My marital separation agreement from March 2013 states "child support payments shall continue until the minor children of the parties attain the age of nineteen years, marries, becomes self-supporting OR commences college, whichever shall first occur. I have 3 children. One child is 21, another... Read more »
Hello, it sounds like you and your spouse signed a settlement agreement. So regardless of what a judge COULD HAVE done then, you settled before it got that far. That being said, the agreement says what it says. So 1) yes. 2) you can, but that is no longer the law unless he agrees in another...Read more »
Hello, child support is used by the receiver for the benefit of the child. If you are no longer living with her, then she should not be receiving money. Your dad should seek counsel in the county where the case is to have it stopped. Best of luck!
Us we couldn’t see him six years later she put me on child support after her and the guy were no longer together is there any thing I can do legally because they are saying I have to pay back time which I feel like I shouldn’t sue to her actions is there anyway I can dispute the matter
Hello. She could have filed to put you on child support, but you had/have possible options. You should seek counsel in your local area immediately before a hearing or final order is issued. Best of luck!
Hello. Lots of unanswered questions here. Was test done by court approved testing service? Did Husband hold himself out to be child's father? Did he sign birth certificate? If they had a settlement agreement, did he agree to pay support? Was husband adjudicated the father by the Court? Was he...Read more »
Hello. Sounds like you need to either file an agreed to adoption (if both parents will consent of course) or a Termination of Parental Rights, settle that, then file your adoption. I suggest seeking an attorney in your area to help you through the process. Best of luck!
We adopted our son when he was 6 through DHR. Long story short, we had an extremely out of control child. He was with us for 10 years. We went through years of him stealing, writing kill lists, bringing weapons into our home, etc. Finally, after years of trying to help him we made the decision to... Read more »
Hello. Unless you signed a contract agreeing to pay for "post-minority" support, then no, you do NOT pay those costs. You can call the domestic relations clerk in the county where the case is and ask their procedure on how to stop child support at 19. It should be a form and roughly $20-$30. Each...Read more »
We are going through a divorce and he had signed the settlement agreement however when the judge sent it back adding verbiage that the support be paid through the courts. I need to find out if this is a law or preference please. Thank you.
Hello. It is statutory law that child support payments be made through an Income Withholding Order (i.e. through the state child support payment system). The court does not handle any payments related to domestic matters.
However, the parties can agree on the order not being issued IF they...Read more »
Hello, alimony will terminate when the decree states that it stops. If it is withdrawn automatically from a paycheck, then you may need to have an attorney file a termination on your behalf. Best of luck!
Me and my husband got married 2007 and have been separated off and on for about 2 or 3 years but now he has a girlfriend and they live together in his mother's house and she is using my husband's last night I guess pretending to be married o him I guess you would say. What are my options I have in... Read more »
Hello, you can call the Alabama State Bar and ask for a pro bono divorce attorney referral at 334-269-1515. It sounds you need to speak with an attorney in a confidential setting so you can s/he can discuss all the facts of your situation. Best of luck!
Hello, you will need to ask the Court for a Continuance. Depending on your reason, the Court will decide if it will continue your case to another date. If you don't file a continuance OR are not granted one, AND you don't show up, it is highly possible your case will be dismissed. Best of luck!
Hello, it is common in settlement agreements for parties to agree that the distinctions of "Mother" and "Father" are reserved for the two parties getting divorced. Those agreements are turned into orders. Trial judges have a lot of discretion in what they can order, and this is part of that power....Read more »
I have two step-children. One is 20 and the other will be 19 soon. My husband is still paying the same amount as he was before the oldest turned 19. I'm just wondering if child support will end automatically when the youngest turns 19 or if there is anything he needs to do? We still intended to... Read more »
Hello, no, child support does not automatically terminate when children turn 19. When a child turns 19, you should file for a modification to have it recalculated or terminated depending on if it is one child or several one is paying support for per a court order. So the answer to your question is...Read more »
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 »
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 »
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 »
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, 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 »
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