Richard E. Mather Attorney at Law Richard E. Mather Attorney at Law2026-06-08T16:51:14Zhttps://www.richardmather.com/feed/atom/WordPress/wp-content/uploads/sites/1605161/2025/09/cropped-favicon-richard-mather-x-1-32x32.jpgOn Behalf of Richard E. Mather Attorney at Law<![CDATA[Do Alabama spouses split property evenly when they divorce?]]>https://www.richardmather.com/?p=488732026-05-14T18:28:49Z2026-05-14T18:28:49ZEven splits are not the Alabama standard
A 50/50 or even split of marital property may be the outcome of negotiations between spouses. Divorcing couples can set their own terms through mutual agreement or defer to a prenuptial agreement that requires an even split of their assets to avoid divorce litigation.
Additionally, those litigating property division matters in community property states might need to divide their assets and debts evenly. Alabama is not a community property state. Instead, the law requires the equitable division of the marital estate.
Couples can reach their own arrangements based on what they believe is fair. They can also ask a judge to evaluate property disclosures and marital circumstances to decide what is equitable. Judges consider many factors when they must settle disputes about property division.
It is common for one spouse to receive more marital property or to have responsibility for more marital debt than the other. Factors including earning potential, paid and unpaid contributions to the marital estate, the length of the marriage and even custody arrangements can guide what a judge believes is fair for the purposes of property division.
Those preparing for divorce often obtain the best long-term outcomes by reviewing their marital estate in advance, discussing their long-term priorities with an attorney and setting clear goals before they begin negotiating or building a case for family court. Consulting an attorney can help people understand the Alabama approach to property division and how to protect themselves during a divorce.]]>On Behalf of Richard E. Mather Attorney at Law<![CDATA[3 key matters to address in a prenuptial agreement]]>https://www.richardmather.com/?p=488722026-04-17T19:52:04Z2026-04-17T19:52:04Z1. The preservation of separate property
Under current state property division statutes, it is standard for spouses to divide the property that they acquired during marriage. Any income earned while married and property acquired with that income is potentially subject to division.
Spouses can sometimes claim assets owned before marriage, gifts from outside parties or inherited property as their separate assets in a divorce. Prenups can identify separate property and reinforce their legal protection.
2. Guidelines for asset division
Perhaps one person intends to offer far more capital for the purchase of a primary residence than the other. They can agree to terms that reflect that upfront contribution to home equity in a prenup.
They can then factor that amount into the final division of equity if they ever divorce. Agreeing to specific standards for how to address and value assets in the event of a divorce can limit opportunities for conflict.
3. Expectations for alimony
Alimony, also known as spousal support, is a form of financial support provided to make the outcome of a divorce as fair as possible. Couples can make arrangements in advance regarding circumstances that might warrant a specific amount of alimony, such as leaving a job to care for their children.
Spouses may also sometimes include provisions limiting alimony in certain scenarios, although it is typically not enforceable to completely waive that right. It is also worth noting that parents do not have the legal right to forgo child support as part of a prenup. Child support is an obligation due to the children, which means a person cannot waive child support obligations in a marital contract.
Exploring personal vulnerability with a legal professional can help newly engaged individuals identify terms that they should prioritize in a prenuptial agreement. Experienced legal guidance can help ensure the agreement is balanced and legally valid.]]>On Behalf of Richard E. Mather Attorney at Law<![CDATA[5 FAQs about the new Alabama child support guidelines in 2026]]>https://www.richardmather.com/?p=488682026-02-16T15:23:10Z2026-02-16T15:23:10ZAlabama's child support system is changing in 2026, and you probably have questions about how these updates will affect your monthly payments. The new guidelines alter calculation methods, income considerations and expense allocations in ways that could significantly impact your financial obligations.
Here are the five most common questions regarding these changes.
1. How does the 2026 update change the Income Shares Model?
The 2026 updates mainly adjust the "Schedule of Basic Child Support Obligations." This schedule is a table that shows the base amount of support needed for a child at different income levels. Because the cost of raising a child has increased, the starting numbers in the formula have also shifted.While some payments may increase to match higher living costs, others might stay the same. The court looks at the combined gross income of both parents to find the new base amount. It then divides this cost between you and the other party based on your share of the total income.
2. What is the Self-Support Reserve (SSR)?
The Self-Support Reserve (SSR) protects the ability of the paying parent to maintain a minimum standard of living. The court recognizes that a parent cannot pay support if they cannot afford their own basic needs.The 2026 guidelines adjust the SSR to align with current poverty levels. If the calculated support would leave the paying parent with too little income for survival, the system triggers an adjustment.
