Cape Coral, FL asked in Child Support and Family Law for Alabama

Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i live in florida, one will become 19, my other kid will be 17. Can i stop child support for the 19 years old. I dont want to have to give all my finances again so my ex doesn't have that information. I never see them but i always talk to them. I probably see them once a year for a day and they don't stay with me . What can i do, what will happen?

I live with and maintain my new family and my new toddler. My income is good but at the same time i have way too many expenses here.

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2 Lawyer Answers

Shane Michael Oncale

Answered
  • Birmingham, AL
  • Licensed in Alabama

A: The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where you will have again show proof of income just as she will and the calculation be redone. In fact, even if the mother agreed to take x amount the attorney doing the paperwork for you will have to get you to sign income affidavits showing your income and file a CS 42 showing the correct calculation for the remaining. child. If you vary from the calculated amount then you both will have to sign a document explaining why there is a variance. Your 2 options really are go back to court and recalculate or just keep paying what you are and hope she does not decide to take you back to recalculate. To help make that decision, if you know her income, you should retain a lawyer to do the calculation for you so you know whether you will come out better or worse and to what degree.

A: I agree with Mr. Oncale. You have to go back to Court. His advice is good with respect to doing the calculation before you go. You might end up paying more for one child than you were for two children depending on you income and the income of the mother. The fact that you have more expenses in Florida with your new family is not relevant.

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