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Alabama Child Support Questions & Answers
2 Answers | Asked in Child Support for Alabama on
Q: Father of my child now makes less than me so he told me I can't put him on child support, is this true
Sheila Crumley Field
Sheila Crumley Field answered on Aug 12, 2020

No. It’s not based upon who makes the most. It’s based upon yours and his combined income and a percentage of the amount of child support proportionate each of your incomes. If he is unable to work, then the child support can be continued until he is back able. If he is unemployed you can still... Read more »

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2 Answers | Asked in Child Support for Alabama on
Q: What if the father signed the affidavit of paternity but isn't biologically can he still be held for child support
Sheila Crumley Field
Sheila Crumley Field answered on Aug 9, 2020

Probably not. He still has to come into court and be adjudicated the legal father. At this point he can ask for a paternity test and if it shows he’s not the father then he will not be liable for child support. On the other hand if he comes into court and says the child is mine, I don’t want a... Read more »

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1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: I have physical custody of my son and his dad pays child support. There is a visitation schedule that we are supposed

To follow but of course he sees him maybe once a month and talks to him maybe once a month. Can I file for full custody or say he’s abandoned him and receive more child support?

Sheila Crumley Field
Sheila Crumley Field answered on Aug 7, 2020

No that’s not how it works..

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Hi my 17 yrd nephew possibly got a girl pregnant he wants nothing to do with the twins if they are his what can we do

The girl kept the pregnancy a secret until the day she delivered my sister is going to do a dna test but what can he do if he doesn’t want to be in their life

Kristine Jones
Kristine Jones answered on Aug 7, 2020

Hello. He doesn't have to be in their life, but if he is found to be the biological father (proved via official DNA testing), then he'll be paying child support for the next 19 years.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My son just turned 18 last week. He did not finish school or graduate. He is HF Asperger's, and has tried to work.

His anxiety was too bad to continue. His dad has stopped child support, but I'm confused as to where it's 18 or 19 in Alabama. I see 19,with stipulations. Help please, thank you!

Sheila Crumley Field
Sheila Crumley Field answered on Aug 6, 2020

It’s 19 In Alabama. He has to pay until your son turns 19, which is the age of majority in Alabama. Additionally have you thought about applying for disability for your son? Especially if a doctor recommended or diagnosed him with a condition that makes it impossible for him to work. You might... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: I have primary custody, he has visitation. He hasn't paid but $160.00 all yr 2020. It's court ordered that he pay $200

a month. He only picks them up maybe once a month for only a few hrs. Has already had dhr called before. What can I do about it?

Kristine Jones
Kristine Jones answered on Aug 4, 2020

Take him back to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: HOW OLD DOES A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH IN ALABAMA?
Kristine Jones
Kristine Jones answered on Aug 3, 2020

Hello, 19 is the age when a child becomes an adult and can make that decision. Alabama has no age before that time at which a child can pick a parent. That said, as a child matures, he/she becomes better able to articulate to the judge why it is in her/his best interest to live with one parent... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: If child support is to be discontinued at child birthday 8/20 can court reinstate due to college expenses

Also can he drop her from his family insurance coverage

Sheila Crumley Field
Sheila Crumley Field answered on Aug 1, 2020

It must stop at the childs 19th birthday. However if college expenses were reserved in the divorce decree then you can file for a modification prior to the child turning 19, in order to ask the court to extend the child support as college expenses. Also while the child is enrolled as a full time... Read more »

2 Answers | Asked in Family Law and Child Support for Alabama on
Q: My daughter is 18 and joined the Alabama National Guard does my ex still pay til she is 19.
Sheila Crumley Field
Sheila Crumley Field answered on Jul 29, 2020

Yes. He is under a court order to pay you until her 19th birthday.

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1 Answer | Asked in Child Support for Alabama on
Q: In alabama is it legal for my ex to keep receiving child support payments if my son is not living with her?

Also I had him in school, providing for him and still paid support

Kristine Jones
Kristine Jones answered on Jul 28, 2020

Yes. You can go back to court and change custody so you can stop paying her.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Doed back child support start the first day you got custody or the first day you filled the petition for child support?

My sister has had full custody of my children for 3 years. But she just recently filled for child support about a year ago. Will the back child support go back to the day she got my kids 3 years ago or does it go back to the day she filled the petition for child support 1 year ago?

