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Alabama Child Support Questions & Answers
1 Answer | Asked in Divorce, Child Support, Public Benefits and Family Law for Alabama on
Q: Alimony obligations after 19 years of marriage with spouse on SSI disability in Alabama.

I have been paying all the bills in a full-time capacity, and I'm seeking guidance on potential alimony obligations in Alabama. I was married for 19 years, and my spouse is on SSI disability with no prior agreements on financial support.

James L. Arrasmith
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answered on May 14, 2025

After 19 years of marriage, Alabama courts are likely to view your situation as a long-term marriage, which can weigh heavily when considering alimony. If your spouse is on SSI disability and unable to support themselves through work, a judge may find that ongoing financial support is reasonable.... View More

1 Answer | Asked in Child Support, Child Custody, Civil Litigation and Family Law for Alabama on
Q: Can my ex file for child support now after declining it during custody case a year ago?

I am concerned that my ex might file for child support even though they declined it during our custody case a year ago in Limestone County, Alabama. My ex has full permanent custody, and the judge stated that no changes to the original court order could be made after six months. Since the case... View More

James L. Arrasmith
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answered on May 14, 2025

Even though your ex declined child support during the custody case a year ago, that decision does not permanently prevent them from filing for support in the future. In Alabama, either parent can request child support at any time while the child is still a minor, especially if their circumstances... View More

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: How to calculate interest on child support arrears in Alabama at 7.5%?

I need help calculating interest on child support arrears in Alabama. The arrears are $5,296 with an interest rate of 7.5%. The arrears have been accumulating for 8 months, and the monthly amount owed is $7**.16. How should I calculate the interest owed on these arrears?

James L. Arrasmith
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answered on May 14, 2025

You calculate simple interest on arrears by multiplying the outstanding balance by the annual rate and prorating for the time owed.

Take your \$5,296 in arrears and multiply by 7.5% (0.075), giving \$397.20 of interest per full year. Since the debt has been outstanding for eight months,...
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1 Answer | Asked in Traffic Tickets, Child Support and Family Law for Alabama on
Q: How to request a continuance for court due to license suspension and homelessness?

I have a court appearance today for driving with a suspended license, but I am unable to attend due to being homeless and not having transportation. My license is suspended due to unpaid child support, which I can't pay because I'm unable to find a job without my license. How can I... View More

James L. Arrasmith
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answered on May 14, 2025

You don’t have to face this alone or be punished for circumstances beyond your control—start by calling the clerk of the court where your case is set today and explain that you’re homeless, lack transportation, and can’t appear. Ask the clerk how to submit a written motion for continuance... View More

Q: Can child support be adjusted for my disabled son in Alabama?

I am currently being sued for child support for my three sons. My ex-husband gained custody by hiring an attorney and presenting false information in court, while I couldn't defend myself due to unemployment. I am a single mother and the sole provider for my severely disabled son, who requires... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, child support calculations typically consider both the income of the parents and the needs of the children. Since your disabled son requires 24/7 care, you may have a valid argument for modifying the child support amount for your other children, especially if your income is limited due... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Alabama on
Q: How to find a pro bono divorce lawyer in Alabama?

I am seeking a pro bono lawyer to help me with the beginning stages of a divorce in Alabama. There are children involved, and I need guidance on child custody and support, as well as division of assets. How can I find pro bono legal assistance for this process?

James L. Arrasmith
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answered on Apr 13, 2025

Navigating a divorce with children in Alabama can be challenging, especially when seeking pro bono legal assistance. Start by contacting Legal Services Alabama at 1-866-456-4995 or applying online through their website. They provide free legal aid to low-income individuals and may assist with... View More

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Timeframe to receive back child support in Alabama.

I am awaiting back child support payments in Bibb County, Alabama. The non-custodial parent's income was withheld on the 20th of this month, but I have not received any funds or communication about when I will receive the payment. How long does it typically take to process and receive these funds?

