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.

Cumberland School of Law, Samford University

J.D.

The Oncale Firm

Current

Alabama State Bar

Current

Alabama State Bar

Member

Current

Alabama

Tennessee

Since 1994

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

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Domestic Violence

Domestic Violence Restraining Orders, Victims Rights , Victims Rights

Q. Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?

13 February 2021

A: You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that causes you to be unable to pay the amount in full you MUST GO TO COURT IMMEDIATELY to adjust the amount. Even if it takes months or years to get a court date the Judge has the authority to forgive payments back to the day you file. The judge CANNOT make adjustments to any child support payments that came due before your sought relief...again CANNOT regardless of the reason. The example I often use is "What if I was in a comma. Could not pay. Could not file and ask for relief." The answer is well, tough. Sad but true and they don't tell you that when you are put on child support. No matter how valid your excuse or how much the judge believes you and wants to help you they can't. With all the discretion that is given a trail court judge, a reduction fo child support before relief is sought is not within that discretion. Even lawyers that do not practice are astounded that this is the law. Second, you can't go to jail for being unable to pay child support. That would be debtor prison and fortunately debtors prison is no longer part of our society. The definition of unable however is up for debate and that is what you will find yourself arguing when you are before a judge. I always advise my client to pay what they can when they can even if that is but a fraction of what is owed or even $1. It is easier to make the argument that someone was unable to pay but payed what they could when something has been paid than when nothing at all has been paid. Regardless the burden is on the party receiving the support to prove that you were able to pay and did not.

Q. I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

18 November 2020

A: You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

Q. How can I make my husband pay me while going through a divorce? He recently put me out of the house and filed.

18 November 2020

A: There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get before a judge. Most judges will not appreciate the things he has already done and judge him accordingly but the judge may never know if you do not get a lawyer. Please look at hiring an attorney as soon as possible.