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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
43 Questions Answered

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
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?
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?
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
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 .
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
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?
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. If the father is paying child support can the child's mother keep the dad from seeing child?
A: Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child support. If you go alone you are not going to end up with any ruling on custody or visitation and you are likely going to get railroaded on your child support obligation. You wouldn't walk into a hospital and do surgery on yourself don't walk into a courtroom without a lawyer.
Q. Can I legally obtain my children from a saftey plan still have my custody nor has judge told me i have lost my rights
A: It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether to involve the legal process. You mention a judge. If. your case is in the litigation process there is an Order in place and you need to follow that Order. In any event you should never take any action based upon what you read here or elsewhere. You should sit down and talk to a lawyer where all the facts can be evaluated and all options considered. Obviously your situation is deeper than the single sentence can cover.
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Contact & Map
The Oncale Firm
Birmingham
1 Chase Corporate Dr
#400
Birmingham, AL 35244
USA
Telephone: (205) 458-9805
The Oncale Firm
Huntsville
7027 Madison Pike
#108
Huntsville, AL 35806
USA
Telephone: (205) 458-9805