Kristine Jones
Kristine Jones answered on Jul 27, 2020

Hello. The judge will decide the date it starts. Thanks for your question.

1 Answer | Asked in Child Support for Alabama on
Q: how do i get court ordered child support after 9 years and never paid a dime

i have been divorced for 9 years, have 2 daughters 15 and 19 from marriage. judge ordered $481 a month in child support. Father never paid a dime. he remarried and adopted new wife's son and had 2 more daughters. what do I do? He has nothing at all to do with our daughters together... Read more »

Kristine Jones
Kristine Jones answered on Jul 23, 2020

Hello. You can contact DHR, file the case yourself, or hire an attorney. If you want to try yourself, call the clerk's office in the county where your divorce was finalized. Thanks for your question.

1 Answer | Asked in Child Support for Alabama on
Q: Can I restart child support after I stopped it 2 years ago ?
Kristine Jones
Kristine Jones answered on Jul 22, 2020

Hello. It depends on how it was stopped. Agreement, court order, etc.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If I dont send my son with his father due to non payment of child support what can happen?

We have been divorced for 5 years and in the last year he has not paid child support. What would happen if I refuse to send him to his father's house? His father doesn't live on his own. He lives with his mom and she pays for everything when our son is there. He doesn't even have his... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 22, 2020

You can be held in contempt of court which can carry a five day jail sentence for each time you refuse to send the child. Non payment of child support does not give the right to suspend visitation. Go to DHR and sign up for collection of your past due support. Good luck.

1 Answer | Asked in Child Support for Alabama on
Q: My kids are 15 and 16 years old l have had them since the where 6 months and 18 months old they have been with me all

This time I got a served a summons today saying that my ex wife wants custody of both children and is seeking child support is there anything that I can do to keep my kids

Kristine Jones
Kristine Jones answered on Jul 20, 2020

Hello. Yes, you can fight for custody.

1 Answer | Asked in Child Support for Alabama on
Q: My ex husband won’t tell me his new job information. How can I file for child support to be garnished?
Kristine Jones
Kristine Jones answered on Jul 20, 2020

Hello. You'd need to file a case and utilize the discovery process to get the information needed. Best of luck!

1 Answer | Asked in Child Support for Alabama on
Q: If non custodial parent owes arrears of over $50,000, and just got released from Federal Prison,how can I collect

Child is 23yrs old, and non custodial parent hasn’t paid , what can I do to still collect

Sheila Crumley Field
Sheila Crumley Field answered on Jul 20, 2020

Unless he’s working you still won’t be able to collect. However go to DHR and take a copy of your court order and they will start the collection process

1 Answer | Asked in Child Support for Alabama on
Q: can dhr include over time for a modification?i feel i have been screwed

went to court for modification dhr didnt even attempt to look at my finacial papers or records it doubled from 425 to 800 all because they included my over time i filed an appeal went back to court but this time i have a diffrent job so it lowered to 514 but while in court they admitted to using my... Read more »

Kristine Jones
Kristine Jones answered on Jul 17, 2020

Hello. Yes, overtime is included in child support. OT is one of those fluid issues that can usually be successfully argued against depending on the facts of the parties. However, technically speaking, Rule 32 along with case law allows for inclusion of OT in calculating CS. Thank you for your... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: If I marry a man with back child support due from his first marriage will my income change his child support payments?

Marry a man, he owes child support to his first ex wife wondering if my income would cause his child support payments to increase or if she could go after me and my income once we marry

Kristine Jones
Kristine Jones answered on Jul 16, 2020

No, your income will not change his payments. If you have joint financial accounts with him and the state swipes his tax refund, stimulus check, etc. because he owes arrears and intrest, then your monies are liable to also be swiped. If they are swiped, you would then need to bring that error to... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How can you get child support of you both agreed 8 years ago to none but he has nothing to do with the child or help?

We were divorced 8 years ago we have joint custody but it's more of I have full custody due to whenever he was suppose to have the child his parents had her. He only shows when its convenient such as birthdays and holidays. He claims her on income tax and I'm left with the... Read more »

Kristine Jones
Kristine Jones answered on Jul 13, 2020

Hello. There are several factual questions that need answering before you receive advice on going through DHR or not. Letting an attorney review your divorce documents will answer those questions and you can be properly advised at that point on whether you need to file in your DR case or open a... Read more »

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