I'm soon to be having a baby and know who the bio father is but he has been absent and not in contact since the first couple months of the pregnancy. I have been in a relationship with another man for the majority of the pregnancy and he is happily willing to claim paternity of this child despite... Read more »
Hello. Whomever is listed on the birth certificate or signs an acknowledgment of paternity will be the man responsible for child support, unless there is a court action to prove otherwise. Falsely putting a name on a birth certificate or paternity acknowledgement will only create an expensive mess...Read more »
her dad pays child support directly to her and mentioned it would be stopped after her May 2020 College graduation. she is pursuing Graduate School, what does the law say regarding Graduate school and dependants ( she will not be working full time)
Hello! Post minority (after age 19) support is no longer allowed in Alabama and has not been allowed for several years. Without looking at the order or your agreement, you are bound by whatever it says. As far as the law on graduate school students and owing them child support in 2020, it would say...Read more »
You still owe $1,200.00 in child support through the MS judge's order. It is handled the same as it has always been and you should still be paying the same way. It does not become an Alabama issue unless you make it one by moving the case to Alabama. Best of luck!
Hello. You need to ask for a modification of child support if you cannot pay the amount you are ordered to pay. If it does not get paid, you are exposing yourself to being in contempt of court for non-payment with all of the options available to the court in order to get money from you to pay what...Read more »
Hello. Great question. Unless you agreed to continue paying support for some reason, or owe back child support, then your child support obligation after the date of adoption would have stopped. Not looking at your case, it's hard to give a more specific answer than that. If you want more specific...Read more »
After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual... Read more »
Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the...Read more »
Exspouse turned 62, alimony was stopped the next month. The divorce papers state that alimony will be paid periodically until the ex spouse turns 62 at which time she will be covered under the ex spouse social security.
The ex spouse will not be 62 and eligible for social security until... Read more »
Hello, it is difficult to know how to answer without reading the entire document. Does it mean the ex spouse will be covered under her own social security when she turns 62? Does it mean when her ex-husband turns 62 in a couple of years? It doesn't seem like leaving a 2 year gap is what was...Read more »
Hello, questions like this will be up to the judge's discretion as to how to handle it. Typically, 50/50 will not award any child support to either party unless the income disparity is very different. Here, it seems you make quite a bit more than your ex so that may be to her advantage. There are...Read more »
Hello, child support goes until the child reaches majority, which in Alabama is 19. Once he does reach majority or otherwise becomes self-supporting, then you can file a form with the court that has the case to end child support. The fee for filing that form should be minimal and much less than...Read more »
My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »
Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their...Read more »
Hello, this is a good question for someone who practices in your local jurisdiction. They can give you the best advice on if a pre-birth test would be admissible to proving your husband is not the father. Best of luck!
Is supposed to be sold within 3 years (now 2 years). My wife refuses to sell, AND In fact, has leased the home to our former daughter-in-law without my knowledge or consent. The decree specifies no rent is to be paid for the 3 year period, and I assume my wife’s lease also is rent-free.... Read more »
Hello. It's difficult to know without looking at the decree or settlement agreement about the status of the lease. It may be valid unless there's a provision stating it can't be leased during that time period. Your son can enforce the decree once the time to sell has lapsed if the house is still...Read more »
Hello. It varies depending on how in depth the settlement agreement needs to be drafted. It also depends on how uncontested is it? Have you and your spouse worked out all the details or do you expect the attorney to do that for you? Also, court costs vary from county to county so that depends on...Read more »
My child’s father hasn’t been involved in his life in 4 years. I gave in and let him see him about a month ago (he’s been on drugs and swore he was clean) so I cannot dole abandonment. He went to put himself in child support to look good, can I get child support all the way back to my child... Read more »
My Daughter is 18, has graduated from High School and is currently working. She will turn 19 next May. My ex wife says that if my Daughter enrolls in college that I will have to continue paying Child Support as long as she is a student up to age 21. Is this correct? I see nothing in my Decree that... Read more »
Hello. I don't know when your divorce was finalized so it may make a difference. Under the current law, no, you would not owe child support past 19. The only way you could is if you agreed to pay after she reached age 19. I would contact counsel in your area and consult with them to make sure. Best...Read more »
Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!
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