3. How do shared custody rules work now?
The 2026 guidelines provide more clarity for parents who share time equally. Traditional rules often assumed one parent had the child most of the time. Now, the calculator requires a specific count of overnights or days spent with each parent.If you meet the requirements for shared physical custody, the formula shifts. It accounts for the fact that both parents provide a home, utilities and food directly. This often leads to a lower cash payment between parents because both are paying for the child's daily needs.
4. Can parents get credit for health insurance and childcare?
Yes, the 2026 rules continue to offer credits for these major expenses. The parent who pays the health insurance premium for the child receives a credit in the calculation. However, you must prove the exact cost for the child specifically, rather than the whole family plan.Work-related childcare also counts, including daycare or after-school programs that allow you to work. The court requires strict documentation for these costs. If the court finds the childcare price is too high compared to local averages, they may cap the amount used in the formula.
5. Will child support amount change automatically?
A new formula or a new year does not automatically change a court order. To change the amount, a parent must file a Petition to Modify with the court.Alabama law generally allows a modification if the new calculation differs from your current one by 10% or more. This 10% difference counts as a "material change in circumstances." You must provide updated tax returns and pay stubs to prove your current income levels.
Protect your interests
Child support calculations involve more than plugging numbers into an online calculator. Alabama law includes numerous exceptions, credits and discretionary factors that require legal experience to apply correctly. Securing legal help is often advantageous if you wish to review your situation and protect your financial rights under the new 2026 guidelines.]]>On Behalf of Richard E. Mather Attorney at Law<![CDATA[4 insurance company tactics to kill your car accident claim]]>https://www.richardmather.com/?p=488592025-10-16T19:29:48Z2025-10-16T19:29:48ZThe low-ball offer
Adjusters often call you immediately with a small, fast settlement offer. They want you to sign a release before you know the full cost of your injuries. This offer ignores future medical bills, lost wages and pain and suffering. The insurance company hopes you feel desperate and take the first check.
Hunting for your medical history
The adjuster will immediately request a blanket medical release form. This form allows them access to all your past health records. They want records even for conditions unrelated to your wreck. Their goal is to find a pre-existing condition and argue that it, not the accident, caused your current pain.
Tricking you into admitting fault
This tactic is their most potent weapon in Alabama. Adjusters ask leading or seemingly casual questions to make you admit partial responsibility, such as:
"Were you distracted by your phone?"
"What could you have done differently to avoid the wreck?"
Alabama operates under the strict contributory negligence law, where proof that you were even 1% at fault generally bars recovery of damages; however, exceptions exist for cases involving a defendant's “willful or wanton conduct.” Refusing to answer their questions is critical to protecting your claim.
The endless delay
Adjusters often employ stalling tactics to prolong the entire process. They may ignore your phone calls, request unnecessary documents repeatedly or put your claim file “under review.” They hope you become financially desperate and accept a significantly lower settlement.
They also hope you miss the strict filing deadline, known as the statute of limitations, which is generally two years from the date of injury for most personal injury lawsuits in Alabama, but may be significantly shorter (e.g., six months for claims against a municipality) or subject to other exceptions.
Why contact a lawyer?
Insurance company adjusters are highly trained negotiators protecting the corporate bottom line. Skilled car accident lawyers understand that all these tactics—from quick low-ball offers to exploiting Alabama’s contributory negligence law—are designed to defeat your claim and deny you compensation and justice.
Do not fight this battle alone. If you've been injured in an accident, it’s crucial to contact an experienced lawyer who can fight on your behalf against the insurance company.]]>On Behalf of Richard E. Mather Attorney at Law<![CDATA[An uninsured driver hit you in Alabama. Now what?]]>https://www.richardmather.com/?p=488582025-10-15T11:34:01Z2025-10-15T11:34:01ZHow uninsured motorist coverage works for you
In Alabama, every auto insurance policy must include UM/UIM coverage unless you specifically reject it in writing. This coverage acts as a safety net, allowing you to file a claim with your own insurance company after an accident with an uninsured driver. It can help pay for expenses that result from the collision. These damages often include:
Medical bills
Future medical treatment
Lost wages
Pain and suffering
Essentially, your insurance provider steps into the shoes of the at-fault driver’s absent insurance company.
Critical steps to protect your claim
Even though the crash was not your fault, you must take immediate action to protect your right to recovery. The moments after an accident with an uninsured driver are critical for building a strong claim. Your focus should be to:
Gather the other driver’s name and contact information.
Document the scene with photos of the vehicles and your injuries.
Notify your own insurance company about the accident promptly.
