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Alabama Child Support Questions & Answers
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%... Read 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... Read more »

1 Answer | 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.

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 and Divorce for Alabama on
Q: My spouse and I want to get a divorce. neither one of us wants to pay child support. Is that possible in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Child support belongs to the child, and child support forms are required by law. There are certain circumstances where the parents can justify to the court that child support should not be ordered (for example, joint physical custody with equal parenting time; both of you make the same amount and... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Q: Will my adopted children factor into the amount of c.s. I pay to my paternal children in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

If you are paying child support for your adopted children, that will be a factor. However, if you are not paying child support for any other children or alimony to a former spouse, then it would not be considered. I am not sure if you are asking whether the number of people in your family is... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: NCP owes me roughly 36 thousand in arrears. He has been making his monthly payment as ordered but I would like to know

If I can collect on some of the delinquent monies owed. If so what do I need to file? Also I dont feel DHR is really on my side. NCP is lying about his income I have shown them where he has spent 70 thousand dollars in 2 years buying property but only claims 18 thousand a year.

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

You can file a petition to modify support to include an additional amount for arrears. There is a "do it yourself" petition available from the Alabama Office of Administrative Courts.

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: Can I give my child my husbands last name without giving him rights to my child?

I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy.... Read more »

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

If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: If my son's father is on his birth certificate, what rights does he have pertaining to custody?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

In the absence of an initial custody decision or child support determination, both parents have equal rights to the child. Alabama law favors joint custody and there are certain laws that permit parents to have access to information (like doctors, schools, law enforcement) regardless of a custody... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Huat happen if nancostudy parent don't pay child support on 5 years

Is Cort order on the Case

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

The noncustodial parent could be held in contempt for nonpayment of support.

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Can they keep my kids away from me

I left my boyfriend 4 months ago cause of domestic reason. We have 3 kids together. We were living in Jackson Al when this happened. He left and went to fort Payne Alabama with the kids . He hasn't let me get them or see them since and I've tried.. well now he's locked up in Cherokee... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 10, 2022

You have a hot mess here. You have to get into Court on this and file an action to establish paternity and custody. He is violent and you have been to jail for drug use. Find a lawyer you practices in your County and get this before a judge... the sooner the better.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge must approve a child support arrears rebate request or can just one of them?

I have been paying child support as directed by the latest support order (from 5 yrs ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of $3,474. There was even a time when I was living in AZ I was paying extra in hopes of paying... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

This appears to be a question concerning Alabama law. So you should ask it in Justia > Ask a Lawyer > Alabama.

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: My mom has my kids I pay child support and she won't let me see them what do I need to do
Kristine Jones
Kristine Jones
answered on Feb 21, 2022

Hello, thanks for your question. It depends on facts that are not listed in your question. You can file for visitation, modification, and maybe contempt if you've already been given visitation in an order. Anything filed would be on the Court where the last order was issued. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Is my son responsible for child support

My son is 19 in college and is now a father. We are trying to do the right thing. He does not have a job and is on full athletic scholarship. The baby is in alabama. Is he required to pay child support while in college?

Kristine Jones
Kristine Jones
answered on Feb 18, 2022

Thank you for the question. Yes, it does not matter if he is in college. He is an adult under the law and has an obligation of support to his child. Best of luck!

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: Does child support for 2 children suddenly drop in half when one child turns 19?

My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... Read more »

Kristine Jones
Kristine Jones
answered on Feb 16, 2022

Thank you for your question. No, that is not how child support is calculated. It should have been recalculated according to Rule 32 guidelines. A modification to recalculate should be filed to address the remaining child and enter an IWO so the arbitrary reduction in payments do not happen again.... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »

Kristine Jones
Kristine Jones
answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Child turned 18, graduated high school and is employed, can I petition to have child support dropped?
Kristine Jones
Kristine Jones
answered on Jan 12, 2022

Thank you for your question. Nineteen is the age of majority in Alabama. If your child is completely self-supporting financially, and you can prove it, then the Court may allow a modification but it's not a guarantee based on what you've said. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties

Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties so his Mother wants him to live with me instead. Since living with me i am going to spend money on him the Mother wants to waive / stop the child support.

Question:... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 24, 2021

Your thoughts on this are correct. You do need to go through the court system to end child support. You may be able to end child support without changing custody but you will have to provide an acceptable reason to the judge as to why child support would be waived. As always this should likely... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on Nov 1, 2021

There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.

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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... Read more »

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