Millbrook, AL asked in Child Support for Alabama

Q: Just found out husband has 17yr old, will back support be ordered?

My husband just found out he has a 17yr & the mom doesn't want us to have a relationship with the child, she's just asking for child support &we're not happy. The mom states that she knew he was the father and withheld this info for 17yrs. Will retro/back support be ordered? Should we seek a lawyer? He currently has an active child support order for 2 others (18 &19 yr olds) from his previous marriage.

Related Topics:
1 Lawyer Answer
Shane Michael Oncale
PREMIUM
Shane Michael Oncale
Answered
  • Birmingham, AL
  • Licensed in Alabama

A: A lot going on here and let me say you need to get an attorney involved to make sure this all goes as quickly as possible. So to answer one of your questions you should definitely hire an attorney. Venues in Alabama vary on whether they will reach back to charge a father with back child support under the factual scenario you present. I notice your location is Millbrook or that is at least where you were when you asked the question. Parts of Millbrook are in 2 different counties but, they share the same judges and those judges even under pretty egregious circumstances like you present do allow a reach back of 2 years. 2 years is the max they can go. He can and should also ask for visitation and an opportunity to get to know the child. It is probably best to leave it loose given his age but he should not allow the mother to shut him out of getting to know his child. His income for child support purposes should be reduced by the child support he is paying for the other children as the order pertaining to them is pre-existing. However, he should no longer be paying child support for a 19 year old as 19 is the age of majority in Alabama. There is a lot here as you may have noticed and you really do need to consult an attorney.

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.