Questions Answered by Kristine Jones
Q: Alabama Child Support termination and college / post-minority support non-custodial requirements?
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 »
Q: My dad still pays child support to my mom even though I no longer live with her. Can she legally keep that money from me
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!
Q: When child was first born the mother told me I wasn’t the father she let another man sign the birth certificate and told
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!
Q: My son just turned 19 . He will be attending college on a full scholarship. Does my child support now stop
Hello. No, child support does not automatically stop when a child turns 19. You will need to file with the court to officially stop your obligation to pay. Best of luck!
Q: how do I go about getting visitation with my 6 year old . her father was given full custody while I was in prison ?
Hello. You would need to file a Modification in the court action. Please seek local counsel in your area. Best of luck!
Q: If wife cheated while separated had baby, does husband pay child support post divorce?
Wife and husband were separated, wife got pregnant by another man, (Paternity test says Husband is NOT father) Now divorced, does husband owe child support?
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 »
Q: My husband and I have custody of our 3 grandsons. After 3 years now, we want to adopt them. Parents are no longer
Together. Despite the court order 3 years ago, neither has paid any child support nor do they visit regularly. Can this be grounds for involuntary parental termination?
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!
Q: Do non custodial parents of an adopted child have to pay for college in Alabama?
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 »
Q: Do child support payments have to go through the courts or can be paid directly to custodial parent?
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 »
Q: If the divorce papers say alimony is to be paid till a certain month and year. How do you stop it?
If they stay a certain month and year then does it stop then? How do we get it stopped when the divorce papers say so?
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!
Q: I'm married but separated and my husband has a girlfriend can I get alimony or anything in this situation
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!
Q: I have filled for a modification of my support an a date has been set what happens if I cant make it to court
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!
Q: In AL. is it legal for judge to order 5 yr old not to call stepdad dad
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 »
Q: Does child support automatically end when the child turns 19?
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 »
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 »
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