Alabama Child Support Questions & Answers
Q: If the father is paying child support can the child's mother keep the dad from seeing child?
1 Answer
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in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Mar 21, 2019
Answered on Mar 21, 2019
Shane Michael Oncale's answer
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child...
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child...
Q: If the mother lets the child live with father. is there a way to stop cs without court? We both live in different states
Kristine Jones' answer
Hello, these heat way to stop child support is through court approval. It is for your protection to do so, otherwise you risk still having to pay the last two years of child support. Arrears will build and it is easier if you go to court now to stop it. The other issue you have is that all three of you have now left Alabama. Depending on when you left, you would need to file your modification of custody and child support in Florida since that is where the child is located. You need to seek...
Hello, these heat way to stop child support is through court approval. It is for your protection to do so, otherwise you risk still having to pay the last two years of child support. Arrears will build and it is easier if you go to court now to stop it. The other issue you have is that all three of you have now left Alabama. Depending on when you left, you would need to file your modification of custody and child support in Florida since that is where the child is located. You need to seek...
Q: Can I stop child support if me && my childs father agrees to it?.
Kristine Jones' answer
Hello, you would need to go back to court to have the child support and possibly custody modified. It helps that you both agree; however, child support is not waived just because mom and dad have had a change of heart. Please contact counsel in your local area to help navigate the court system and do the proper filings. Best of luck and congrats on working things out!
Hello, you would need to go back to court to have the child support and possibly custody modified. It helps that you both agree; however, child support is not waived just because mom and dad have had a change of heart. Please contact counsel in your local area to help navigate the court system and do the proper filings. Best of luck and congrats on working things out!
Q: Can the mother stop the child support at anytime ?will the father still be liable for arrears and interest?
Shane Michael Oncale's answer
Only a court with proper jurisdiction can make any change to child support. No court has the ability even if good cause is shown to forgive child support once the time for its payment has passed. If the payor of child support is in an accident and slips into a coma for a year child support will continue to accrue during that year and if when he is out of the hospital he files a petition with the court to forgive that child support the court will have no authority to do so. You must return to...
Only a court with proper jurisdiction can make any change to child support. No court has the ability even if good cause is shown to forgive child support once the time for its payment has passed. If the payor of child support is in an accident and slips into a coma for a year child support will continue to accrue during that year and if when he is out of the hospital he files a petition with the court to forgive that child support the court will have no authority to do so. You must return to...
Q: If a mother can be proven unfit can she be put on child support?
1 Answer
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in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Q: I have two daughters, my oldest one will be 19 in two months. What do I need to do to get my child support reduced?
Kristine Jones' answer
Hello. Since you have two children, you would need to file for a modification of child support with reasons being she will be 19 in a few months. I would reccomend having a consultation with an attorney in your area. My experience has been these motions are set for a hearing so a judge can either speak with your attorney and/or take testimony on the record. Local counsel can give you a better idea as to how your area handles these matters. Best of luck!
Hello. Since you have two children, you would need to file for a modification of child support with reasons being she will be 19 in a few months. I would reccomend having a consultation with an attorney in your area. My experience has been these motions are set for a hearing so a judge can either speak with your attorney and/or take testimony on the record. Local counsel can give you a better idea as to how your area handles these matters. Best of luck!
Q: Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?
Shane Michael Oncale's answer
You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck down as unconstitutional as it provided a benefit to children of divorce not afforded to children with parent who remained married. The court will still enforce written agreements as any other contract...
You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck down as unconstitutional as it provided a benefit to children of divorce not afforded to children with parent who remained married. The court will still enforce written agreements as any other contract...
Q: My child is 14 and now lives with me. What do I need to do to stop court ordered child support.
Shane Michael Oncale's answer
You have to go back to the court that originally awarded custody and child support and modify both. You can't just flip custody between yourselves. The court has to sign off on what is in the best interest of the child. You do not immediately stop owing child support just because the child is living with you either. The court does not have the authority to forgive any child support that accrued before a filing is made with the court. You need to file as soon as possible and keep paying...
You have to go back to the court that originally awarded custody and child support and modify both. You can't just flip custody between yourselves. The court has to sign off on what is in the best interest of the child. You do not immediately stop owing child support just because the child is living with you either. The court does not have the authority to forgive any child support that accrued before a filing is made with the court. You need to file as soon as possible and keep paying...
Q: What motions should I file to get my son back asap?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Feb 27, 2019
Answered on Feb 27, 2019
Shane Michael Oncale's answer
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can...
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution. Second, you should file a Petition for Habeas Corpus seeking an expedited order to have the father produce the child before the court and explain his actions. Obviously these are not things you can...
Q: Paying child support and giving up rights
Kristine Jones' answer
Hello. Yes, giving up your parental rights does not extinguish the right to support your child has from his or her biological parents. If mom is not letting you see your child and you WANT to see your child, then you will need to file custody papers to enforce your custody/visitation rights. Best of luck!
Hello. Yes, giving up your parental rights does not extinguish the right to support your child has from his or her biological parents. If mom is not letting you see your child and you WANT to see your child, then you will need to file custody papers to enforce your custody/visitation rights. Best of luck!
Q: If the father isn’t on the birth certificate, how do I go about getting full custody and child support ?
Kristine Jones' answer
Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child support/custody. During that matter is when paternity will need to be established. At least one court appearance will be required. Second, terminating someone's parental rights is a more challenging...
Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child support/custody. During that matter is when paternity will need to be established. At least one court appearance will be required. Second, terminating someone's parental rights is a more challenging...
Q: Can me and my wife agree to coparenting and neither one of us pay child support? Is there anyway to just be civil?
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Alabama
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.
You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.
Q: My son has his GED but not staying with his mother, she is still getting the child support. Can the support stopped?
Mr. James Parrish Coleman's answer
You did not say how old he is. If he is self supporting and 18 years old, he might be able to be emancipated. Otherwise, you have to keep paying support...... but you should be ordered to pay it to the people who are supporting your son. If he has moved out.... what don't you ask for custody of him?
You did not say how old he is. If he is self supporting and 18 years old, he might be able to be emancipated. Otherwise, you have to keep paying support...... but you should be ordered to pay it to the people who are supporting your son. If he has moved out.... what don't you ask for custody of him?
Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.
Shane Michael Oncale's answer
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Q: Is being order to pay child support the same as a civil suit?
Mr. James Parrish Coleman's answer
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Q: My husband and I are separated but not divorced. There currently is no custody agreement.
Mr. James Parrish Coleman's answer
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
Q: I've been paying my ex child support for my kids for 16 years now. All of a sudden she gets mad at me and files to go to
Mr. James Parrish Coleman's answer
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Child support is payable according to incomes and what the state says you should be paying. If she goes to court, you may have to pay more money. How old are the children? SHe can't collect support on a child who is 19 years old or older
Q: Could you please tell me the exact forms that I need to file with the court to have child support/IWO terminated at 19?
Kristine Jones' answer
Hello, thank you for mentioning me in your question! The forms that are available to everyone for free on the internet are CS-44 and CS-45. Please read the forms carefully and provide the information they ask for including the fee to the clerk. If you have further questions, you could contact the clerk 's office in the county you intend to file. I do not practice in Fairhope, so they may require other or additional forms or information. Best of luck!
Hello, thank you for mentioning me in your question! The forms that are available to everyone for free on the internet are CS-44 and CS-45. Please read the forms carefully and provide the information they ask for including the fee to the clerk. If you have further questions, you could contact the clerk 's office in the county you intend to file. I do not practice in Fairhope, so they may require other or additional forms or information. Best of luck!
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