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Questions Answered by Kristine Jones
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: The judge gave us 50/50 custody of our son. She wanted us to have him stay in the marital home, and each of us rotate

Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my... View More

Kristine Jones
Kristine Jones
answered on Sep 4, 2020

Hello. As previously said, this is a complex situation that one cannot fully answer in this forum. Please schedule a consult with a local attorney so you can determine the best course of action. Thanks for your question.

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1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and has moved out of the house with my ex-wife. Do I have to pay support for her still?

My daughter is now living with her boyfriend and has become "self-sufficient" as defined in our divorce agreement. Can I refuse payment or do I need a court order to modify?

Kristine Jones
Kristine Jones
answered on Aug 26, 2020

Hello. You need a court order to modify.

1 Answer | Asked in Divorce for Alabama on
Q: Me and my husband has only been married an year I want a divorce because of adulterous behavior 3 times i want spousal

Support do I qualify for it

Kristine Jones
Kristine Jones
answered on Aug 20, 2020

Hello. You'd need to speak with an attorney privately to discuss the facts of your particular situation. Without knowing more, "maybe" is the best answer. Good luck.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: How do I extend child support payments or ensure assistance with my 18 year old daughter's college expenses?

There is currently a child support order in place, and all terms are being met. My daughter be 19 in seven months (March 2021), & unless I take action, her financial support from her father will cease.

Kristine Jones
Kristine Jones
answered on Aug 20, 2020

Unless she is disabled, there is no way to extend child support past her becoming a legal adult at 19.

2 Answers | Asked in Child Support for Alabama on
Q: Will support go down if child’s father has baby on the way. Baby won’t be here until next year and court is sept 21 2020

He has had a dramatic increase in wages so that’s why I went back to court. But now he got his wife pregnant in hopes to lower support being paid.

Kristine Jones
Kristine Jones
answered on Aug 20, 2020

It is possible. The guidelines allow for the Court to consider other children the non-custodial parent is financially supporting. It is 100% the judge's discretion as to consider that when determining to follow the guidelines or deviate from them.

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1 Answer | Asked in Child Support for Alabama on
Q: ARJA Rule 32. Alabama. My child will be 19, graduated, will I have to put a change order with court for child support?

My child will be 19 soon, refused to go to college and attending trade school. Will the court enforce my child support order beyond the age of majority? Will I need to initiate a change order? Or does it end automatically?

Kristine Jones
Kristine Jones
answered on Aug 20, 2020

You will need to initiate a court filing to stop support.

3 Answers | Asked in Divorce for Alabama on
Q: Can I be charged for months while court was closed due to coronavirus?

Divorce lawyer said $4,000 retainer fee was more than enough. Court hearings were put on hold for months during coronavirus, yet the lawyer kept racking up the bill somehow and now says I owe $6,000 more. Is this legal? Can the charges rack up even when everything was closed?

Kristine Jones
Kristine Jones
answered on Aug 20, 2020

The courts and attornies were never closed or shut down. While hearings may have been delayed awhile, it doesn't mean no work was being done on your case. Sheila gave you a good suggestion and I agree.

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2 Answers | Asked in Divorce for Alabama on
Q: I have been separated for the last 13 years from my spouse. He left me when I had to do a year of chemo. What can I do?

I can't afford a lawyer or even to file the papers. I am on ssi and need every penny I get to pay my rent and other monthly bills. I just want to be done with him. I have his namr and address. I just don't know what to do.

Kristine Jones
Kristine Jones
answered on Aug 19, 2020

Hi! Your area MIGHT have a volunteer lawyers program. If not, call the Alabama State Bar and ask them to refer you to a pro bono attorney in your area. 334-269-1515.

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1 Answer | Asked in Child Support for Alabama on
Q: When filing a case with dhr for child support, is my new husband's income going to be factored in?

Or will it strictly be mine and my ex husband's?

