Guntersville, AL asked in Criminal Law, Federal Crimes, Family Law and Child Support for Alabama

Q: Can Alabama DHR falsely charge my boyfriend with arrears and never tell him or provide docs tho we have receipts?

My boyfriend set it up so that his child support payments are deducted from his paycheck directly to Alabama DHR from day 1. We have every single pay stub from when it started. The kids are now 5 and prior to her putting him on the two boys lived with him. A few months ago we took her to court due to neglect. She was told by her lawyer she had no chance of beating us and they discussed a custody agrmt and CS was dropped. When the judge read the cust agrmt, he said theres nothing he could do about the $7000.00 in arrears owed. First time we heard of this. It’s impossible that he owes any money to them. He has paid on time in full since it started a little after they turned 1. Dhr has never sent any notices or dates of non pymt/arrears and Marshall Cnty dhr has sent him 3 overpayment checks. Dhr refuses to show us docs for it and are trying to take it from his tax return. The mother and dhr are committing perjury. Is this legal?! The caseworker/supvsr is the mother’s close friend also.

1 Lawyer Answer
Sheila Crumley Field
Sheila Crumley Field
Answered
  • Criminal Law Lawyer
  • ANNISTON, AL
  • Licensed in Alabama

A: You need to answer a few questions. Prior to him paying when they turned one, was mom on assistance? If she received any payments from the state of Alabama for assistance without a child support order, the state of Alabama can collect it if an order of support is ever entered. This is probably what happened in your case. However DHR must provide you documentation of how much they paid her.

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