Following these steps provides the documentation needed to move forward with a UM claim.
Navigating your claim with your insurer
You might assume filing a claim with your own insurer would be simple, but it is important to remember that they are still a business. To protect their bottom line, your provider will treat your UM claim with scrutiny. They will investigate the accident and may question the severity of your injuries or the value of your claimed losses.
Securing fair compensation requires a clear understanding of your policy and your rights. An attorney can advocate for your best interests and guide you through the claims process.]]>On Behalf of Richard E. Mather Attorney at Law<![CDATA[What to expect during the car accident claim process in Alabama]]>https://www.richardmather.com/?p=487012025-07-10T19:40:25Z2025-07-10T19:40:25ZEven if the crash wasn't your fault, the insurance company won't make things easy. If you're injured, the steps you take next can shape your entire case. This quick guide walks you through Alabama's claims process and shows you where delays or missteps could cost you compensation.
Report the accident and gather evidence
Right after the crash, you need to call the police, take clear photos of the scene and get names and contact details from anyone who saw what happened – because in Alabama, proving fault is your responsibility, and early evidence can make or break your claim. If the police report doesn't back your version of events, or you don't have photos showing damage or road conditions, the other driver's insurer can twist the facts.
Notify your insurance, but don't overshare
You will need to report the accident to your insurer right away, but that doesn't mean you should tell them everything. So make sure to stick to the facts, avoid recorded statements and never admit fault, even if the adjuster sounds helpful. Anything you say could affect how much they offer or whether they fight your claim.
Understand how insurance investigations work
The other driver's insurer will move fast to start their investigation, not because they care about fairness, but because they want to find reasons to shift blame. And under Alabama's contributory negligence rule, even a small mistake on your part could block your compensation entirely. They might say you changed lanes too quickly, didn't brake fast enough or didn't see the other driver – all to protect their bottom line.
Negotiate the first settlement offer carefully
Don't expect the first offer to cover everything you've lost – it usually won't – and once you accept it, you give up the right to ask for more, even if your injuries get worse. Before you sign anything, you need to know the full cost of your treatment, missed work and long-term recovery.
Know when to bring in a lawyer
If your injuries are serious or the insurer keeps delaying, you need someone who can step in, cut through the red tape and keep the process moving – because the longer you wait, the more power they gain. Lawyers understand these tactics and know how to push back without letting things stall out.
If you wait, you lose leverage
The longer you sit on your claim, the more time the insurance company has to control the outcome, and once they start setting the pace, it's hard to catch up. If you've already started this process, now's the time to push back and take back control.]]>On Behalf of Richard E. Mather, Attorney at Law<![CDATA[What are the legal considerations of a hit-and-run accident?]]>https://www.richardmather.com/?p=485582025-09-30T20:50:08Z2024-07-18T19:52:21ZA hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing contact information or aiding injured parties. In Alabama, this is a serious offense with severe legal consequences.
Understanding these implications is necessary for anyone involved in such an incident.
Criminal penalties
In Alabama, leaving the scene of an accident can lead to significant criminal penalties. If the accident results in injury or death, the driver can face felony charges. Penalties include hefty fines, imprisonment, and a permanent criminal record. Even if the accident only involves property damage, the driver can still face misdemeanor charges, resulting in fines and possible jail time.
Determining fault
Determining fault in a hit-and-run accident can be complex. Law enforcement investigates the scene, gathers evidence, and interviews witnesses to identify the responsible party. Surveillance footage and forensic analysis of vehicle damage also play important roles. Once identified, the hit-and-run driver is typically at fault for fleeing the scene, which complicates their legal situation further.
Compensation for those injured
Those injured in hit-and-run accidents face challenges in securing compensation. If the responsible driver is unidentified, the injured party may need to rely on their uninsured motorist coverage. This type of insurance helps cover medical expenses, lost wages, and other damages. If they find the hit-and-run driver, the injured party can pursue a personal injury lawsuit to recover damages. This process involves proving the driver's negligence and the extent of the individual’s injuries and losses.Hit-and-run accidents in Alabama carry severe legal consequences. Those injured must navigate a complex legal landscape to secure compensation. Understanding these implications helps both drivers and those hurt by the accident protect their rights and make informed decisions following an accident.]]>On Behalf of Richard E. Mather, Attorney at Law<![CDATA[How does a spouse’s business ownership affect divorce settlements?]]>https://www.richardmather.com/?p=485572024-07-05T16:26:30Z2024-07-05T16:26:30ZDivorce can be a complicated process, especially when one spouse owns a business. In Alabama, several factors determine how a business is divided during a divorce.
