Alabama Contested Divorce/Child custody/Relocation
Father filed for divorce in Jefferson County, Alabama and obtain a restraining order based on allegations that the mother had made threats of leaving the county with the minor child. Hearing held on restraining order and other temporary issues. Temporary custody of the minor child awarded to the mother as primary care giver with visitation to the father. Father ordered to pay child support and alimony based on needs of mother. Passport for minor child to be held by the father with no international travel by minor child pending final hearing.
Custody Modification based on Relocation
Mother awarded primary physical custody in the original divorce. Mother intends to relocate with minor children based on job opportunity in a neighboring state and gives proper notice pursuant to Alabama Relocation Act. Father files objection and seeks to modify custody. Mother files counterclaim seeking modification of visitation provisions and seeking to hold father in contempt for nonpayment of his portion of medical co-pays and extracurricular activities. Mother allowed to relocate and maintain primary physical custody. Visitation provisions modified with mother to bear responsibility for returning the minor children to father’s home for visitation. Also modified to allow 2 weekends per month visitation to father down from 3 but with provision allowing father visitation for the entire summer break subject to extracurricular obligations. Arrearage found on past due provisions. No attorney fees awarded although requested by both parties.
Contested Divorce with children
Parties married 25 years with 3 children, assets including military retirement, Thrift Savings Plan, Survivor’s Benefit Program and adultery. Wife awarded custody of children, child support based on all components of military pay, including BAH, BAS and hazard pay. Wife awarded 50% of accrued military retirement benefits with saving clause protecting defeat of retirement benefits through the use of disability award. Wife awarded 50% of Thrift Savings Plan and husband required to list wife as recipient of Survivors Benefit Plan as well as maintain wife as beneficiary on life insurance.
Contested Divorce with children
Parties married 15 year with 2 children. Emotional abuse and adultery. Settlement reached with mother having custody of minor children and getting possession of the marital home, contents and all equity in the home. Husband to maintain insurance and pay 50% of uncovered medical. Alimony of $1,000 per month and child support of $1,876 per month. Husband to have standard visitation.
Parties married for 35 years with substantial assets and grown children able to resolve all of their disputes amicably including division of substantial retirement benefits, 2 homes, family pets and furniture. Total cost $1,500.
Collaborative Divorce/Divorce Mediation
Parties married 22 years with 3 children, substantial assets, retirement benefits, inheritance and other complex personal and financial issues. Parties agree to a collaborative process in which they agree and instruct the attorneys involved to help them settle their differences amicably, without going to court and without aggressive litigation, accusations or threats. Parties agree that their desire for an amicable settlement that does not destroy their family is paramount goal over gaining financial advantage in the split. Financial advisors and child psychologists and counselors for both parties involved in the process which consists of a series of joint and individual meetings eventually leading to a negotiated settlement that preserved the relationships that remained between the parties and their children. Later this year the first child will be wed and the parties and the child will be able to enjoy the wedding and surrounding activities without animosity or discomfort having worked through not just the financial issues that arose from the breakup of the marriage, but, the emotional issues that resulted in the failure of the marriage in the first place.
Child Support Modification
Father suffered a decrease in income due to a downturn in the economy. This condition persisted for more than a year during which he depleted saving to pay child support. Modification granted with a lowered child support amount.
Child support modification
Father alleged a decrease in income due to a job change. Income dropped from $65,000 to $35,000. Father claimed job environment made his employment at previous job unsustainable. Discovery revealed that a work place affair led to the father’s forced resignation. No effort was made to seek similar employment but instead father took job with less responsibility and stress which left his evenings and weekends free. Modification denied.
Father sought custody of 2 minor children when mother charged with felony drug possession. Father was active in children’s life and had sought custody in initial case only to latter settle for extended visitation. Father often paid more than just child support and had the children in his custody almost 50% of the time even before the arrest. Agreement reached with primary physical custody going to the father.
Father sought custody of minor children after mother relocated with her new husband out of state. Father had a history of not paying child support on time and was behind in child support at the time of filling his action. He also had an inconsistent history of exercising visitation with the minor children. Many of his weekends the children spent time with his parents (the grandparents) rather than with him and he never used all of his available summer vacation. He never paid or offered to pay for anything that was not specifically spelled out in the original custody agreement. Relocation was less than 6 hours away and the reason was for a better job opportunity for the mother’s new husband. Custody remained with the mother. Relocation allowed.