Shane Michael Oncale

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.

• Divorce
• Family Law
• Domestic Violence

• Free Consultation
  including free consultations by phone
• Credit Cards Accepted
  Visa and Mastercard

Alabama

Tennessee

Since 1994

The Oncale Firm

Current

Alabama State Bar

Current

Cumberland School of Law, Samford University

J.D.

Alabama State Bar

Member

Current

Q. My x-husband stopped paying child support when our son was 15. He is now 25. Can I still get that child support?

9 July 2019

A: Contact DHR in your jurisdiction. If a child support order was in place and he has not paid then he will owes and a judgment can be entered against him and collection activity commenced.

Q. Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

20 June 2019

A: The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step father. Consult an attorney about how to proceed immediately. Any day the father could call or pay child support and end the abandonment so time is of the essence.

Q. My son and ex-daughter-in -law have been divorced 4 yrs. She was ordered to pay child support and has never paid a penny

3 May 2019

A: I agree with what is set forth below. I will also note that she will owe the back child support (the amount she has not paid) plus interest. This is definitely worth seeking the services of an attorney to pursue. In many jurisdiction, if it can be proven that she had income and just choose not to pay her obligation, she may also face some jail time. This is a serious matter.

Q. Can a 17 year old go live with mom who has visitation rights? the dad has physical custody. And not be made to go back?

25 April 2019

A: Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.

Q. My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

2 April 2019

A: In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the issue of who is the "primary care giver" is an important one and with the child out of your custody the mother will definitely be able to establish that fact in her favor. A delay can be costly. Seek legal assistance and move forward as quickly as possible.

Q. I have two children with my ex husband; one of whom is soon to be 19. My ex has already expressed his intention of

29 March 2019

A: If he half his child support he will be in contempt of court. Wait for him to half his payment a couple of times and then file a petition for contempt and to recalculate child support. The Alabama child support case law that allowed for post secondary support was struck down as unconstitutional. When the oldest child turns 19 child support will end altogether and what if anything the father does for the child while seeking post secondary education will be up to him.

Q. Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

25 March 2019

A: The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where you will have again show proof of income just as she will and the calculation be redone. In fact, even if the mother agreed to take x amount the attorney doing the paperwork for you will have to get you to sign income affidavits showing your income and file a CS 42 showing the correct calculation for the remaining. child. If you vary from the calculated amount then you both will have to sign a document explaining why there is a variance. Your 2 options really are go back to court and recalculate or just keep paying what you are and hope she does not decide to take you back to recalculate. To help make that decision, if you know her income, you should retain a lawyer to do the calculation for you so you know whether you will come out better or worse and to what degree.

Q. My ex husband claims he moved into an apartment but is unwilling to show me either: time stamped photos of the

25 March 2019

A: The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are certainly other provisions in your agreement/order that have to do with you being kept abreast of his current address etc. Generally you will not be required to send the child with him without any idea where the child could be located if necessary. Now once he does give you a permanent address then it is up to you to do whatever investigation you want to find out who else is there etc. You cannot depend on him to tell you nor can you withhold visitation on the basis that he won't tell you or you are unsure. Right now you appear relatively certain that he does not have a place to stay or that he will not disclose to you where he is living. I think you are on solid grounds denying overnight visitation with that being the case but it won't last for long. If he is unstable you need to go back to court to address that fact and let the court instruct you on what to do rather than risking contempt on a case by case basis.

Q. Can the mother stop the child support at anytime ?will the father still be liable for arrears and interest?

21 March 2019

A: Only a court with proper jurisdiction can make any change to child support. No court has the ability even if good cause is shown to forgive child support once the time for its payment has passed. If the payor of child support is in an accident and slips into a coma for a year child support will continue to accrue during that year and if when he is out of the hospital he files a petition with the court to forgive that child support the court will have no authority to do so. You must return to court if you want child support to stop running on you.