Legal Question in Family Law in Alabama

Shelby co Alabama I file Affidavit of Substantial Hardship (along with my request of change custody form and petition for support agreement/order). I make 30K year before tax and I am remarried (she does not work) and we have 5 children living with us. with simple BASIC living expenses I am short $ every month BUT I was denied as not being "indigent”???? WHAT does it take? Now my ex wife has filed a requested to leave the state with our youngest son!

can I file a new Affidavit of Substantial Hardship (along with my response to her request to relocate out of state? I have asked for help from the bar and from free legal help with out even as much as a reply back from them? Can I appeal the judges decision of not being "indigent" to get a reconsideration? does anyone know what is the max $ to qualify? I am FAR below the poverty level and yet I can not get anything it seems. I feel it is because I am a male!

Asked on 4/21/11, 11:12 am

1 Answer from Attorneys

Randal Ford Ford Firm

You are not indigent because you are not broke. You basically have to be unemployed. You have income. You could appeal but suspect you will lose AND you will have to pay for the appeal.

*** The affidavit of Substantial Hardship is used to keep you from having to pay the FILING FEES for going to court - it DOES NOT GET YOU A FREE LAWYER IN A DOMESTIC RELATIONS CASE IN THIS STATE.

If you want to do something then suck it up and hire a local lawyer in Columbiana so you don't have to pay "drive time".

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Answered on 5/14/11, 9:32 am

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