Q: Oldest child just turned 19, but support doesn't stop then, and the mom won't agree to let it. How is this right?
Oldest daughter is in college on scholarship, and she does work.
So how come the child support doesn't end automatically as the divorce papers declare? These are court ordered documents, are they not binding? I'm told that the mother has to come with me to courthouse and agree to sign papers to alter the child support for a $300 plus fee? Or we can pay a smaller fee to have all the child support stopped and I pay the mother the difference. Or we keep it as is and the mother pays me the difference. The mother is not agreeing to either of the options. So I'm supposed to just pay child support past the age of 19 until when??? I see no end in sight and feel I am held hostage to the mother deciding on her terms when the child support should end. But the papers say age 19 or age of maturity in Alabama it is supposed to stop. What can I do? I need help, they don't tell you about this stuff when you sign divorce papers.
A:
Hello. If you have your child support garnished by an Income Withholding Order and you only have that one child receiving support from that IWO, then the cost to have it removed is roughly $28.00. You fill out two forms and file it in the clerk's office along with a copy of your child's birth certificate.
If you have multiple children and/or not on an IWO, then you MAY need to file a modification. Filing a modification is what costs the most money (that $300 you mentioned) and normally requires the assistance of an attorney.
I do not practice in north Alabama, but I do not believe you were told correct information. Unless there are remarkable circumstances that necessitate child support after 19, as a matter of law your child support should and ought to terminate.
Seek out legal counsel in your area to make sure all forms, etc. are completely and filed properly. Best of luck!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
