Alabama Child Support Questions & Answers
Q: Can a bio father that’s been absent my child entire life get joint physical and legal custody?
Kristine Jones' answer
Yes, a biological father can ask a court for custody of a child that is his. The other facts you mentioned would be for the court to consider in its calculation of custody and the child support obligation, if any. You should seek legal counsel in your area, or an Alabama barred attorney in the area in which the case was filed. Best of luck!
Yes, a biological father can ask a court for custody of a child that is his. The other facts you mentioned would be for the court to consider in its calculation of custody and the child support obligation, if any. You should seek legal counsel in your area, or an Alabama barred attorney in the area in which the case was filed. Best of luck!
Q: If a man has 5/more children does it exempt him from paying child support? My daughter's boyfriend says that. He's on #4
Kristine Jones' answer
All children are owed support by their biological parents. The custody arrangement determines who is to pay and how much. The schedule for child support guidelines are calculated for up to six children, but that does not mean they would not calculate it for the 7th, 8th, 9th child, etc. It is not the 7th child's fault they were not born sooner and somehow that makes them ineligible for support.
The child support guidelines are available online to the public by doing an internet search...
All children are owed support by their biological parents. The custody arrangement determines who is to pay and how much. The schedule for child support guidelines are calculated for up to six children, but that does not mean they would not calculate it for the 7th, 8th, 9th child, etc. It is not the 7th child's fault they were not born sooner and somehow that makes them ineligible for support.
The child support guidelines are available online to the public by doing an internet search...
Q: Paying past medical bills after the child support was canceled by the judge
Kristine Jones' answer
It depends. Is this from a divorce? If so, what does your Settlement Agreement or final order say about medical bills? If this was just a child support matter, what does the original or last modified order say about medical bills? It all depends on what was agreed to or ordered by the Judge.
If there is no Order or agreement that says you are required to pay medical bills or pay them after 30 days of the bill being incurred, then no, you most likely to not have to pay.
If you...
It depends. Is this from a divorce? If so, what does your Settlement Agreement or final order say about medical bills? If this was just a child support matter, what does the original or last modified order say about medical bills? It all depends on what was agreed to or ordered by the Judge.
If there is no Order or agreement that says you are required to pay medical bills or pay them after 30 days of the bill being incurred, then no, you most likely to not have to pay.
If you...
Q: Does CS end at age 19 even if no age or other stipulations are stated?
Kristine Jones' answer
Hello, child support does not end automatically for any reason. You would need to ask the Court to end your child support for a reason e.g. the child is now 19. Good luck!
Hello, child support does not end automatically for any reason. You would need to ask the Court to end your child support for a reason e.g. the child is now 19. Good luck!
Q: If I have joint custody with the mother being custodial parent and equal visitation between the child why am I having
Kristine Jones' answer
Hello, without having the exact language from the order your question cannot be answered. Best of luck!
Hello, without having the exact language from the order your question cannot be answered. Best of luck!
Q: What steps do I need to take to have my child support modified for me maintaining health insurance coverage on my child?
Kristine Jones' answer
Hello, you would need to file a Petition to Modify. In most counties, those are between $200-$400 to file. You should seek out legal counsel in your local area to determine the best course of action based on your specific facts and circumstances. Best of luck!
Hello, you would need to file a Petition to Modify. In most counties, those are between $200-$400 to file. You should seek out legal counsel in your local area to determine the best course of action based on your specific facts and circumstances. Best of luck!
Q: Can my x, who is remarried drop childsupport / back childsupport ?
Kristine Jones' answer
The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.
Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should speak with a family law attorney in your area. Best of luck!
The new husband would only be able to adopt the child if the ex-husband legally terminates his parental rights. If that happened, then yes, current child support could stop.
Whether you and your husband are seeking adoption or to terminate your ex husband's parental rights, you should speak with a family law attorney in your area. Best of luck!
Q: Is child support mandatory in alabama. Divorce is final but nothing in the decree about child support being paid
Kristine Jones' answer
No, child support is not mandatory. It depends on the custodial arrangement between the parents and then it is calculated according to Rule 32. Good Luck!
No, child support is not mandatory. It depends on the custodial arrangement between the parents and then it is calculated according to Rule 32. Good Luck!
Q: If you have several kids by different mothers, does the amount of child support decrease for the most recent child?
Shane Michael Oncale's answer
As with most questions the answer is not that simple. Child support in Alabama is based on the gross income of both parents, the cost of healthcare insurance and the cost of daycare subject to a cap based on where the child lives. If a parent is paying COURT ORDERED child support for another child then the amount of that child support is deducted from that parents gross income for the determination of the support obligation for future child support determinations. It is not based on age but...
