Q: I have an existing support order in Alabama that was established in March of 2000. Am i stuck with it forever?
In addition, I had full physical custody of my son from the age of 6 until he was 17. I have been told directly by the case worker, that if anything and regardless--my child support would likely be increased. How is such a thing even possible?
A: Once a child support order is entered it remains in effect until withdrawn or modified by a court. Each payment is due at the time it becomes due and becomes an enforceable debt. When your son came to live with you you could have gone to court to cut off or modify your child support obligation and could/should have had the mother paying you. You did not do so and now that ship has sailed. You owe the money (or have paid the money I guess) and you cannot get it back or reduce it. If the child is still living with you (child support continues until age 19) then you should petition the court to modify your child support/eliminate it and have the mother pay you child support. If the child is not in your custody and is back with the mother there is a risk that if you went back to court your child support could be greater as it wold be recalculated based on current earnings which are likely higher.
A: Once the order is in place you owe it until it’s paid. However collection attempts on any child support can only be collected within 20 years and if it was March of 2000, looks like the statute for collection has expired. It’s 20 years from the time it was ordered. Lucky you..
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