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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
Tennessee
Languages
  • English: Spoken, Written
Professional Experience
Current
Alabama State Bar
Current
Education
Cumberland School of Law, Samford University
J.D.
Professional Associations
Alabama State Bar
Member
Current
Legal Answers
35 Questions Answered

Q. Can the mother stop the child support at anytime ?will the father still be liable for arrears and interest?
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.
Q. Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?
A: Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney as soon as possible to address this issue.
Q. My child is 14 and now lives with me. What do I need to do to stop court ordered child support.
A: You have to go back to the court that originally awarded custody and child support and modify both. You can't just flip custody between yourselves. The court has to sign off on what is in the best interest of the child. You do not immediately stop owing child support just because the child is living with you either. The court does not have the authority to forgive any child support that accrued before a filing is made with the court. You need to file as soon as possible and keep paying child support until you do to avoid contempt.
Q. Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?
A: You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck down as unconstitutional as it provided a benefit to children of divorce not afforded to children with parent who remained married. The court will still enforce written agreements as any other contract but do not have authority to order post secondary support absent such an agreement
Q. My partner took our daughter from our home and moved her to her grandparents with him in another county is this legal
A: You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior rights to the other so "possession" of the child tends to rule the day. Technically, if all that exists is a name of the birth certificate and an affidavit of paternity signed at the hospital, there is only a presumption of paternity for the father and not an actual finding of paternity by a court. In some jurisdictions law enforcement will return the child to the custody of the mother if there is no clear finding of paternity by a court. I believe this to be correct legally. However in many other jurisdictions law enforcement will not get involved in custody and will tell the parties it is a civil matter and they need to seek attorneys and go to court. Regardless, I assure you with what is going on in your case you need to get into court as soon as possible to establish custody, visitation and likely child support for your own good and for the good of your child.
Q. Can a lawyer order me NOT to take my medication while I have my kids. Antidepressant, heart , blood , & anxiety meds?
A: A "lawyer" can't order you to do anything. Only a judge could enter an Order.
Q. I have a child that is 14 that lives with mother but i was told he takes care of himself and she is never home.
A: You can file a petition seeking custody (but you better have your proof lined up first). You can notify DHR and let them open an investigation.
Q. My husband abandoned me and my two children seven years ago, can I file for spousal support and child support? How?
A: If your husband has been gone that long you need to file for divorce and in that petition seek alimony and child support. If your children are under the age of 19 and in your care you can still get child support. Depending on the jurisdiction some judges will let you reach back up to 2 years for past child support others will only allow child support from the date of filing forward (this is in the discretion of the trial court). Your alimony claim may also be weakened by the fact that your husband has not supported you in 7 years. Whatever attorney you retain can better discuss these issues with you but you need to seek child support now. If for some reason you do not want a divorce set up a meeting with DHR to discuss getting child support. Every day you wait is another day you will not likely ever get chid support.
Q. What motions should I file to get my son back asap?
A: First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can really do on your own and like most that ask questions on here I suspect you know that is true. Consult an attorney as soon as possible. It sounds as if this situation has gone on too long already. To say the Family Court system in Jefferson County is slow would be an understatement. The longer you wait to take action the longer is is going to take to get any resolution. Time is never in favor of the party seeking relief in Family Court.
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Contact & Map
The Oncale Firm
Huntsville
7027 Madison Pike
#108
Huntsville, AL 35806
USA
Telephone: (205) 458-9805
The Oncale Firm
Birmingham
1 Chase Corporate Dr
#400
Birmingham, AL 35244
USA
Telephone: (205) 458-9805