Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Moving Child Custody Case to Alabama from TN

I relocated to Alabama in June 2019. My custody papers were finalized and filed in TN. My ex is now relocating to Alabama from TN and has requested a modification of custody time and support. I am in agreement with the change in time, but he is also stating that his job will cease in a few months... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Mother of my 11 year old son lied and claimed another man on birth certificate. Do I have rights?

I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 27, 2021

I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
View More

1 Answer | Asked in Child Support for Alabama on
Q: In the state of Alabama, child support ends at age 19. If the child is in college, does the child support continue?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 2, 2021

2013 Alabama Supreme Court decision in Christopher v. Christopher stated that, parents are no longer obligated to pay college tuition costs as a part of child support payments. However, if at the time child support was established or modified the parents made an out of court agreement for those... View More

1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and leaving for the military. Can I be taken off child support? We live in Alabama.

Is she considered emancipated, leaving at 18 for the military?

Kristine Jones
Kristine Jones
answered on Jun 11, 2021

Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... View More

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2021

Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

1 Answer | Asked in Child Support for Alabama on
Q: Filed for child support against husband. We got back together and he lives with us. He owes $6,000. How can I stop it
Kristine Jones
Kristine Jones
answered on Mar 1, 2021

Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones
answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... View More

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale
answered on Feb 13, 2021

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... View More

1 Answer | Asked in Child Support for Alabama on
Q: If I'm paying child support arerrs and the parents passes away do i continue paying arerrs
Paul Ylvisaker
Paul Ylvisaker
answered on Jan 8, 2021

The answer is generally “no”. Howver, there are exceptions to that answer. Once such exception if you owe arrears to the state where deceased lived, by virtue of public assistance given to her for the support of the minor child.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can DHR child support case be used in custody battle?

My child’s father quit paying child support almost a year ago. I finally got DHR involved due to him refusing to help, pay support and always taking under the table jobs. I also have a custody date coming up soon. Can the DHR child support case be used in a custody battle along with the other... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 8, 2021

The decision regarding custody depends on several factors, slightly different in each state. The court will looking at what is in the best interests of the minor. Payment or non-payment is generally not a factor itself, but can be used indirectly. Suggest you speak with a family law attorney in... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Alabama on
Q: Custody/divorce paper does not include taxes. Now being threatened with jail for claiming 1 of 3 children. Best option?

I pay child support on time and am a full time college student.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 8, 2021

You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can my ex go to jail if she has been keeping my child from me when we have a court order and I have been paying child?

We have been to court and we have a court order stating that I get her every other weekend from 6pm Friday to 6pm Sunday. I have been paying child support and have not seen my child one also she want give me a contact number or updates on my daughter.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 1, 2021

There are no criminal penalties for denying you court ordered parenting time. However, there are enforcement remedies in the family law court that can include sanctions for attorney’s fees and costs for having to return to court to enforce its orders. Additionally, dependent upon the nature of... View More

1 Answer | Asked in Child Support for Alabama on
Q: My daughter turns 19 in March. Do I need to file a motion to stop the child support or will it stop automatically?
Kristine Jones
Kristine Jones
answered on Dec 16, 2020

Hello. You will need to file a motion with the Court. Best of luck!

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 14, 2020

You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... View More

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My son turned 18 and moved out of his mother's house to live with his girlfriend. Does child support continue ?

I am current on my child support

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 10, 2020

As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.

While the custodial parent is not entitled to the child support on...
View More

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can i get all rights to my son full custody would be even better??

My ex girl friend and i had a baby he is currently about 6 months old she split i haven't heard from our son in 2 months.we both made agreement off the record. That when she left i would keep in contact and i would get pictures from him everyday. I dont know where she is i dont know how my son... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Nov 25, 2020

You need to see a domestic relations attorney as soon as possible to obtain legal representation and get something filed immediately to obtain custody of your son. Good luck

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... View More

Kristine Jones
Kristine Jones
answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Child Support for Alabama on
Q: Can you file for child support if you aready did and didnt go thru wirh it? Can i file for child support again?

Me and father were trying to work on things but it seems he has went a-wall and now i cant get him to answer me. He has left me wirh no money a car that needs fixed and i have no job with raising 3 kids but 2 are his. I have no babysitter in the worst time right now and no way to get to a job.. My... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Nov 21, 2020

Go to the local DHR. They will be able to file for child support. But in the interim, they will also be able to provide you with aide to dependent children until he gets served. They can also help with housing and also food stamps. Good luck!

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.