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.
I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my son since he... Read more »
The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step...Read more »
My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »
You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for...Read more »
The child will still be primarily supported by the custodial parent. For child support to continue by the non-custodial parent past age 19, is the child NOT allowed to have a part time job while in college?
First, when was the order rendered? If the order is after a case called CHristopher, then no child support can be ordered after the child turns 19. If the order is pre-Christopher, then college expenses can be part of the order. However, the amount of the support is based on need and would depend...Read more »
She has no job and hasn't had one in over two years. She depends on him and he barely works 40 hours a week. They constantly leave firearms laying around in the living room and on counter tops where her oldest (5 years old who she only gets every other weekend and is supposed to be paying child... Read more »
You are on the right track in filing for a divorce. You should ask for custody of the child and be ready to try the case. Your best option? Hire an attorney who knows how to try a case like this. You should ask for custody of the child during the pendency of the divorce
If the child was born during a marriage, the legal father of the child is the husband of the mother. If he does not deny the child, then the biological father has no rights to the child and cannot even bring a lawsuit. See a case called Ex parte Presse. There is no way around this. The situation is...Read more »
I am the mother of a child. Her dad and I were never married. We did sign an affidavit of paternity at birth. I have started a case with DHR for child support. Am I automatically considered the custodial parent or do I have to petition for custody? The child primarily lives with me and I am... Read more »
A month before she was due she told me she had an abortion but yesterday I found out she had the baby, I had no clue she existed, we don't live in the same town and I really believed she had a miscarriage. She kept the whole pregnancy a secret and no one even knew she was pregnant until this... Read more »
THis is always an interesting situation. If the married woman has a baby, and the husband (who is the legal father of the baby -- not just the presumptive father ) accepts the child as his own, there is nothing you can do. (See a case called Ex Parte PResse) The question for you is this: does the...Read more »
Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which...Read more »
Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.
I am 13 years older and she abuses alcohol and is adopted she is abusive and has emotional problems and her sister is almost 25 and still lives at home she cares more about her friends than me and I want to get custody of my son I paid on the mortgage and everything else as well but she is very... Read more »
In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the...Read more »
The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with...Read more »
furnished apt. I do not feel I have enough proof he's living in a safe environment for our 3 year old. I found out he used to live in his car and that could be the case today as far as I know. He states he's unable to provide photos because he hasn't moved in yet. He also will not let me know... Read more »
The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are...Read more »
She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.
It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether...Read more »
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...Read more »
The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it
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...Read more »
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