pay child support if I agree to let my children with their father most of the time?

    My 2 children express interest in living with their father the majority of the time. We currently share time 50/50 and neither side pays child support. The children are both in high school. My question is, will I be REQUIRED to pay child suppor...

    Amber’s Answer

    If you and your husband reach an agreement and you can justify why you are both agreeing to you not paying child support, it is possible the judge will accept that. However, your ex can always go back and ask for the court to require you to pay child support later based upon changed circumstances. So, there is no way to guarantee that you will not have to pay some amount of child support if you give your ex physical custody of the children.

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  • Child Support Garnishment Required?

    My husband and I currently separated and divorcing. We have agreed to an uncontested divorce. He is paying child support and an acceptable amount, I've never had an issue with him being on time. We are preparing our filing ourselves. My question i...

    Amber’s Answer

    In Madison County, you must enter an income withholding order, but it does not have to be served upon his employer right away. It can be held in the court's file until he becomes late in his obligation. Of course, this must be stated in your final order. Also, it sounds like you all are communicating well right now, but I would encourage you to keep very good records regarding payments made, credits given, and the like because if this matter ever returns to court for any reason these records are going to be necessary to prove what was paid when.

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  • I really want to know what are my rights and if he is obligated to help me start over financially?

    I relocated to mobile Alabama to marry my husband, we've been married 3 years. I recently found out about multiple affairs and a fiance and child in Africa. He asked me to quit my really good job to move here and be his wife. He has become verball...

    Amber’s Answer

    • Selected as best answer

    I am so sorry you are having to go through this very difficult time. I know this process has not been easy for you. Each judge is different and his or her view of alimony may also be different. You need to be prepared to prove the lifestyle you have become used to, your expenses, the way bills and other expenses have been paid during your marriage, his income, the income you had prior to the marriage, your education, employment prospects, and the like. You also need to store any evidence you have about the fiancé in a safe place because these things tend to go missing just at the moment you need them most. The process can be very overwhelming, and there is really no substitute for having a great family law attorney in your corner in these types of cases.

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  • What to do for daughter?

    My ex wife has custody of my daughter. I live in the same state 300 miles away. My daughter is 11 and wants to live with me to have a relationship with her siblings. She has changed schools 5 times. What can I do without going to court to modify c...

    Amber’s Answer

    Unfortunately, unless your ex agrees to the change of custody, you will have to go to court and ask the Court to change custody. The burden to change custody is very high; and as such, you should speak with an experienced family law attorney in our area to help you determine your likelihood of success.

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  • Can cellphone records be used in a divorce in Alabama

    Can text messages and cellphone records be used as evidence in a divorce case

    Amber’s Answer

    Yes, assuming that they are properly authenticated and obtained appropriately. You should speak with an attorney in your area as soon as possible regarding the exact procedures to obtain these records.. With text messages, it is virtually impossible to obtain the actual content of those text message from the cell phone provider. As such, you should preserve the text messages in the manner preferred by your attorney. He or she may want you take screen shots of the text messages or pictures of the text messages. Phones fail; so, don't rely on the messages being available on your phone forever.

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  • What is the easiest, cheapest way to get a divorce?

    We have been split up for three years now I have custody of our 3 yr old child. He is already on child support and there is nothing to fight over what is the cheapest way to get this divorce over with?

    Amber’s Answer

    Assuming you and your spouse agree on all the terms of the divorce, you should be able to obtain an uncontested divorce through an attorney for around the prices quoted in my colleague's answer. It is vital that you obtain appropriate legal advice from an attorney who regularly practices family law. Just because custody and support have been addressed in a separate court action, you should also incorporate those terms into your divorce action. I cannot tell you how many times I have had clients come to me to clean up the messes they have made trying to resolve these issues on their own. These clients end up spending at least twice if not four times as much as was quoted in my colleague's answer to correct the issues that could have been addressed for much less in a properly drafted uncontested divorce if both parties had at least had attorneys review the original agreement.

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  • Can Divorce Papers Be Rescinded in Alabama Once Signed?

    Can Divorce Papers Be Rescinded in Alabama Once Signed? granted may 14,2015

    Amber’s Answer

    Whether or not you can have your divorce set aside depends upon how long it has been since the order was entered. Generally, if it was entered less than 30 days ago, you can ask the Court to set it aside and dismiss the case. However, if it has been longer, you may just have to remarry one another. I suggest you talk to an attorney in your area who can assist you in determining whether or not you can set aside your prior decree.

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  • I live in AL. My 12 mts old daughter lives in ATL GA. I pay child support but it's not court ordered. I would like to

    bring my daughter to AL to visit for the weekend maybe once a month. Which is 100 miles from Atlanta. I have asked my daughter's mother but she says my daughter is too young right now. I have been in my daughter's life the entire first year she kn...

    Amber’s Answer

    A child is never too young to have a relationship with his or her father. How long has your child been living in Georgia? If she has been living in Georgia for more than six months, you will need to speak with a lawyer in Georgia regarding the actions you need to take to assert your parental rights. Each judge takes a slightly different approach to visitation with a child who is your daughter's age. Some will say the visitation needs to happen in the mother's home. Some will not have a problem with extended visits. Regardless, you need to meet with an attorney who can help you assert your parental rights and secure parenting time with your daughter.

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