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Questions Answered by Kristine Jones
1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My question is why am I paying child support for a child that has been adopted by a family
Kristine Jones
Kristine Jones answered on Dec 4, 2019

Hello. Great question. Unless you agreed to continue paying support for some reason, or owe back child support, then your child support obligation after the date of adoption would have stopped. Not looking at your case, it's hard to give a more specific answer than that. If you want more specific... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Alabama on
Q: What is the process for foreclosure on an abandoned home post divorce?

After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: If Alabama divorce decree states alimony to stop when ex spouse turns 62, can alimony be stopped automatically?

Exspouse turned 62, alimony was stopped the next month. The divorce papers state that alimony will be paid periodically until the ex spouse turns 62 at which time she will be covered under the ex spouse social security.

The ex spouse will not be 62 and eligible for social security until... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, it is difficult to know how to answer without reading the entire document. Does it mean the ex spouse will be covered under her own social security when she turns 62? Does it mean when her ex-husband turns 62 in a couple of years? It doesn't seem like leaving a 2 year gap is what was... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How is child support typically calculated for 50/50 shared custody in Alabama?

Since 2012, I have had shared custody of my 2 sons. My ex-wife and I keep them for 50% of the time (we swap weekly).

We’ve had an agreement in place since 2012 however my ex-wife is now seeking a modification of child support.

Per the guidelines, our total child support is... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, questions like this will be up to the judge's discretion as to how to handle it. Typically, 50/50 will not award any child support to either party unless the income disparity is very different. Here, it seems you make quite a bit more than your ex so that may be to her advantage. There are... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: I am currently paying child support even though my son stays with me . He will be 18 in January but his dad threatened

Go to court if I try to take him off. I can’t afford another lawyer. What can I do? This is in Alabama

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, child support goes until the child reaches majority, which in Alabama is 19. Once he does reach majority or otherwise becomes self-supporting, then you can file a form with the court that has the case to end child support. The fee for filing that form should be minimal and much less than... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: AL child custody laws

My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »

Kristine Jones
Kristine Jones answered on Oct 17, 2019

Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can I prove my husband is not the father with a paternity test while pregnant and then get a divorce in Alabama

Was told I can’t get divorced while pregnant in Alabama but what if I can prove he’s not the father . We’ve been separated

I wanted a divorce but couldn’t afford to file and while separated got pregnant with another mans twins

Kristine Jones
Kristine Jones answered on Oct 16, 2019

Hello, this is a good question for someone who practices in your local jurisdiction. They can give you the best advice on if a pre-birth test would be admissible to proving your husband is not the father. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: Our son was divorced one year ago this Oct. Per the decree, the marital home (which is owned JTWROS by my wife and me

Is supposed to be sold within 3 years (now 2 years). My wife refuses to sell, AND In fact, has leased the home to our former daughter-in-law without my knowledge or consent. The decree specifies no rent is to be paid for the 3 year period, and I assume my wife’s lease also is rent-free.... Read more »

Kristine Jones
Kristine Jones answered on Sep 30, 2019

Hello. It's difficult to know without looking at the decree or settlement agreement about the status of the lease. It may be valid unless there's a provision stating it can't be leased during that time period. Your son can enforce the decree once the time to sell has lapsed if the house is still... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: What is the typical cost for an uncontested divorce?
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. It varies depending on how in depth the settlement agreement needs to be drafted. It also depends on how uncontested is it? Have you and your spouse worked out all the details or do you expect the attorney to do that for you? Also, court costs vary from county to county so that depends on... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: In Alabama when u go for child support how far back can you go? My child is 4.

My child’s father hasn’t been involved in his life in 4 years. I gave in and let him see him about a month ago (he’s been on drugs and swore he was clean) so I cannot dole abandonment. He went to put himself in child support to look good, can I get child support all the way back to my child... Read more »

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You can ask for it to be retroactive back to birth, but that is something within the judge's discretion based on the facts of your case. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: If my childrens father already pays child support to his ex wife, how will that affect my child support?

He pays her 380 amonth

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. He will get a credit of $380 deducted from his gross monthly income.

1 Answer | Asked in Child Support for Alabama on
Q: My wife's ex will pay for something for their daughter then take it out of the support he pays. What are our options?
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. To file contempt would be your option, without knowing the specifics of all the facts. Your wife should seek counsel in her area to determine what is the best course of action. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Do I have to pay Child Support in Alabama after my child is 19 and going to school?

My Daughter is 18, has graduated from High School and is currently working. She will turn 19 next May. My ex wife says that if my Daughter enrolls in college that I will have to continue paying Child Support as long as she is a student up to age 21. Is this correct? I see nothing in my Decree that... Read more »

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. I don't know when your divorce was finalized so it may make a difference. Under the current law, no, you would not owe child support past 19. The only way you could is if you agreed to pay after she reached age 19. I would contact counsel in your area and consult with them to make sure. Best... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: How do I go about getting a birth father's parental rights terminated for myy almost 5 year old daughter?

No contact in almost 2 years. Never really helped with anything for child. Was never married, just dating. Live in Alabama. I do not want child support.

Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Im currently not getting proper visitation with my daughter who is 6 but im expected to pay child support what can i do
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. Sounds like you need to contact an attorney in the county where your child lives and consult with them on how to enforce your parental rights. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Termination of CS withholding order at age of majority (19) in Jefferson County, Alabama.

My withholding order was set back in 2008 in Talladega County, where we originally filed our divorce. With my ex and I both living in Jefferson County, it was transferred there, and they have handled everything since. I have spoken with multiple people with Jefferson Co. DHR, they told me that all... Read more »

Kristine Jones
Kristine Jones answered on Sep 23, 2019

Hello. If DHR did what they told you they did, the motion is on file with the clerk. If you did not get a copy of DHR's filing, then you can get one from the clerk. You should also monitor your case so you can get a copy of the Judge's order when it comes out. Once the order comes out, you will... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Can alimony be terminated if divorced spouse lives with another man?

My wife filed for divorce and is trying to find a man to live with. She lost thousands of dollars on a scam dating site. Now she is communicating with someone else to live with and possibly move before divorce is final.

Kristine Jones
Kristine Jones answered on Sep 18, 2019

Hello. It depends. It sounds like your divorce is not final and alimony has not been awarded. If so, then her living with someone else seems important to her need of post-divorce support. If you have not already, you should seek counsel in your area to determine your best options regarding handling... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: My nephew went to court today about child support and custody and ...

Nephew and his ex agreed to support and custody arrangements. But have not signed anything. Yet she agreed in front of judge on said visitation. Now she is backing out of it. Cause she hasn’t “signed anything”. Is she still held accountable being nothing is signed. Even though agreed in... Read more »

Kristine Jones
Kristine Jones answered on Sep 18, 2019

Hello. It sounds like if it made it before a judge, then the judge will draft the order stating what the parties agreed to before him/her. The order will be mailed to them or his/her attorney if they were represented. (Sounds like maybe he did not have counsel). If testimony was taken before a... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
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 »

Kristine Jones
Kristine Jones answered on Aug 15, 2019

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 »

1 Answer | Asked in Child Support for Alabama on
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
Kristine Jones
Kristine Jones answered on Aug 15, 2019

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!

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