Questions Answered by Kristine Jones
Q: How does my husband go about getting his chid support payments modified? He’s making less money now.
Hello. He will need to file a Petition to Modify with the Court that entered the child support order. Best of luck.
Q: My son and ex-daughter-in -law have been divorced 4 yrs. She was ordered to pay child support and has never paid a penny
My granddaughter just turned 18 and now she is saying she doesn't have to pay. What does my son need to do to collect ?
Hello. He needs to file for contempt, also known as "Rule Nisi" as soon as possible. The age of majority is 19 in Alabama, not 18. So, she has at least one more year to pay child support. He should seek counsel and speak with her/him about the best course of action given his specific set of... Read more »
Q: At 16 ( almost 17 ) can I choose to go live with my mom full time. ( right now I have to switch houses every week )
Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which... Read more »
Q: My son has been living with me for over a year. How do i stop child support?
Mobile, Al
My ex wife has custody of our 13 year old son, but he's been living with me for over a year because of her job. She doesn't want me to pay child support anymore since I'm supporting him full time. I've called the courts and they say I need a hand written letter stating why I... Read more »
Hello, what you would need to file is a modification petition. Typically there is a filing fee paid, but you could also file an Affidavit of Substantial Hardship in hopes of having the filing fee waived. Judge's make that determination within his/her discretion. Whether you file for modification or... Read more »
Q: Is there a way to report that the custodial parent has failed to report her income?
My spouse pays over $600 per month in child support for one child, the mother has since moved in with her mother, works a full time job, and receives state and government assistance. Is it mandatory that she report her income? Or would he need to file a petition?
Hello. It is not required that she report her income. He would need to file for a child support modification petition in order to recalculate the amount owed.
Best of luck!
Q: When is it okay to sue a father for child support?
Hello, if you and the father are getting a divorce, then child support should be addressed. If you and the father were never married, then when he stops providing financial support equal to or greater than what the state believe his amount of support obligation for the child. Your child is owed a... Read more »
Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?
The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with... Read more »
Q: I have two children with my ex husband; one of whom is soon to be 19. My ex has already expressed his intention of
halfing his cs at that time. Based on what I have read on here he cannot just do that; however, he has always just given me a check every month rather than it being held from his check so I don't know how this affects what happens when my oldest turns 19. Also, the younger child will be 19 next... Read more »
Hello, child support does not automatically stop when the child turns 19. Court action should be taken, especially a second child is involved. It is because of the second child that it will require the modification (to recalculate support)/contempt petitions if he does half the support payments.... Read more »
Q: If the mother lets the child live with father. is there a way to stop cs without court? We both live in different states
We got divorced in Alabama but now she lives in Georgia and I in Florida. My daughter just moved in with me 2 weeks ago. She is 17 years old and about to graduate school early. I need the support so i can help her go to collage. I do not even want support from mother its just what i pay would help... Read more »
Hello, these heat way to stop child support is through court approval. It is for your protection to do so, otherwise you risk still having to pay the last two years of child support. Arrears will build and it is easier if you go to court now to stop it. The other issue you have is that all three of... Read more »
Q: Can I stop child support if me && my childs father agrees to it?.
Me && my childs father went to court in September about custody. He put himself on child support, but now we are finally trying to get back on good terms && moving back in with each other && want the child support to stop. Can we agree to stop it, or is it the law in Alabama that child support... Read more »
Hello, you would need to go back to court to have the child support and possibly custody modified. It helps that you both agree; however, child support is not waived just because mom and dad have had a change of heart. Please contact counsel in your local area to help navigate the court system and... Read more »
Q: Is there an attorney that can help financially? The house is supposed to be paid for and is in a nice neighborhood.
Hello, please clarify your question.
Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!
Q: If a mother can be proven unfit can she be put on child support?
The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it... Read more »
Q: What Divorce forms do I need to do an uncontested divorce I have been separated for years there are no children involved
There is no property to separate, everything has been done, except for the actual paperwork and filing in court for a divorce.
Hello, to complete an uncontested divorce, you would need to seek the assistance of an attorney to draft all the documents needed from you and your spouse. No forms are available to the public to submit on your own. Best of luck!
Q: Need an attorney for divorce, in accident have no income where do I get help in athens or huntsville Al
Hello, I believe there is a volunteer lawyers program in Huntsville. If you can't find a local number, you can call the state bar at 334-269-1515 and ask them. Best of luck!
Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.
She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »
Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.
Q: I have two daughters, my oldest one will be 19 in two months. What do I need to do to get my child support reduced?
I live in Alabama
Hello. Since you have two children, you would need to file for a modification of child support with reasons being she will be 19 in a few months. I would reccomend having a consultation with an attorney in your area. My experience has been these motions are set for a hearing so a judge can either... Read more »
Q: What motions should I file to get my son back asap?
My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »
What Shane said is correct. I will also add that you need to find and retain an attorney today. The longer you continue to wait, the more difficult the situation becomes. Good luck!
Q: AL:DR; If a plaintiff files a “PETITION TO MODIFY...” how can the court’s action on it call it a “MOTION TO DISMISS?”
I was served with with a plaintiffs MOTION TO MODIFY VISITATION 2/18/19 and before I could even consult with an attorney, 2/22/19 I received via USPS mail from the court dated 2/19/19 stating that “The Motion to Dismiss field by the father.... ORDERED, ADJUDGED, AND DECREED that the Motion is... Read more »
Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!
Q: Paying child support and giving up rights
If I give up my rights to the child am I still liable to pay child support because she won't let me see the child
Hello. Yes, giving up your parental rights does not extinguish the right to support your child has from his or her biological parents. If mom is not letting you see your child and you WANT to see your child, then you will need to file custody papers to enforce your custody/visitation rights. Best... Read more »
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