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Questions Answered by Kristine Jones
1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »

Kristine Jones
Kristine Jones answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Child turned 18, graduated high school and is employed, can I petition to have child support dropped?
Kristine Jones
Kristine Jones answered on Jan 12, 2022

Thank you for your question. Nineteen is the age of majority in Alabama. If your child is completely self-supporting financially, and you can prove it, then the Court may allow a modification but it's not a guarantee based on what you've said. Best of luck!

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... Read more »

Kristine Jones
Kristine Jones answered on Nov 1, 2021

As said, you need to have a consultation with an attorney in your area. You have several big issues going on that may have implications re: custody. Best of luck!

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1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and leaving for the military. Can I be taken off child support? We live in Alabama.

Is she considered emancipated, leaving at 18 for the military?

Kristine Jones
Kristine Jones answered on Jun 11, 2021

Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Filed for child support against husband. We got back together and he lives with us. He owes $6,000. How can I stop it
Kristine Jones
Kristine Jones answered on Mar 1, 2021

Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My daughter turns 19 in March. Do I need to file a motion to stop the child support or will it stop automatically?
Kristine Jones
Kristine Jones answered on Dec 16, 2020

Hello. You will need to file a motion with the Court. Best of luck!

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »

Kristine Jones
Kristine Jones answered on Nov 23, 2020

The county DHR can help. Best of luck.

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Kristine Jones
Kristine Jones answered on Nov 18, 2020

It does not automatically stop. You have to ask the court to modify and recalculate support. Best of luck.

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1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: the father has blocked me on every form of communication and to sign rights over. can i still get child support?

I’m only 3 months pregnant and he’s already said he wanted to sign his rights over because he wants nothing to do with me. he will no unlock me and refuses to help me out in any way. the only reason why he wants to sign his rights over are because he doesn’t want to pay child support. what... Read more »

Kristine Jones
Kristine Jones answered on Nov 16, 2020

Hello. Terminating his rights does not end the support obligation he has for the child. You need to contact DHR or hire an attorney who can establish custody and child support for you when the time comes (in about 6 months). Best of luck.

1 Answer | Asked in Divorce for Alabama on
Q: Can I ask for a certain amount of money in a divorce after only 3 months?

He recently physically beat me and was jailed for domestic violence. I also quit my job because he wanted me to and promised to take care of me. This is my first marriage and I'm 47 years old.

Kristine Jones
Kristine Jones answered on Nov 9, 2020

You can always ask for it. Whether or not you receive it will be up to the judge who hears your case.

2 Answers | Asked in Divorce for Alabama on
Q: Can I go to the courthouse and file a legal separation without spouse knowing??
Kristine Jones
Kristine Jones answered on Nov 8, 2020

No. For it to be enforceable, the spouse will eventually need to be served papers.

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2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I'm 15 and my bf is 20 we both wanna baby what can happen to him
Kristine Jones
Kristine Jones answered on Oct 21, 2020

I agree with what my colleague said. Also, it is unknown who would be raising the child. You, him (he can't if he's in prison), a family member, or foster care. As the parents, you both could be liable to pay child support if the state takes your baby and places it in foster care, or if... Read more »

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1 Answer | Asked in Child Support for Alabama on
Q: my ex & l have three kids. Twins that will be 21 in May, another that will be 11 in January. What can I do to reduce ?

the amount that I pay per month?

Kristine Jones
Kristine Jones answered on Oct 16, 2020

Hello. File for a modification.

1 Answer | Asked in Child Support for Alabama on
Q: My child turns 19 in December, does child support drop automatically after their nineteenth birthday?
Kristine Jones
Kristine Jones answered on Oct 7, 2020

Hello. No, you will need to file with the court in the county where the case is located to stop child support. Thanks for your question!

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Can one parent keep a child from the other during a divorce?
Kristine Jones
Kristine Jones answered on Sep 18, 2020

Hello. No, not unless there is an Order from the Court stating they can. Thank you for the question.

1 Answer | Asked in Child Support for Alabama on
Q: Can a parent drug test the child in qeustion of a child support case

My ex wife has gotten my whole family drug tested in past cases. All clean of course. Anyway, this is not for custody just child support. And I know my son has been partaking in weed. Though I’ve never caught him. It’s blatant. And if he does get tested, what will happen to my other children at... Read more »

Kristine Jones
Kristine Jones answered on Sep 15, 2020

Hello. She would need to ask the Court's permission or get him to submit to a test voluntarily. Weed is illegal in Alabama. It is against the law to partake, have possession of it, sell it, etc. You have an obligation to your other children to protect them from illegal drugs. Thank you for... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Can both parents create their own child support agreement in a divorce in Alabama?
Kristine Jones
Kristine Jones answered on Sep 13, 2020

I've yet to see a Judge disallow a parental child support agreement. You still must file the child support forms as a matter of record in your case though. Thanks for your question.

1 Answer | Asked in Child Support for Alabama on
Q: My child mother and I reached an agreement that became the court order, can she take me back to court for more money?

We settled outside of court. We never had to see the judge. The judge made our agreement a court order. I’m married now, can she take me back to court to request more money?

Kristine Jones
Kristine Jones answered on Sep 12, 2020

Yes, either of you can always go back and request to recalculate child support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My child is 1 years old, is their a law she doesnt ha e to spend the night weekend till shes 3yrs?

The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... Read more »

Kristine Jones
Kristine Jones answered on Sep 10, 2020

Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.

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