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Shane Michael Oncale

Shane Michael Oncale

The Oncale Firm
  • Divorce, Family Law, Domestic Violence
  • Alabama, Tennessee
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Summary

I pride myself in giving personal attention to my clients. Our firm represents individuals in the middle of a divorce or other family law crisis. In most cases, our clients will be faced with difficult issues that have a very real personal impact beyond the simple legal analysis. Most will be facing such issues and the law for the first time in their lives. Fear, confusion and uncertainly are rampant. We try to provide a safe haven and a place for sound advice handed out with patience, personal attention and compassion. If we can help you through the many issues involved in a divorce or family crisis, please do not hessitate to call on us. The first consultation is always free and you will speak with an actuall attorney for that consultaion and not merely a member of our staff.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
Fees
  • Free Consultation
    including free consultations by phone
  • Credit Cards Accepted
    Visa and Mastercard
Jurisdictions Admitted to Practice
Alabama
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Tennessee
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Languages
  • English: Spoken, Written
Professional Experience
The Oncale Firm
Current
Alabama State Bar
Current
Education
Cumberland School of Law, Samford University
J.D.
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Professional Associations
Alabama State Bar
Member
Current
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Websites & Blogs
Website
Shane M. Oncale's Website Profile
Website
The Oncale Firm Website
Blog
Birmingham Divorce Lawyer Blog
Legal Answers
57 Questions Answered

Q. My wife is filing for divorce and we have a 5 yr old, we both have agreed on joint custody with no child support.
A: Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her motives are bad but you are definitely going to end up paying child support unless you seek custody (true shared or otherwise) of your child. You need to at least use tax returns or bank account deposits to get an estimate of her actually earnings and then sit down with an attorney and see how child support calculates out. From there you will know whether what she is asking you to pay is a "good deal" or not. Child support is not an emotional calculation but a mathematical one. If you don't know the mathematical calculation for what a court would likely have you pay you do not know whether what she is offering is fair or not.
Q. My fam in NJ is trying to keep my daughter that’s visiting. I said no, now they’re claiming child abuse. What can I do?
A: Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the child to you. You could also get a writ filed here in Alabama and if it is issued seek to enforce it in NJ. Unfortunately with the child in NJ you are going to have to get someone involved in NJ if you cannot gain physical custody of the child on your own. Again unless they have an Order to the contrary you can simply go to where the child is and take her with you.
Q. Wife Closed Bank Acct Where Pmt Was Sent
A: Your instinct on this is absolutely correct. It is up to her to keep her banking information current with Alabama Child Support Collection. They can also send her a debit card that does not use her bank or a check and she can then do what she wants with the check. You can pay direct if you choose but then you have to keep track of the payments made and be diligent to respond should you ever be contacted by the Collections Unit. I have had many situations develop where someone will start paying direct and then a year or more later be contacted by collections and not respond thinking it is a mistake. Collections moves forward with assessing an arrearage and next thing you know there is a garnishment or tax refund seizure when money is not even owed. I would continue to pay through collections and let her deal with them on how she wants to obtain the money. I am sorry the children may suffer.
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Contact & Map
The Oncale Firm
Birmingham
1 Chase Corporate Dr
#400
Birmingham, AL 35244
Telephone: (205) 458-9805
The Oncale Firm
Huntsville
7027 Madison Pike
#108
Huntsville, AL 35806
Telephone: (205) 458-9805