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
  • Criminal Law Lawyer
  • 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.

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.