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I don't want to have to pay for neither one. We both make around the same amount of money !
Birmingham, al.
answered on May 28, 2020
If she gets custody of the child you will certainly pay child support based on your income and her income. Alimony in a 5 year marriage is unlikely, given the changes in the law concerning alimony. There is no way for anyone to tell you how your case will be resolved concerning these issues without... View More 
Me$415 a month I'm on SSDI can't work they take $100 a month out of my check an charge me interest on the rest by my adding they should have collected all an they still taking I'm thinking that they owe me some of my money back she has never done anything for him she would take his... View More
answered on May 26, 2020
Questions: is this the only child? or is he one of several for whom you are paying support from the same order? When he turned 19 or when he moved in with you, did you go back to Court and get the child support ended or reduced? Finally, is the $100 a month that is taken from your check for an... View More
answered on May 19, 2020
I assume that you are the mother of the children, and that "his wife" refers to a person whom the father married before his death. The short answer is that she has no right to visitation with the children. If she were a grandparent, she would have a path to parenting time with them, but... View More
My daughter has graduated high school and will be attending college in GA beginning August 2020. She turns 18 next month (June 2020). She will be living on campus, with a food plan, and work a part time job while in school. Do I still have to pay her father child support even though he is not... View More
answered on May 11, 2020
The short answer is yes. The only way to get you where you want to be is if she asks to be emancipated, which she can do if she is self supporting and 18 years old.
My son’s father and I have never been married but since our separation we have gotten joint custody and I regret this decision. Reason being is there is always a communication gap on his end, I have to always follow up to ensure that my son is doing his schoolwork, given his medicine when... View More
answered on May 11, 2020
Can you get it back? You can certainly try. If you and the father were awarded joint legal and joint physical custody you only have to show that it would be in the best interest of the child for you to be awarded physical custody. This is called the Couch standard named after a case called Ex... View More
I have been in the kids lives since they were babies. Bio dad lost visitation in 2017 due to domestic violence and a history of child abuse. DHR removed them from his home and placed them with us giving them a protective order from dad. Mom just passed and now dad wants them back. I filed for a... View More
answered on May 11, 2020
It is imposible to handicap your facts, however, if the children are doing well with you while in the custody of the state and placed with you, you are in a good position to prevail in a private custody petition.
I've always been in my children's lives.Me and the Mother although together didn't live together due to car accident I was involved in caused me to not be able to work for some time and we lost our home so only maybe a week out of a month we managed to all stay at either hers or my... View More
answered on May 10, 2020
You have rights, but you have to assert them in Court. You were a necessary party in the custody proceeding you mentioned because you are the presumptive father. Did you go to Court? Why not if you didn't?? What evidence was adduced in that proceeding that kept you from having custody?
He, the defendant, signed the answer and waiver and the agreement. Attorney filed the paperwork in court. Now my spouse has decided he wants to fight and is threatening to rescind the paperwork already filed. I am not in agreement and have no wish to reconcile. Can he as the defendant rescind... View More
answered on May 10, 2020
You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.
answered on May 7, 2020
What you have to do depends of the facts of your matter. I would be glad to speak to you on a video conference if you would like. Contact my office.
She will be 19 in March 2021 and graduate high school in May 2021. I would like my child support to end when she turns 19. Can I end it in March 2021 or do I have to wait until May 2021? Can I file to cease child support a few months before she graduates? My chilid support is garnished and I do not... View More
answered on May 7, 2020
Unless you have a old order (rendered before a case called in re CHristopher) that commands you to pay college expenses, child support ends when the a child turns 19 years old. You are going to have to go back to court to do this if there are other children. Be careful there because child support... View More
Does there come a time in ones life where SHE stops receiving the arrears (back support)? Or the money would start going to the adult children? Can I receive my stimulus payment since I’m not responsible for the $?
answered on May 6, 2020
The money that represents the arrearage goes to the person who had custody of the children during their minority.
My husband wants nothing to do with me or my son. He cheated on me and left me and already has a new family. We've been separated over a year and a half and are finally getting this divorce done. His parents are trying to take me to court to take my child away from me because I won't let... View More
answered on May 1, 2020
First of all, I don't understand the distinction between "legal" grandparents and "blood related" grandparents. THe grandparents are the parents of the biological or adoptive parents of the child. The grandparents have apparently taken you to court in a private custody... View More
Oldest daughter is in college In Alabama (our home state) on scholarship, and she does work. Second child will be 19 next year also.
So how come the child support doesn't end automatically as the divorce papers declare? These are court ordered documents, are they not binding? I'm... View More
answered on Apr 23, 2020
Unless the court documents set out when each child support amount is adjusted on the majority of children, you have to re-calculate child support as children age out. It is not automatic. You should be careful when you do this, because the new child support amount is going to be calculated using... View More
My divorce decree was final in 2018. I made sure to remove all comments about support for college education from our settlement. My child is a senior in high school this year and approaching his 19th birthday. If he chooses to go to college and not get a job are my child support payments to... View More
answered on Apr 21, 2020
You cannot be ordered to pay post minority support under the rule announced in a case called In Re Christopher. Your child support for that child ends at 19. You WILL have to go to court to adjust the support for two children other than three. Do not assume that the child support will go down.... View More
Can the case worker disclose to the parent that the other parent made the report
answered on Apr 21, 2020
No. DHR cannot disclose the source of a report. No.
My child support currently comes out of my pay check. The age of emancipation in Alabama is 19. He will be 19 in July. Is a court petition done through a letter or in person ? And how soon should I petition so that child support stops on time ?
answered on Apr 21, 2020
You would petition the Court to end the support. You do that through the Court. I would do it right now. You don't tell us if there is any other child involved who is still a minor. There is no basis for your paying support to a person who is over 19 years of age UNLESS you have a "pre... View More
answered on Apr 20, 2020
The money goes to the person who had custody, that is the person who paid for the child's expenses during the time that you didn't pay.
Wondering can I file for joint custody or visitation without involving child support. I take care of my son financially but not through the court system
answered on Apr 20, 2020
You don't say, but there are two ways can work. IF you are the father and don't have custody and there has never been any court case, you can ask the court for parenting time with your child. Without a doubt, the issue of child support will come up and you will be required to pay support... View More
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