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Questions Answered by Kristine Jones
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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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... Read 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.

1 Answer | Asked in Child Support for Alabama on
Q: how do i get court ordered child support after 9 years and never paid a dime

i have been divorced for 9 years, have 2 daughters 15 and 19 from marriage. judge ordered $481 a month in child support. Father never paid a dime. he remarried and adopted new wife's son and had 2 more daughters. what do I do? He has nothing at all to do with our daughters together... Read more »

Kristine Jones
Kristine Jones answered on Jul 23, 2020

Hello. You can contact DHR, file the case yourself, or hire an attorney. If you want to try yourself, call the clerk's office in the county where your divorce was finalized. Thanks for your question.

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: I have been served divorce papers. I can not afford legal representation. The divorce is final 7.30.2020. What can I do

to secure my alimony? I am a military spouse.

Kristine Jones
Kristine Jones answered on Jul 23, 2020

Hello. You can contact the Birmingham Volunteer Lawyers and ask for their help. Best of luck.

1 Answer | Asked in Child Support for Alabama on
Q: Can I restart child support after I stopped it 2 years ago ?
Kristine Jones
Kristine Jones answered on Jul 22, 2020

Hello. It depends on how it was stopped. Agreement, court order, etc.

1 Answer | Asked in Child Support for Alabama on
Q: My kids are 15 and 16 years old l have had them since the where 6 months and 18 months old they have been with me all

This time I got a served a summons today saying that my ex wife wants custody of both children and is seeking child support is there anything that I can do to keep my kids

Kristine Jones
Kristine Jones answered on Jul 20, 2020

Hello. Yes, you can fight for custody.

1 Answer | Asked in Child Support for Alabama on
Q: My ex husband won’t tell me his new job information. How can I file for child support to be garnished?
Kristine Jones
Kristine Jones answered on Jul 20, 2020

Hello. You'd need to file a case and utilize the discovery process to get the information needed. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: can dhr include over time for a modification?i feel i have been screwed

went to court for modification dhr didnt even attempt to look at my finacial papers or records it doubled from 425 to 800 all because they included my over time i filed an appeal went back to court but this time i have a diffrent job so it lowered to 514 but while in court they admitted to using my... Read more »

Kristine Jones
Kristine Jones answered on Jul 17, 2020

Hello. Yes, overtime is included in child support. OT is one of those fluid issues that can usually be successfully argued against depending on the facts of the parties. However, technically speaking, Rule 32 along with case law allows for inclusion of OT in calculating CS. Thank you for your... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: If I marry a man with back child support due from his first marriage will my income change his child support payments?

Marry a man, he owes child support to his first ex wife wondering if my income would cause his child support payments to increase or if she could go after me and my income once we marry

Kristine Jones
Kristine Jones answered on Jul 16, 2020

No, your income will not change his payments. If you have joint financial accounts with him and the state swipes his tax refund, stimulus check, etc. because he owes arrears and intrest, then your monies are liable to also be swiped. If they are swiped, you would then need to bring that error to... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How can you get child support of you both agreed 8 years ago to none but he has nothing to do with the child or help?

We were divorced 8 years ago we have joint custody but it's more of I have full custody due to whenever he was suppose to have the child his parents had her. He only shows when its convenient such as birthdays and holidays. He claims her on income tax and I'm left with the... Read more »

Kristine Jones
Kristine Jones answered on Jul 13, 2020

Hello. There are several factual questions that need answering before you receive advice on going through DHR or not. Letting an attorney review your divorce documents will answer those questions and you can be properly advised at that point on whether you need to file in your DR case or open a... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: I’m 17 and don’t live with my mom and she is still getting child support for me.

The child support goes threw the state to her and she refuses to give any of it to me. I have text messages from her threatening to call the cops and report me as a run away if I ever tried to get the money. (My step dad and her both told me I wasn’t allowed to live there anymore but I have no... Read more »

Kristine Jones
Kristine Jones answered on Jul 10, 2020

Hello. The support is FOR you, it's not paid TO you. You're not an adult until you're 19. If you're not living with your mom, then it's your dad who needs to file and have support stopped.

1 Answer | Asked in Child Support for Alabama on
Q: My sister has temporary custody of a friends child. The father helps out but the mother does not.

Can my sister petition the courts to have the mother pay some type of support payment? My sister already has 4 other children and the mother doesn't seem to care about her only child. I live in CA so I am not familiar with AL state laws. As far as I know, the custody order does not state that... Read more »

Kristine Jones
Kristine Jones answered on Jul 9, 2020

Hello. Yes, your sister can ask the court to award her child support from both the father and mother. Thank you for your question.

1 Answer | Asked in Child Support for Alabama on
Q: If neither parent has custody, can both be ordered to pay child support to the guardian?
Kristine Jones
Kristine Jones answered on Jul 7, 2020

Good evening. Yes.

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