My sister moved to another state with her two younger children, age 12 & 16. She became homeless and could no longer afford to keep them. She dropped them off at her 22 year old home in Alabama. They were only was suppose to stay for the holidays. It’s been 4 months and she has not returned. They... Read more »
This honestly sounds like a situation where you might want to consider getting the Department of Human Resources involved. Also, I would recommend consulting with an attorney.
The divorce and child support agreement were originally in the county where my ex-wife still lives. I do not feel I am being represented. I am remarried. I just started a second job. I proactively asked the case worker to take child support out of my primary job before I got hit with the FULL... Read more »
Hello. DHR does not represent you, which is why you feel that way. They actually represent the person trying to collect child support. The Income Withholding Order follows you when you change jobs. It can only pull from the employers listed on the Order. So it absolutely can only come from one... Read more »
We have joint custody, he gets every other weekend visitation. During his visitation our kids have to witness his girlfriend verbally abuse him. She makes vile remarks about his man parts, yells and screams, becomes out of control on alcohol in front of the kids. Police have been called out... Read more »
Hello. You can try and file a PFA on behalf of your kids against the g/f. Or, file for a modification of custody and see if that gets the attention of dad regarding who he chooses to have around his children. Best of luck!
Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?
Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the... Read more »
actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?
Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!
I made the mistake of paying my ex in cash for child support. I do have bank statements that show the exact amounts I withdrew and each time and I also have his mother who is willing to testify that I did pay him. (He lives with her and majority of the money went to her for bills.) Will the judge... Read more »
Hello. This is really more of an evidence question, subject to the rules of evidence when it is offered at the hearing. Evidence questions and proof of your case is best discussed with your attorney. Best of luck!
My ex and I go through the courts to modify child support. If my ex receives a raise (5k a year) But doesn't tell me until a year later, do the courts go back for retropay?
Hello. It depends. The judge has discretion about those matters and may take into account various actions by the parties. However, neither of you are obligated to disclose your income to the other, unless you are in litigation. Best of luck!
My fiance and I have been together for 1.5 years. We moved in together and have lived together on and off for a little over a year. He has 6yo twins and has 'Schedule A' visitation. Their mom has violated the visitation by weaseling her way around the agreement and 9/10 times stays at his M-I-L's... Read more »
Hello. I do not practice in or around Gulf Shores, so your reference to "Schedule A" visitation may be something that is local to Baldwin/Mobile counties. Without having the exact language of the visitation, it's impossible to say whether or not there is merit to her concerns. It is not uncommon to... Read more »
It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.
Yes, you can. You can also move out whether or not you get married, so if you're getting married just so you can move out, don't bother. Just move out, Now, whether you OUGHT to do either one - get married or move out - are different questions, but with respect to whether you CAN do it, the... Read more »
Last year, 3 yrs after her divorce. The ex husband remarried. We had the grandchildren last summer. Step mom accused as of damaging the boys by disregarding her rules. We did not, but we did allow the kids more freedom—less chores, more playtime, later bedtime, and allowing them to sleep in.... Read more »
You can certainly involve the court in enforcing the rights you do have and perhaps petition to expand those rights. The issue of grandparent visitation is very controversial and subject to many constitutional challenges. Most judges and the legislature take an expansive view but the statute that... Read more »
Hello. Great question. Unless you agreed to continue paying support for some reason, or owe back child support, then your child support obligation after the date of adoption would have stopped. Not looking at your case, it's hard to give a more specific answer than that. If you want more specific... Read more »
You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... Read more »
My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »
Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their... Read more »
Was told I can’t get divorced while pregnant in Alabama but what if I can prove he’s not the father . We’ve been separated
I wanted a divorce but couldn’t afford to file and while separated got pregnant with another mans twins
Hello, this is a good question for someone who practices in your local jurisdiction. They can give you the best advice on if a pre-birth test would be admissible to proving your husband is not the father. Best of luck!
No contact in almost 2 years. Never really helped with anything for child. Was never married, just dating. Live in Alabama. I do not want child support.
Hello. You would need to go the your local juvenile court and speak with an intake specialist to file a TPR. You may also contact a local attorney and speak with them first about what options are available and which option is best given your particular facts. Best of luck to you and your daughter!
My child is 7 years old and her father does not provide any financial support. If pressed too hard for help will disappear for months to years on end. Will not voluntary give up rights and is not named on birth certificate. Never established paternity he has never held a job down for more than 6... Read more »
He does not have any rights. However you can terminate what ever potential rights he may have if you are confident he is the biological father. This is called a Termination of Parental rights.
I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.
If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »
Hello. You would need to file a Modification in the court action. Please seek local counsel in your area. Best of luck!
Our plan is to work toward 50/50 when I become more financially stable.
First, you cannot "waive your right to child support." Support belongs to your children. If you and he agreed that no support should be payable either way, and the court agreed to order that, your remarriage has no effect on support. It is based on your income only.
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