Madison, AL asked in Child Custody, Child Support, Divorce and Family Law for Alabama

Q: The judge gave us 50/50 custody of our son. She wanted us to have him stay in the marital home, and each of us rotate

Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my child 100% of the time? The ex makes 200,000 a year, I make very little. Can the judge deny this? How can he get away with not helping at all?

2 Lawyer Answers
Shane Michael Oncale
PREMIUM
Shane Michael Oncale
Answered
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: A lot of interesting things going on with your fact pattern. I would suggest that given the number of moving parts involved that you go ahead and set up a more individualized consult with an attorney rather than trust solely the bits of information gained in general responses here. I will say generally the law is set up to address situations like yours in that there is a law, the wording of which is supposed to be included in every order involving custody of a child, which requires a particular procedure be followed if one have custody rights moves more than 60 miles. Among the provisions is one that would land you back in court in such a case to readdress custody, visitation and child support. Beyond that, a modification on any of these issues can occur when there has been a material change in circumstances, which there seems to have been in your case. Your issues can and should be addressed but you will have to return to court to have them addressed.

Kristine Jones
Kristine Jones
Answered
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. As previously said, this is a complex situation that one cannot fully answer in this forum. Please schedule a consult with a local attorney so you can determine the best course of action. Thanks for your question.

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