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Alabama Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Can they keep my kids away from me

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

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 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
Kristine Jones
Kristine Jones
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!

1 Answer | 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!

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
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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
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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
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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
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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 »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
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1 Answer | Asked in Child Support for Alabama on
Q: In the state of Alabama, child support ends at age 19. If the child is in college, does the child support continue?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 2, 2021

2013 Alabama Supreme Court decision in Christopher v. Christopher stated that, parents are no longer obligated to pay college tuition costs as a part of child support payments. However, if at the time child support was established or modified the parents made an out of court agreement for those... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and leaving for the military. Can I be taken off child support? We live in Alabama.

Is she considered emancipated, leaving at 18 for the military?

Kristine Jones
Kristine Jones
answered on Jun 11, 2021

Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2021

Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

1 Answer | Asked in Child Support for Alabama on
Q: Filed for child support against husband. We got back together and he lives with us. He owes $6,000. How can I stop it
Kristine Jones
Kristine Jones
answered on Mar 1, 2021

Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones
answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
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Shane Michael Oncale
answered on Feb 13, 2021

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... Read more »

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Alabama on
Q: Custody/divorce paper does not include taxes. Now being threatened with jail for claiming 1 of 3 children. Best option?

I pay child support on time and am a full time college student.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 8, 2021

You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.

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