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, when child support payments are withheld from the non-custodial parent's income, the process involves several steps that can influence the timing of when you receive the funds. After the payment is withheld, the employer forwards it to the Alabama Child Support Payment Center... View More

1 Answer | Asked in Child Support and Business Law for Alabama on
Q: Can my paycheck be used to pay husband's child support in Alabama?

I am considering setting up an arrangement to have my paycheck deducted to make my husband's child support payments directly to his ex-wife's account in Alabama, as he recently got laid off. The payments would be from my individual account since we do not have a joint account. I am... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, child support payments typically must be made according to the terms set by the court or the state’s child support enforcement agency. If there is no court order specifying how payments should be made, you can set up a voluntary arrangement to pay your husband’s child support, but... View More

1 Answer | Asked in Child Support, Civil Litigation and Social Security for Alabama on
Q: Contempt of court child support arrears, possible jail, health issues, upcoming court date in Alabama

I'm facing a contempt of court charge for non-payment of child support arrears. I owe $638 a month but have struggled to pay the full amount because I haven't had a job for a year due to health reasons. I have provided the court with medical documentation and am working with a lawyer on... View More

James L. Arrasmith
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answered on Feb 20, 2025

Your situation sounds incredibly stressful, and I understand your worry about both the contempt charge and managing your health needs. It's crucial to communicate with your lawyer immediately about your potential need for inpatient treatment, as they can file a motion to continue (postpone)... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?

Hello my son's father is trying to avoid paying child support and he has received a settlement check but I believe that he put the check in his wife's name or another family members name. I would like to know if I can pay an attorney to find information on the settlement and verify that... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 28, 2024

Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the... View More

1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

T. Augustus Claus
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answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Do I have to answer interrogatories
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answered on Jan 19, 2024

In Alabama, if you are involved in a family law case, particularly in matters of child custody or child support, you may be required to answer interrogatories. Interrogatories are written questions submitted by one party to the other as part of the discovery process in a legal proceeding. Failure... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Landlord - Tenant for Alabama on
Q: 26 yrs married w/ disabled adult son. Told to leave by husband. My name is not on the lease. Do we have to go?
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answered on Dec 27, 2023

In the situation of a 26-year marriage with a disabled adult son and being told to leave by the husband, the resolution can depend on various factors. While your name not being on the lease may complicate matters, Alabama's laws may provide certain protections for spouses, especially... View More

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex is military. Child support is 25%. It hasn't increased even though he has gotten raises. How can I get it adjusted?

Divorce was finalized in TX. He is now stationed in WA. I live in AL.

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answered on Jul 10, 2023

If you want to have the child support amount adjusted due to your ex's increased income, you would generally need to file a petition for modification of child support.

In your case, since the divorce was finalized in Texas but your ex is now stationed in Washington and you live in...
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1 Answer | Asked in Child Support for Alabama on
Q: Can I request a copy of the child support order myself from the responding state?

Non Contested. Father walked out on me and our child in 2021 moving to MS as me (mom) and our child reside in AL. Filed for child support Dec 2021 through DHR. Case was sent to MS where father resides. His court date was last month. He was a no show. The judge place an order. Am I allowed to... View More

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. You can contact the court clerk (or the equivalent) in the county where your case is in MS and obtain a copy of the order. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

12yo is covered by health insurance by ex. This year we have incurred $400+ uncovered medical bills and she is starting orthodontic treatment soon ~$6800. Ex states the portion his benefits cover (for example, $1700 of braces) count as his payment towards these bills. Insurance does not exceed 5%... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 30, 2023

Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them... View More

2 Answers | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
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1 Answer | Asked in Child Support for Alabama on
Q: Do you receive anything in the mail saying child support is over when the child turns 19? At 19 do I just stop paying?

Currently, the online payment inquiry is showing $0 dollars. She turned 19 this month.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

No, you will likely not receive anything in the mail. If you are paying pursuant to a withholding order, you need to file something (even a handwritten note) with the court asking to terminate the withholding order because the child has attained age 19. You can also ask the court to terminate the... View More

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