My child is 7 years old and her father does not provide any financial support. If pressed too hard for help will disappear for months to years on end. Will not voluntary give up rights and is not named on birth certificate. Never established paternity he has never held a job down for more than 6... Read more »
He does not have any rights. However you can terminate what ever potential rights he may have if you are confident he is the biological father. This is called a Termination of Parental rights.
We spoke to the funeral director and they said the physician had not signed the certificate and they were waiting on that.
Who should I call about this situation? My father had bills that are not accumulating late fees and etc and I dont know what to do.
You should talk to an attorney and learn if it is necessary for you to open an estate for your father. You, and any of your father's other "heirs at law" (children and spouse) are not responsible for bills that he alone owes. However, those who are owed that money may have a claim against any... Read more »
I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.
If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »
I have 3 Kids I’m paying for on child support the oldest is 19 he doesn’t stay with me or the mother I’m still paying also my 17 year old doesn’t stay with either of us as well and my youngest stay with me but I’m paying. She told her social worker she wanted to drop the child support a... Read more »
You can go to court and petition to drop the support, but you've got to show the court why. Just because she wants to is not enough of a reason.
The noncustodial parent lives in Florida. The custodial parent and child lives in Alabama. The noncustodial parent thought he was done with child support when the child reaches 18, however in Alabama its 19yo. He now wants to petition the court to transfer the case to his state so that he can get... Read more »
Another imaginative idea from a person who does not understand the law. That won't work. The case stays where the child is.
I despise this young man. He is controlling, abusive & won't let her have friends. They have split up several times but she always takes him back. I am desperate to get her away from him. What are my options?
If you do so before she is 18 you can file a CHINS petition. That is your best option. Get in touch with an attorney in your area and get this done. That is a court petition that can be filed through the juvenile court that says she is in need of supervision.
Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?
A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »
Our plan is to work toward 50/50 when I become more financially stable.
First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.
A stop withholding order was issued by a judge but my paychecks are still being garnished months later. I was current on all payments and not behind at all. Do I contact my employer or the child support payment system? My lawyer hasn’t responded.
It is a simple process to file to stop an IWO once there is a Court Order to do so. I see that you are represented by counsel, so you need to contact your lawyer. I assume there is a Court Order saying you no longer owe support and have no arearrage.
Your petition to modify will be denied.
My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »
You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »
Child support is payable until the child is 19 years old. If the child is self supporting, then the payor must go to court and show that.
She wants to go back with tax returns to modify for more
Child support can be modified when there is a change in income of 15% or more. You have to go to Court to do that.
The child will still be primarily supported by the custodial parent. For child support to continue by the non-custodial parent past age 19, is the child NOT allowed to have a part time job while in college?
First, when was the order rendered? If the order is after a case called CHristopher, then no child support can be ordered after the child turns 19. If the order is pre-Christopher, then college expenses can be part of the order. However, the amount of the support is based on need and would depend... Read more »
She has no job and hasn't had one in over two years. She depends on him and he barely works 40 hours a week. They constantly leave firearms laying around in the living room and on counter tops where her oldest (5 years old who she only gets every other weekend and is supposed to be paying child... Read more »
You are on the right track in filing for a divorce. You should ask for custody of the child and be ready to try the case. Your best option? Hire an attorney who knows how to try a case like this. You should ask for custody of the child during the pendency of the divorce
Mother married an immigrant so he can get his green card. Biological father wants to see his kids but the mother refuses to let him see his children. He took her to court and told the judge she is married. By law the immigrant is the legal father. The biological father hasn’t seen his children in... Read more »
You can get all of this done with a court order, but you can't do it without going to Court. The mother should file a paternity action in the county where she and the children live.
Mother is married. Is there anyway to get around this besides doing an establishment of attorney?
If the child was born during a marriage, the legal father of the child is the husband of the mother. If he does not deny the child, then the biological father has no rights to the child and cannot even bring a lawsuit. See a case called Ex parte Presse. There is no way around this. The situation is... Read more »
I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... Read more »
DHR can only help you with support. If you want to settle custodial issues you must file your own action. The court will hear both of them at the same time, however.
Police had to get involved to control situation.
Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1 ,... Read more »
Google the clerks office in your county and learn the fee.
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