Tax season is upon us, and that is the time of year that a lot of parents take an inventory of their complete financial picture. Is it time to consider a recalculation of child support? Child Support: What Parents Need to Know is latest installment of my online video blog series, and it contains an overview of the various factors which affect child support.
Today, the Alabama Supreme Court has issued an opinion in the case of Ex Parte Christopher, which overturns the landmark case of Ex Parte Bayliss. Bayliss is the case which gave Alabama Courts the authority to order parents to pay post-minority support and contribute to college expenses for their children after they reach the age of majority. Under Alabama law, the age of majority is nineteen (19).
If you are already under a court-ordered obligation to pay post-minority support for the benefit of your child, this decision will not effect you as the Court has stated its opinion overruling Bayliss is only applicable in future cases. If no final order has been entered in your case or it is on appeal, then the decision does apply to you. Parents are still free, of course, to voluntarily agree to pay such expenses.
Below is a testimonial which I received from a client, whom I recently represented on a divorce and custody case. This is posted anonymously and with the client’s permission, of course!
After 2 years of an increasing decline in communication between my wife and I, it became clear to me that a divorce was inevitable. We were married for 7+ years and had 2 children together. I truly believed that our children were much better off in my primary care. I realized that I no longer could speak for myself against her and that I needed solid representation in order to litigate my situation in a court. I chose wisely. Ms. Herlihy is truly a professional. She listened to my concerns for both myself and my children, assisted in formulating the best possible approach to achieve my goals, did extensive research in order to prepare both of us for our objective, and ultimately sat by my side for what was the worst day of my life to date. She had me completely prepared, produced every fact and presented them with perfect legal standard, and ultimately dismantled all testimony against me. I am forever thankful for what she has done for me and my family. In the matter of divorce or child custody, there is no other choice than Alison Herlihy.
Alison Baxter Herlihy is teaching a continuing education course at the University of South Alabama in Mobile, Alabama, entitled Grandparents’ Legal Rights in Alabama. This class is being taught on Thursday, April 5, 2012 from 6:00 to 8:00 pm. It is designed as a community-oriented course to provide general knowledge to the layperson on the basics of how Alabama law addresses such family law issues as visitation, custody, and adoption for grandparents. For more information or to enroll in this course, go to www.usacontinuinged.com or call (251) 405-9928.
The United States Supreme Court is hearing the case of Michael Turner from South Carolina. Turner was jailed for 12 months for failure to pay $6,000.00 in child support arrearage which he owed. Turner was described as indigent; howver, South Carolina is one of many states, as is Alabama, that does not appoint counsel for indigent Defendants in non-payment of child support actions.
Turner is being represented by a group of pro bono lawyers who have argued that his Sixth Amendment Right to counsel was violated, and that his lengthy incarceration is the equivalent of debtor’s prison. The central legal issue in this case is whether and in what circumstances the state may deprive an individual of his liberty without providing him a lawyer.
Non-payment of child support is generally an issue of civil, as opposed to criminal, contempt, meaning that the Defendant “holds the keys” to his or her jail cell and can become free by making the necessary payment. This position is what Turner’s ex-wife’s attorneys have argued in support of their position that Turner is not entitled to legal counsel in such a proceeding.
The court is expected to render a decision by Summer 2011. The far-reaching effects of this Supreme Court jurisprudence will be interesting to see unfold, as Alabama is currently in a budgetary crisis and experiencing shortfalls in funding regarding the indigent defense that we currently have in place.