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Alabama Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: My nephew went to court today about child support and custody and ...

Nephew and his ex agreed to support and custody arrangements. But have not signed anything. Yet she agreed in front of judge on said visitation. Now she is backing out of it. Cause she hasn’t “signed anything”. Is she still held accountable being nothing is signed. Even though agreed in... Read more »

Kristine Jones
Kristine Jones answered on Sep 18, 2019

Hello. It sounds like if it made it before a judge, then the judge will draft the order stating what the parties agreed to before him/her. The order will be mailed to them or his/her attorney if they were represented. (Sounds like maybe he did not have counsel). If testimony was taken before a... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on
Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How can I get child support dropped if my children’s Mother agree to dropping it

I have 3 Kids I’m paying for on child support the oldest is 19 he doesn’t stay with me or the mother I’m still paying also my 17 year old doesn’t stay with either of us as well and my youngest stay with me but I’m paying. She told her social worker she wanted to drop the child support a... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 18, 2019

You can go to court and petition to drop the support, but you've got to show the court why. Just because she wants to is not enough of a reason.

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Alabama Child Support termination and college / post-minority support non-custodial requirements?

My marital separation agreement from March 2013 states "child support payments shall continue until the minor children of the parties attain the age of nineteen years, marries, becomes self-supporting OR commences college, whichever shall first occur. I have 3 children. One child is 21, another... Read more »

Kristine Jones
Kristine Jones answered on Aug 15, 2019

Hello, it sounds like you and your spouse signed a settlement agreement. So regardless of what a judge COULD HAVE done then, you settled before it got that far. That being said, the agreement says what it says. So 1) yes. 2) you can, but that is no longer the law unless he agrees in another... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My dad still pays child support to my mom even though I no longer live with her. Can she legally keep that money from me
Kristine Jones
Kristine Jones answered on Aug 15, 2019

Hello, child support is used by the receiver for the benefit of the child. If you are no longer living with her, then she should not be receiving money. Your dad should seek counsel in the county where the case is to have it stopped. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: When child was first born the mother told me I wasn’t the father she let another man sign the birth certificate and told

Us we couldn’t see him six years later she put me on child support after her and the guy were no longer together is there any thing I can do legally because they are saying I have to pay back time which I feel like I shouldn’t sue to her actions is there anyway I can dispute the matter

Kristine Jones
Kristine Jones answered on Aug 15, 2019

Hello. She could have filed to put you on child support, but you had/have possible options. You should seek counsel in your local area immediately before a hearing or final order is issued. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: My son just turned 19 . He will be attending college on a full scholarship. Does my child support now stop
Kristine Jones
Kristine Jones answered on Aug 15, 2019

Hello. No, child support does not automatically stop when a child turns 19. You will need to file with the court to officially stop your obligation to pay. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Can child support be transferred from a state that ends support at 19yo to a state that ends at 18yo just to end support

The noncustodial parent lives in Florida. The custodial parent and child lives in Alabama. The noncustodial parent thought he was done with child support when the child reaches 18, however in Alabama its 19yo. He now wants to petition the court to transfer the case to his state so that he can get... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 8, 2019

Another imaginative idea from a person who does not understand the law. That won't work. The case stays where the child is.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: how do I go about getting visitation with my 6 year old . her father was given full custody while I was in prison ?
Kristine Jones
Kristine Jones answered on Jul 31, 2019

Hello. You would need to file a Modification in the court action. Please seek local counsel in your area. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: If wife cheated while separated had baby, does husband pay child support post divorce?

Wife and husband were separated, wife got pregnant by another man, (Paternity test says Husband is NOT father) Now divorced, does husband owe child support?

Kristine Jones
Kristine Jones answered on Jul 10, 2019

Hello. Lots of unanswered questions here. Was test done by court approved testing service? Did Husband hold himself out to be child's father? Did he sign birth certificate? If they had a settlement agreement, did he agree to pay support? Was husband adjudicated the father by the Court? Was he... Read more »

1 Answer | Asked in Adoption and Child Support for Alabama on
Q: My husband and I have custody of our 3 grandsons. After 3 years now, we want to adopt them. Parents are no longer

Together. Despite the court order 3 years ago, neither has paid any child support nor do they visit regularly. Can this be grounds for involuntary parental termination?

Kristine Jones
Kristine Jones answered on Jul 10, 2019

Hello. Sounds like you need to either file an agreed to adoption (if both parents will consent of course) or a Termination of Parental Rights, settle that, then file your adoption. I suggest seeking an attorney in your area to help you through the process. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: My x-husband stopped paying child support when our son was 15. He is now 25. Can I still get that child support?

My x-husband owes from 2009 to 2013. What do I need to do?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 9, 2019

Contact DHR in your jurisdiction. If a child support order was in place and he has not paid then he will owes and a judgment can be entered against him and collection activity commenced.

1 Answer | Asked in Child Support for Alabama on
Q: Do non custodial parents of an adopted child have to pay for college in Alabama?

We adopted our son when he was 6 through DHR. Long story short, we had an extremely out of control child. He was with us for 10 years. We went through years of him stealing, writing kill lists, bringing weapons into our home, etc. Finally, after years of trying to help him we made the decision to... Read more »

Kristine Jones
Kristine Jones answered on Jul 1, 2019

Hello. Unless you signed a contract agreeing to pay for "post-minority" support, then no, you do NOT pay those costs. You can call the domestic relations clerk in the county where the case is and ask their procedure on how to stop child support at 19. It should be a form and roughly $20-$30. Each... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Do child support payments have to go through the courts or can be paid directly to custodial parent?

We are going through a divorce and he had signed the settlement agreement however when the judge sent it back adding verbiage that the support be paid through the courts. I need to find out if this is a law or preference please. Thank you.

Kristine Jones
Kristine Jones answered on Jul 1, 2019

Hello. It is statutory law that child support payments be made through an Income Withholding Order (i.e. through the state child support payment system). The court does not handle any payments related to domestic matters.

However, the parties can agree on the order not being issued IF they...
Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: If the divorce papers say alimony is to be paid till a certain month and year. How do you stop it?

If they stay a certain month and year then does it stop then? How do we get it stopped when the divorce papers say so?

Kristine Jones
Kristine Jones answered on Jun 26, 2019

Hello, alimony will terminate when the decree states that it stops. If it is withdrawn automatically from a paycheck, then you may need to have an attorney file a termination on your behalf. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: My ex-husband and I waived our rights to alimony and child support. If I remarry can he sue for child support?

Our plan is to work toward 50/50 when I become more financially stable.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 26, 2019

First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Alabama on
Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my son since he... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jun 20, 2019

The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: How do I stop wage garnishments that we’re supposed to be ended by a judges order?

A stop withholding order was issued by a judge but my paychecks are still being garnished months later. I was current on all payments and not behind at all. Do I contact my employer or the child support payment system? My lawyer hasn’t responded.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 20, 2019

It is a simple process to file to stop an IWO once there is a Court Order to do so. I see that you are represented by counsel, so you need to contact your lawyer. I assume there is a Court Order saying you no longer owe support and have no arearrage.

2 Answers | Asked in Child Support for Alabama on
Q: I have filled for a modification of my support an a date has been set what happens if I cant make it to court
Kristine Jones
Kristine Jones answered on Jun 19, 2019

Hello, you will need to ask the Court for a Continuance. Depending on your reason, the Court will decide if it will continue your case to another date. If you don't file a continuance OR are not granted one, AND you don't show up, it is highly possible your case will be dismissed. Best of luck!

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Adultery, Divorce, Custody/Child Support and Alimony

My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 13, 2019

You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »

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