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 »
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 »
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?
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.
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?
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answered on Feb 26, 2023
No, your age and status as an adult do not change based on the state in which you reside. Once you reach the age of majority in your home state, you are considered an adult and that status remains regardless of where you move within the United States. Therefore, as a 20-year-old who has reached the... Read more »
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
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... Read more »
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 »
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 »
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 »
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.
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 »
Currently, the online payment inquiry is showing $0 dollars. She turned 19 this month.
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 »
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 »
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.
Non Contested. Father walked out on me and our child in 2021 moving to MS as me (mom) and our child reside in AL. Filed for child support Dec 2021 through DHR. Case was sent to MS where father resides. His court date was last month. He was a no show. The judge place an order. Am I allowed to... Read more »
answered on Apr 5, 2023
Hello. Thank you for your question. You can contact the court clerk (or the equivalent) in the county where your case is in MS and obtain a copy of the order. Best of luck!
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.
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.
Is Cort order on the Case
answered on Dec 30, 2022
The noncustodial parent could be held in contempt for nonpayment of support.
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 »
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.
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!
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?
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!
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 »
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 »
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 »
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 »
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!
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 »
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 »
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