Gadsden, AL asked in Family Law and Child Support for Alabama

Q: My ex-wife lives in a different county than me. The DHR manager is her cousin. Can I get the county assigned changed?

The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL amount out of both jobs. This happened several years ago and I was afraid it would happen again. She told me that she could not stop it from coming out of both checks. I am only two weeks behind in support due to changing jobs. I work the second job to be able to live.

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2 Lawyer Answers
Kristine Jones
Kristine Jones
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one source if that's the only source listed. The only reason to come out of two jobs is because one job does not pay the full amount owed. You don't state why you told DHR about your second job? Not looking at the current IWO in effect so it's difficult to provide information past this. Might not be a bad idea to have a consultation with local counsel where the case is to see how they can help. Thanks for your question and best of luck!

Jared Dale Vaughn
Jared Dale Vaughn
Answered
  • Gadsden, AL
  • Licensed in Alabama

A: It is likely that you can get this changed based on the circumstance. I'd consider consulting with an attorney and contacting the state headquarters of DHR.

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