As with most questions the answer is not that simple. Child support in Alabama is based on the gross income of both parents, the cost of healthcare insurance and the cost of daycare subject to a cap based on where the child lives. If a parent is paying COURT ORDERED child support for another child then the amount of that child support is deducted from that parents gross income for the determination of the support obligation for future child support determinations. It is not based on age but...
Q: My daughter is 18 and will turn 19 in May. I pay current and arrears. Can I end the current support and only
Mr. James Parrish Coleman's answer
You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.
You can simply stop paying ONLY if she is the only child for whom you pay BUT in this case the judge probably said you will pay the same amount until the arrearage is paid off. Look the at the COurt order.
Q: I have custody of my 7 year old grandson who was recently diagnosed with Autism. Can I ask for cs from bio-parents?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Mr. James Parrish Coleman's answer
You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.
You say you have custody of the child. The order that established custody would have had to set out provisions for child support. Read that order and it will tell you. If there is no provision for child support, you can go back to the Court and ask that the parents of the child pay support.
Q: I am seeking child support but everytime they try to serve him the papers they can never find him what can I do
Mr. James Parrish Coleman's answer
This is much harder than you might first imagine. If you are attempting to get child support in a case where you were never married to the person the rules of Juvenile Court apply, and you cannot serve him by publication. If is it a marriage, you can serve by publication. You need to hire an attorney to look at your facts and tell you what to do. ALso, you might consider hiring an investigator to find the person.
This is much harder than you might first imagine. If you are attempting to get child support in a case where you were never married to the person the rules of Juvenile Court apply, and you cannot serve him by publication. If is it a marriage, you can serve by publication. You need to hire an attorney to look at your facts and tell you what to do. ALso, you might consider hiring an investigator to find the person.
Q: We live in Alabama but my son went to Florida and got married when he turned 18 shouldn’t this emancipate him
Kristine Jones' answer
This answer could be different if your CS order states it is different or if your agreement with different provisions was something you and the other parent signed, but CS typically ceases when a child gets married. You would need to file with the court asking for them to stop child support because the child married.
This answer could be different if your CS order states it is different or if your agreement with different provisions was something you and the other parent signed, but CS typically ceases when a child gets married. You would need to file with the court asking for them to stop child support because the child married.
Q: I don’t have custody of my kids age 5 and 12, if I give up my right to them will I have to pay child support.
Kristine Jones' answer
First, you are only required to pay child support if court ordered. An event like terminating your rights or voluntary relinquishing your rights would not generate an order of support. Second, if you were on child support though, you would only stop paying support upon adoption of the children by someone else.
First, you are only required to pay child support if court ordered. An event like terminating your rights or voluntary relinquishing your rights would not generate an order of support. Second, if you were on child support though, you would only stop paying support upon adoption of the children by someone else.
Q: My ex-husband has not paid child support in five months it is only court ordered not through DHR
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Oct 24, 2018
Answered on Oct 24, 2018
Shane Michael Oncale's answer
If he is ordered by a court to pay child support and is not doing so then you can take him back to court seeking that he be forced to show cause why he has not been paying and held in contempt accordingly. I assume from what you are saying he also has court ordered visitation. If so, it does not sound like that is going well either. Your option again is to take him back to court to adjust visitation so as to protect your children. There are some very good judges in St. Clair County. You...
If he is ordered by a court to pay child support and is not doing so then you can take him back to court seeking that he be forced to show cause why he has not been paying and held in contempt accordingly. I assume from what you are saying he also has court ordered visitation. If so, it does not sound like that is going well either. Your option again is to take him back to court to adjust visitation so as to protect your children. There are some very good judges in St. Clair County. You...
Q: My husband pays child support through DHR and his ex not letting his daughter vist is there anything we can do.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Q: My ex husband is garnished through his job for child support but still isn't paying what do I do?
Q: Does child support stop at 19? Or are there other reasons you have to keep paying?
Kristine Jones' answer
Unless you agreed to pay longer or your child is disabled, then child support ends at 19. You must file with the court to have it end though. Best of luck!
Unless you agreed to pay longer or your child is disabled, then child support ends at 19. You must file with the court to have it end though. Best of luck!
Q: In alabama if my son joins the army at 18 will my childsupport stop even though it states on my papers to the age of 19?
Kristine Jones' answer
Child support will not stop without an action asking the court to stop it. Best of luck!
Child support will not stop without an action asking the court to stop it. Best of luck!
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