Divorce / Family Law

Family Law

A crisis within a family such as a divorce or a child-custody dispute can be the most stressful and heart-wrenching event any person or family can endure. Frequently, financial issues and support matters aggravate the anger and pain. The courts have a huge amount of discretion in dealing with these issues. WALDROP AND ASSOCIATES is able to present these complicated issues to the courts in the best possible light so that their clients can move forward with their lives in a satisfactory manner after the proceedings.

Family law is the term applied to the laws and rules developed regarding family relationships. WALDROP AND ASSOCIATES assist in all areas of Family Law including marriage, divorce, child custody and visitation, child support, spousal support, alimony, adoption and paternity actions.

Divorce

For most people, a contested divorce is the most difficult and life-changing event they will ever have to endure. At WALDROP AND ASSOCIATES, we understand the difficulties and challenges involved in divorce and other family law disputes. We will listen to your concerns and answer your questions.  Divorce involves financial matters that must be resolved and legal issues that must be addressed. The process legally divides marital assets and debts and determines the care and custody of the children.

In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases a post-marriage financial arrangement and the care and custody of their children cannot be worked out between the parties. These are known as “contested divorces.”  Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a family law attorney may be able to impact the ultimate result favorably. WALDROP AND ASSOCIATES can help you to understand the basic issues involved in divorce and to use a rational approach to both uncontested and contested divorce process.

Child custody and visitation

Child custody and visitation decisions are usually the most important aspects of a divorce proceeding or paternity case. We encourage clients to resolve custody and visitation matters through negotiation and mediation. Only through reaching a voluntary agreement can clients be a part of the decision making process. If the parties cannot agree, custody and visitation will be determined by the court and the parties will have to live with it whether it works for them or not. When an agreement cannot be reached, we will present issues and arguments relating to child custody and visitation to the Court to promote an outcome that meets the best interests of our clients and their children. WALDROP AND ASSOCIATES strives to help clients determine custody and visitation schedules that are in the best interests of the children and serve our clients' needs.

Existing child custody and visitation orders may be modified at any time, so long as the parent who wishes to modify the order can prove a material change in circumstance and that the modification will be in the child’s best interest. Child custody and visitation rights may be changed by either parent, but the court has the ultimate decision as to whether the child's best interests are being served.

Arrangements made when the child is an infant may not be appropriate when the child is older. Job schedule changes or relocation complicates an existing arrangement; this may constitute a change warranting a modification.

Custody and visitation rights may be taken away should a parent exhibit behavior that threatens a child's safety or well-being. We are committed to protecting the best interests of children by keeping them safe from harmful situations.

Child Support

Each state has developed guidelines that help establish the amount of child support that must be paid. The guidelines vary significantly from state to state, but they are all generally based on the parents' incomes and expenses and the needs of the children.

There are a number of important issues that must be determined in the calculation of child support. Our firm can assist you in assessing the following factors (and others that may apply), determining how they affect the calculation of child support:

• Income of both parties
• Needs of the child or children, including daycare expenses and educational cost
• Parental contact and access schedule
• Health insurance and medical and dental expenses
• Special needs of the children

The amount of child support being paid belongs to the child or children. Parents do not have the right to waive it on behalf of the children.  However, the non-custodial parent cannot designate how the custodial parent will spend the child support.

Parents must financially support their children. That obligation usually lasts until the child reaches the age of majority which is 19 in the State of Alabama or the child becomes emancipated. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. A parent who fails to remain current on his or her child support obligations faces significant penalties.

Child Support Modification

The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable.

When there is no voluntary agreement, the party seeking the change may request a court hearing.  Each side will present, usually through counsel, the reasons supporting and opposing the modification. The court usually will not grant the request unless there has been some fairly significant change in circumstances that justifies the change, such as a significant increase in either parent's income through a promotion or job change or a substantial change in the needs of the child.

Alimony and Spousal Support

Spousal support or alimony is often awarded in cases in which one spouse has put his or her education or career on hold in order to raise the parties' children while the other climbed the career ladder and achieved a higher income. In such cases, the alimony will often be temporary, providing income for the period of time that will enable the recipient spouse to become self-supporting. Temporary alimony may be awarded to the spouse with a lesser earning capacity for the duration of the divorce proceedings. This money is typically used to cover living expenses and costs during divorce mediation or litigation.

Rehabilitative alimony enables the spouse receiving it to further his or her education, reestablish him or herself in a former career, or complete childrearing responsibilities, after which time he or she can be self-sufficient. In some situations the support award may be permanent If one spouse is unable to get a job paying a sufficient wage, certain health situations or advanced age.

The amount and duration of alimony depends on several factors, including:

• The length of the marriage;
• The age and the health of each spouse;
• The ability of each spouse to be self-supporting;
• The cause of the breakdown of the marriage;
• The income of the primary breadwinner; and
• Standard of living during the marriage.

Family Law Resource Links

American Bar Association - Family Law Section

The ABA's Section of Family Law's Web site is designed for general use by the public. The Web site contains tables and summaries addressing differences in state laws and requirements for divorce, child support, and other important family law issues.

The Legal Information Institute - Family Law

The Legal Information Institute (LII) is known internationally as a leading provider of public legal information. The LII's Family Law section contains statutes, case law, and articles covering a variety of family law topics.

Office of Child Support Enforcement

The Office of Child Support Enforcement (OCSE) is the division of the Administration for Children and Families (ACF) responsible for administering the Child Support Enforcement Program (CSE). The CSE is a federal/state/local partnership to help families by promoting family self-sufficiency and child well-being. The CSE offers services related to locating non-custodial parents, establishing paternity, establishing support orders, and collecting support payments. The CSE also offers services for non-custodial parents.

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Practicing in courthouses for all Alabama county seats including: Tuscumbia, Athens, Huntsville, Scottsboro, Fort Payne, Guntersville, Decatur, Moulton, Russellville, Hamilton, Double Springs, Cullman, Oneonta, Gadsden, Centre, Lafayette, Ashville, Jasper, Fayette, Vernon, Birmingham, Heflin, Carrolton, Tuscaloosa, Columbiana, Centreville, Clanton, Talladega, Wedowee, Ashland, Eutaw, Greensboro, Marion, Clanton, Prattville, Wetumpka, Opelika, Livingston, Selma, Montgomery, Tuskegee, Phenix City, Butler, Linden, Camden, Hayneville, Union Springs, Clayton, Grove Hill, Luverne, Troy, Chatom, Evergreen, Andalusia, Elba, Ozark, Abbeville, Dothan, Geneva, Brewton, Bay Minette, Mobile, Anniston, Rockford, Monroeville

Rule 7.2(e) of the Rule of Professional Conduct of the Alabama State Bar requires the following:
"No representation is made that the quality of legal service preformed is greater than the quality of legal services by other lawyers."