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Alabama Child Support Questions & Answers
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 Child Support and Family Law for Alabama on
Q: Does both the CP (and/or DHR) and judge have to approve a child support arrears rebate request or can it just 1 of them?

I have been paying child support as directed by the latest support order (from 5 years ago) and have been consistent about it whenever I've had a job. The new order had an arrears amount added to it of over $3,400. There was a time where I was even paying extra (in hopes of paying down the... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

It is suggested that you contact a lawyer to have this issue addressed in court. Statements made outside of court will not modify an existing order.

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: 18 year old moved out of her mother's house to live with a friend. Should I file to terminate order for support?
Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

You could; whether or not it is a good time to file the petition is something that you may want to discuss with an attorney.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Should I file a missing person report and put up fliers around town on behalf my 10 yr son?

I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... Read more »

Bettie Carmack
Bettie Carmack answered on Apr 1, 2022

This is a great situation to seek the services of a paid attorney or an attorney with a charitable organization. The complexity of the situation will preclude most attorneys from being able to offer specific advise online. In addition, a public posting of strategy may be seen by the person alleged... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: Im ordered to pay child support to my kids grandmother, but they have never lived with her. Is it legal?

She gained temporary custody in 2010, but they have never lived with her. They were with their father and kept away from me. He passed away in July and now they live with me. She’s used them for benefits for child support, welfare assistance and food stamps be because of the custody order and... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 23, 2022

If there have been a change in circumstances, you can file a petition with the court to seek to modify custody, modify child support, or modify any garnishment order.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Divorced Child support/family court:

I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... Read more »

Bettie Carmack
Bettie Carmack answered on Mar 14, 2022

A request, publicly, for how to resolve a legal issue is a request that your case strategy be made public and said strategy could then be discovered by whoever is on the other side of your case. It is recommended that you contact a family law attorney for a paid or free consultation to get legal... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: if you agree on not having a custody agreement is it mandatory in divorce ?

Me and my wife are getting a divorce but we will handle everything with our son on our own , is it mandatory to have it in the divorce decree ?

Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

If you each have an attorney, you would need to discuss this with the attorneys.

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex has went to DHR over 5 months back support. She has not turned in her new income in 5 years. Help.
Bettie Carmack
Bettie Carmack answered on Mar 2, 2022

Your question is not clear. If the matter has been filed in court, both parties will have to state their income in order for the child support to be properly calculated.

2 Answers | 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
Bettie Carmack
Bettie Carmack answered on Feb 21, 2022

It would depend upon the reason she is not letting you see the kids and what the original order states regarding custody of the kids. You would likely have to file a petition to modify in the Court of original jurisdiction (Family/Domestic Relations or Juvenile Court). Child support is not... Read more »

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1 Answer | Asked in Child Support for Alabama on
Q: I am suppose to be recieving 2 yr back child support and have still never received anything. What do I need to do?

It's in the papers he is suppose to pay on top of his regular child support an additional 2 yrs back and it's been 4.5yrs and still nothing on back support has been received. What can or do I need to do?

Bettie Carmack
Bettie Carmack answered on Feb 18, 2022

You may could file a motion to hold a person's in contempt of court depending upon what the original court order stated.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: I have NO access to any money. My husband works fulltime and now wants a divorce how would I go about getting legal help

My husband and I have been married ten years and together 13. He is now wanting A divorce. We have A new 10 month old son and A 14 year old son( not his biological but he has been his dad since he was 2) I am A homemaker and he works fulltime. I have NO access to any of our money and I don't... Read more »

Bettie Carmack
Bettie Carmack answered on Feb 18, 2022

You can contact the state bar at alabar.org to get the name of pro bono lawyers who may help you for free or you can go to the bank to make sure you are not an authorized individuals on your husband's account. If your husband files the divorce you can counterclaim for divorce and ask for... Read more »

2 Answers | 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!

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1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Alabama on
Q: If The Parent Has The Child…Can The Parent File The Child On There Taxes

Because The Mother Think Just Because She’s The Mother she Can Do That

Bettie Carmack
Bettie Carmack answered on Feb 17, 2022

My best recommendation is to contact a tax professional or an accountant. Before doing that, you may want to review any custody orders to determine who can "claim" the child on taxes. If the matter is not addressed in the order, generally the custodial parent can claim the child on... Read more »

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 »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Moving Child Custody Case to Alabama from TN

I relocated to Alabama in June 2019. My custody papers were finalized and filed in TN. My ex is now relocating to Alabama from TN and has requested a modification of custody time and support. I am in agreement with the change in time, but he is also stating that his job will cease in a few months... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Oct 27, 2021

Tennessee no longer has jurisdiction in your case. You reside in TN, your child resides in TN and the father lives in TN. It is no more expensive to return to court in AL than it is to return to court in TN. There is a procedure to domestic, enforce and modify the TN judgment than any lawyer... Read more »

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