Understanding these factors can help spouses navigate this challenging time more easily.
Determining business value
First, the court must determine the business's value. This process usually involves a professional appraiser who examines the business's assets, liabilities, income, and market conditions. The appraiser's evaluation helps establish a fair market value, which is necessary for equitable distribution.
Marital vs. separate property
Next, the court considers whether the business is marital or separate property. If one spouse started the business before marriage, it might be separate property. However, if the business grew or changed significantly during the marriage, the increased value might be deemed marital property. Contributions from the non-owner spouse, such as working for the business or investing money, also influence this decision.
Equitable distribution
Alabama follows the principle of equitable distribution, meaning the court divides marital property fairly but not necessarily equally. When deciding how to split a business, the court looks at each spouse's contribution to the business, their economic circumstances, and the marriage's length. The court aims to reach a fair division, considering both parties' future financial stability.
Options for division
There are several ways to divide a business in a divorce. One option is for the owning spouse to buy out the other spouse's share, paying them a lump sum or through a structured settlement. Another option is selling the business and splitting the proceeds. In some cases, the spouses may agree to continue co-owning the business, although this requires a high level of cooperation and trust.
Legal and financial advice
Navigating business division in a divorce requires legal and financial advice. Consulting with an experienced attorney and financial advisor can help spouses understand their rights and make informed decisions. Understanding the laws in Indiana can allow you to reach a fair and equitable settlement, helping both parties move forward with their lives.]]>On Behalf of Richard E. Mather, Attorney at Law<![CDATA[3 things to consider before talking with the claims adjuster]]>https://www.richardmather.com/?p=485562024-04-08T23:25:02Z2024-04-08T23:25:02Z1. The adjuster's priorities
Remember that the claims adjuster works for the insurance company, not you. Their primary goal is to minimize the amount that the company pays on claims. While the adjuster may seem friendly and empathetic, their responsibility is to the insurance company’s bottom line, not your fair compensation.
2. Recorded statements
Insurance adjusters often request recorded statements from claimants to gather information about the accident and the extent of damages and injuries. You should avoid providing such a statement without careful preparation. Anything you say in a recorded statement becomes evidence against you in the claims process. Be cautious about any information you provide and stick to the facts without speculation.
3. Initial settlement offers
When an insurance adjuster presents you with an initial settlement offer, remember that this is often their lowest offer. They may test the waters to see if you will accept a quick, low-ball settlement. Do not feel pressured to accept the first offer, especially if you believe it does not adequately cover your damages and expenses. It is okay to negotiate and push back for a fairer settlement amount.
Considering these points before talking with a claims adjuster can help you protect your interests. By staying informed and advocating for yourself, you can work towards a fair resolution of your claim.]]>On Behalf of Richard E. Mather, Attorney at Law<![CDATA[5 ways accident reconstruction can show truck driver fault]]>https://www.richardmather.com/?p=485552024-01-11T17:22:20Z2024-01-11T17:22:20Z1. Physical evidence
Accident reconstruction begins with the careful collection and analysis of physical evidence at the scene. Skid marks, debris patterns and vehicle damage can provide valuable insights into the dynamics of the collision. In Alabama, experts may examine the road conditions, weather and lighting to understand how these factors contributed to the accident.
2. Vehicle dynamics and speed analysis
Determining the speed of the vehicles involved helps in understanding the sequence of events leading to a serious accident. Accident reconstruction specialists use mathematical models and analysis of vehicle dynamics to estimate speeds before, during and after the collision. This information can establish whether the truck driver was operating within the legal speed limits and whether excessive speed played a role in the accident.
3. Witness statements and testimonies
Eyewitness accounts can provide valuable perspectives on how an accident unfolded. Accident reconstruction in Alabama involves interviewing witnesses to gather information about the actions of the truck driver leading up to the collision.
4. Electronic data analysis
Modern trucks have electronic data recorders, similar to "black boxes" in airplanes. Accident reconstruction experts can extract and analyze data from these devices to understand the truck's speed, braking patterns and other relevant information in the moments leading up to the collision.
5. Traffic laws and regulations
Accident reconstruction extends beyond the physical aspects of a crash. Specialists also assess whether the truck driver followed traffic laws and regulations. Violations such as running red lights, failure to yield or disregarding traffic signals can contribute to establishing fault in a serious accident. In Alabama, improper lane change or use accounts for 13.3% of crashes with truck involvement, with failure to yield the right of way accounting for 10.2%.
This objective approach ensures a thorough examination of the facts. It contributes to a clearer understanding of the events leading to the collision.]]>