The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »
Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »
Thank you for your question. Nineteen is the age of majority in Alabama. If your child is completely self-supporting financially, and you can prove it, then the Court may allow a modification but it's not a guarantee based on what you've said. Best of luck!
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... Read more »
As said, you need to have a consultation with an attorney in your area. You have several big issues going on that may have implications re: custody. Best of luck!
Is she considered emancipated, leaving at 18 for the military?
Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... Read more »
Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!
Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »
Hello. You will need to file a motion with the Court. Best of luck!
The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »
The county DHR can help. Best of luck.
Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?
It does not automatically stop. You have to ask the court to modify and recalculate support. Best of luck.
I’m only 3 months pregnant and he’s already said he wanted to sign his rights over because he wants nothing to do with me. he will no unlock me and refuses to help me out in any way. the only reason why he wants to sign his rights over are because he doesn’t want to pay child support. what... Read more »
Hello. Terminating his rights does not end the support obligation he has for the child. You need to contact DHR or hire an attorney who can establish custody and child support for you when the time comes (in about 6 months). Best of luck.
He recently physically beat me and was jailed for domestic violence. I also quit my job because he wanted me to and promised to take care of me. This is my first marriage and I'm 47 years old.
You can always ask for it. Whether or not you receive it will be up to the judge who hears your case.
No. For it to be enforceable, the spouse will eventually need to be served papers.
I agree with what my colleague said. Also, it is unknown who would be raising the child. You, him (he can't if he's in prison), a family member, or foster care. As the parents, you both could be liable to pay child support if the state takes your baby and places it in foster care, or if... Read more »
the amount that I pay per month?
Hello. File for a modification.
Hello. No, you will need to file with the court in the county where the case is located to stop child support. Thanks for your question!
Hello. No, not unless there is an Order from the Court stating they can. Thank you for the question.
My ex wife has gotten my whole family drug tested in past cases. All clean of course. Anyway, this is not for custody just child support. And I know my son has been partaking in weed. Though I’ve never caught him. It’s blatant. And if he does get tested, what will happen to my other children at... Read more »
Hello. She would need to ask the Court's permission or get him to submit to a test voluntarily. Weed is illegal in Alabama. It is against the law to partake, have possession of it, sell it, etc. You have an obligation to your other children to protect them from illegal drugs. Thank you for... Read more »
I've yet to see a Judge disallow a parental child support agreement. You still must file the child support forms as a matter of record in your case though. Thanks for your question.
We settled outside of court. We never had to see the judge. The judge made our agreement a court order. I’m married now, can she take me back to court to request more money?
Yes, either of you can always go back and request to recalculate child support.
The fathers child lives with his parents and the whole situation is unsafe to me for the child to stay their and also 2 hrs away over night the whole weekend. Is their anything against that till at least she can talk and tell me what is going on. Especially she has slept with me since the day she... Read more »
Hello. No, there's no specific law that addresses how old a child has to be before it can spend the night with the other parent. Thank you for the question.
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