Kristine Jones
Kristine Jones
answered on Aug 16, 2020

Hello. Just yours and the father's.

2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: My daughter was born in Florida her mom moved to Alabama, I pay her atleast 300 monthly she won't allow me to see her
Kristine Jones
Kristine Jones
answered on Aug 16, 2020

Hello. File an action in court to enforce your rights.

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2 Answers | Asked in Child Support for Alabama on
Q: What if the father signed the affidavit of paternity but isn't biologically can he still be held for child support
Kristine Jones
Kristine Jones
answered on Aug 10, 2020

Yes, he will be held liable UNLESS he asks the court for a paternity test and based on that, he is adjudicated "not the father." He is the presumptive father at this moment and it's up to him to challenge that presumption.

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2 Answers | Asked in Child Custody and Child Support for Alabama on
Q: I have physical custody of my son and his dad pays child support. There is a visitation schedule that we are supposed

To follow but of course he sees him maybe once a month and talks to him maybe once a month. Can I file for full custody or say he’s abandoned him and receive more child support?

Kristine Jones
Kristine Jones
answered on Sep 4, 2020

Hello. You can file. Whether or not you should is a question you should ask a local attorney. Thank you for your question.

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1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Hi my 17 yrd nephew possibly got a girl pregnant he wants nothing to do with the twins if they are his what can we do

The girl kept the pregnancy a secret until the day she delivered my sister is going to do a dna test but what can he do if he doesn’t want to be in their life

Kristine Jones
Kristine Jones
answered on Aug 7, 2020

Hello. He doesn't have to be in their life, but if he is found to be the biological father (proved via official DNA testing), then he'll be paying child support for the next 19 years.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have primary custody, he has visitation. He hasn't paid but $160.00 all yr 2020. It's court ordered that he pay $200

a month. He only picks them up maybe once a month for only a few hrs. Has already had dhr called before. What can I do about it?

Kristine Jones
Kristine Jones
answered on Aug 4, 2020

Take him back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: HOW OLD DOES A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH IN ALABAMA?
Kristine Jones
Kristine Jones
answered on Aug 3, 2020

Hello, 19 is the age when a child becomes an adult and can make that decision. Alabama has no age before that time at which a child can pick a parent. That said, as a child matures, he/she becomes better able to articulate to the judge why it is in her/his best interest to live with one parent... View More

1 Answer | Asked in Divorce for Alabama on
Q: My husband is filing for divorce. I would like marriage counseling to be required before. Could I request that?

We don’t meet the requirements for an at fault divorce. I also don’t believe we are incompatible or have an irreconcilable marriage. What can I do?

Kristine Jones
Kristine Jones
answered on Jul 31, 2020

Hello. Unfortunately, you cannot stop a divorce from moving forward. If someone has decided they want to end a marriage, it can and will happen. You may want to seek legal counsel in your area to guide you through this process so you make good choices that minimally impact you. Best of luck.

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My daughter is 18 and joined the Alabama National Guard does my ex still pay til she is 19.
Kristine Jones
Kristine Jones
answered on Jul 30, 2020

Hello. He must pay until she is 19, financially self-supporting, or marries. I don't believe guard pay would qualify her as being self-supporting. Thanks for your question.

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1 Answer | Asked in Child Support for Alabama on
Q: In alabama is it legal for my ex to keep receiving child support payments if my son is not living with her?

Also I had him in school, providing for him and still paid support

Kristine Jones
Kristine Jones
answered on Jul 28, 2020

Yes. You can go back to court and change custody so you can stop paying her.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Doed back child support start the first day you got custody or the first day you filled the petition for child support?

My sister has had full custody of my children for 3 years. But she just recently filled for child support about a year ago. Will the back child support go back to the day she got my kids 3 years ago or does it go back to the day she filled the petition for child support 1 year ago?

Kristine Jones
Kristine Jones
answered on Jul 27, 2020

Hello. The judge will decide the date it starts. Thanks for your question.

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