He is manic depressive bipolar with violent tendencies. We have a 2 almost 3 year old and 4 animals. We rent our house and he is the main provider.
Hello, you asked your question in the Alabama forum, but it appears you are in Miami, FL. Regardless, where ever you are located, seek out a legal services office, or other pro bono/income based program in your area. Thanks for the question and good luck!
and there mother has been working and has not turned it in
Hello, child support stops at age 19 in Alabama, unless you agreed to extend it, or a child is disabled and in need of continued support. Mom does not have an obligation to update her income. If she's working and you believe it is more than a 10% change from when CS was last calculated, it is up to... Read more »
What can I do about getting a new court date without getting a failure to appear?
Hello. You can call the clerk's office, let them know what's going on, and ask for a continuance.
She has blatantly stated she wants nothing to do with me and has refused to come for my court ordered visitation weekends. I have 3 others that visit regularly but she refuses saying she hate me. Can I stop child support on her considering she wants nothing to do with me?
Hello. No, the rules do not contemplate stopping child support for this reason. Unless there is a safety issue, your 10 year old child does not get to decide who she does or does not want to be with or visit. There are several ways to handle this issue legally, but if you've not talked to mom about... Read more »
He never gives me a receipt or the proper amount he is ordered and its random months and amounts . And wants to give me sole custody only if I do away with child support
Hello. No, it is not a gift. It is child support that should be going for the costs associated with raising your child(ren).
I haven't seen or spoke to my son's father in years .but he is a known drug addict and has no job.will i even get support cause I know he doesnt have a job or any money ?
It can be ordered, but it is unlikely that he complies with the order voluntarily. Retaining counsel or seeing if DHR can assist would be my advice.
Is continuously spending his support on herself and her other kids. I buy clothes , medical insurance and am constantly being asked for more money for his needs. I dont mind paying for what he needs but this expense should be majoritly covered by support.Is there any alabama laws regarding how she... Read more »
Hello. The short answer to your questions is no. My question to you is, if you are paying child support, why are you still giving mom money? Do you give it directly to your child? Do you pay the money for his "needs" directly to the place asking for it? e.g. the soccer club, football team, doctor,... Read more »
The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL... Read more »
Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one... Read more »
She threatens us all the time to do this if we don’t “give” my stepson whatever he wants. Now it’s a 20k car. The divorce decree states nothing about my husband being responsible for solely purchasing him a vehicle. Me and my husband have been married for almost 10yrs. Of course since this... Read more »
Child support is statutory, so consulting with an attorney can at least give you the perspective of whether or not the matter is worth pursuing or not. If she has yet to file a petition then do know that any modification can only go from the date of the petition being filed and won't be... Read more »
Case and 340 for the other Wich leaves him with nothing to live off of...hes this legal we are in alabama thats 1386 monthly income
Child support is statutory and although there are exceptions, it might be time to retain the services of an attorney in that jurisdiction to determine what the proper amount is and file the proper paperwork with the courts to achieve the same.
Through the mechanisms of discovery most any information can be found out. It can be quite complicated to navigate, so a skilled attorney should always make determining things of this nature much easier than if you go it alone.
Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?
Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the... Read more »
This should be a qualifying change, but it must be updated with the courts and other agencies in order to take effect. Hiring a competent attorney would definitely be recommended to assist you with the process.
A month in child support that basically leaves him with zero income after taxes..is this legal? We are in alabama
Child support guidelines are statutory and the formula and it's exceptions can be found in Rule 32. Hiring a skilled attorney that can help you decipher exactly everything that means in any given situation is definitely recommend.
actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?
Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!
I made the mistake of paying my ex in cash for child support. I do have bank statements that show the exact amounts I withdrew and each time and I also have his mother who is willing to testify that I did pay him. (He lives with her and majority of the money went to her for bills.) Will the judge... Read more »
Hello. This is really more of an evidence question, subject to the rules of evidence when it is offered at the hearing. Evidence questions and proof of your case is best discussed with your attorney. Best of luck!
My ex and I go through the courts to modify child support. If my ex receives a raise (5k a year) But doesn't tell me until a year later, do the courts go back for retropay?
Hello. It depends. The judge has discretion about those matters and may take into account various actions by the parties. However, neither of you are obligated to disclose your income to the other, unless you are in litigation. Best of luck!
My fiance and I have been together for 1.5 years. We moved in together and have lived together on and off for a little over a year. He has 6yo twins and has 'Schedule A' visitation. Their mom has violated the visitation by weaseling her way around the agreement and 9/10 times stays at his M-I-L's... Read more »
Hello. I do not practice in or around Gulf Shores, so your reference to "Schedule A" visitation may be something that is local to Baldwin/Mobile counties. Without having the exact language of the visitation, it's impossible to say whether or not there is merit to her concerns. It is not uncommon to... Read more »
I'm soon to be having a baby and know who the bio father is but he has been absent and not in contact since the first couple months of the pregnancy. I have been in a relationship with another man for the majority of the pregnancy and he is happily willing to claim paternity of this child despite... Read more »
Hello. Whomever is listed on the birth certificate or signs an acknowledgment of paternity will be the man responsible for child support, unless there is a court action to prove otherwise. Falsely putting a name on a birth certificate or paternity acknowledgement will only create an expensive mess... Read more »
her dad pays child support directly to her and mentioned it would be stopped after her May 2020 College graduation. she is pursuing Graduate School, what does the law say regarding Graduate school and dependants ( she will not be working full time)
Hello! Post minority (after age 19) support is no longer allowed in Alabama and has not been allowed for several years. Without looking at the order or your agreement, you are bound by whatever it says. As far as the law on graduate school students and owing them child support in 2020, it would say... Read more »
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