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Alabama Child Support Questions & Answers

1 Answer | Asked in Child Support for Alabama on

Q: How does my husband go about getting his chid support payments modified? He’s making less money now.

Kristine Jones answered on May 16, 2019

Hello. He will need to file a Petition to Modify with the Court that entered the child support order. Best of luck.

2 Answers | Asked in Child Support for Alabama on

Q: My son and ex-daughter-in -law have been divorced 4 yrs. She was ordered to pay child support and has never paid a penny

My granddaughter just turned 18 and now she is saying she doesn't have to pay. What does my son need to do to collect ?

Kristine Jones answered on May 2, 2019

Hello. He needs to file for contempt, also known as "Rule Nisi" as soon as possible. The age of majority is 19 in Alabama, not 18. So, she has at least one more year to pay child support. He should seek counsel and speak with her/him about the best course of action given his specific set of... Read more »

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1 Answer | Asked in Child Support for Alabama on

Q: My son has been living with me for over a year. How do i stop child support?

Mobile, Al

My ex wife has custody of our 13 year old son, but he's been living with me for over a year because of her job. She doesn't want me to pay child support anymore since I'm supporting him full time. I've called the courts and they say I need a hand written letter stating why I... Read more »

Kristine Jones answered on Apr 25, 2019

Hello, what you would need to file is a modification petition. Typically there is a filing fee paid, but you could also file an Affidavit of Substantial Hardship in hopes of having the filing fee waived. Judge's make that determination within his/her discretion. Whether you file for modification or... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: Is there a way to report that the custodial parent has failed to report her income?

My spouse pays over $600 per month in child support for one child, the mother has since moved in with her mother, works a full time job, and receives state and government assistance. Is it mandatory that she report her income? Or would he need to file a petition?

Kristine Jones answered on Apr 15, 2019

Hello. It is not required that she report her income. He would need to file for a child support modification petition in order to recalculate the amount owed.

Best of luck!

1 Answer | Asked in Child Support for Alabama on

Q: Child support

I signed my son father up for child support thru the dhr office in August of 2018 and they keep telling me that they haven’t verified his address when I gave them his right address and his work address. Is there anything I can do to move the process alone faster ?

Mr. James Parrish Coleman answered on Apr 9, 2019

They must have his address so they can serve him. If you want to move things along, help them find him.

2 Answers | Asked in Child Support for Alabama on

Q: When is it okay to sue a father for child support?

Kristine Jones answered on Apr 7, 2019

Hello, if you and the father are getting a divorce, then child support should be addressed. If you and the father were never married, then when he stops providing financial support equal to or greater than what the state believe his amount of support obligation for the child. Your child is owed a... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

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.

Kristine Jones answered on Apr 2, 2019

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 »

2 Answers | Asked in Child Support for Alabama on

Q: I have two children with my ex husband; one of whom is soon to be 19. My ex has already expressed his intention of

halfing his cs at that time. Based on what I have read on here he cannot just do that; however, he has always just given me a check every month rather than it being held from his check so I don't know how this affects what happens when my oldest turns 19. Also, the younger child will be 19 next... Read more »

Shane Michael Oncale answered on Mar 26, 2019

If he half his child support he will be in contempt of court. Wait for him to half his payment a couple of times and then file a petition for contempt and to recalculate child support. The Alabama child support case law that allowed for post secondary support was struck down as unconstitutional.... Read more »

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2 Answers | Asked in Child Support and Family Law for Alabama on

Q: Two kids same ex wife, 1 will be 19 years old? Can i request stop the child support of the 19th years old in Alabama .

I pay $600 monthly (in the documents said i should pay 160 total but i was adding money a few times tru the years until i got to this amount), this is the total for both kids but papers don't specify anything for each except 160 total , my kid are from same ex wife. They live in alabama, i live in... Read more »

Shane Michael Oncale answered on Mar 24, 2019

The only way to get out of child support for you child that has aged out is to go back to court and recalculate child support for one child. Unless you can reach a blind agreement with the mother on the amount to be paid and filed an uncontested modification you are going to be in a position where... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

Shane Michael Oncale answered on Mar 21, 2019

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 »

2 Answers | Asked in Child Support for Alabama on

Q: If the mother lets the child live with father. is there a way to stop cs without court? We both live in different states

We got divorced in Alabama but now she lives in Georgia and I in Florida. My daughter just moved in with me 2 weeks ago. She is 17 years old and about to graduate school early. I need the support so i can help her go to collage. I do not even want support from mother its just what i pay would help... Read more »

Kristine Jones answered on Mar 20, 2019

Hello, these heat way to stop child support is through court approval. It is for your protection to do so, otherwise you risk still having to pay the last two years of child support. Arrears will build and it is easier if you go to court now to stop it. The other issue you have is that all three of... Read more »

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1 Answer | Asked in Child Support for Alabama on

Q: Can I stop child support if me && my childs father agrees to it?.

Me && my childs father went to court in September about custody. He put himself on child support, but now we are finally trying to get back on good terms && moving back in with each other && want the child support to stop. Can we agree to stop it, or is it the law in Alabama that child support... Read more »

Kristine Jones answered on Mar 18, 2019

Hello, you would need to go back to court to have the child support and possibly custody modified. It helps that you both agree; however, child support is not waived just because mom and dad have had a change of heart. Please contact counsel in your local area to help navigate the court system and... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: Can the mother stop the child support at anytime ?will the father still be liable for arrears and interest?

Shane Michael Oncale answered on Mar 18, 2019

Only a court with proper jurisdiction can make any change to child support. No court has the ability even if good cause is shown to forgive child support once the time for its payment has passed. If the payor of child support is in an accident and slips into a coma for a year child support will... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on

Q: If a mother can be proven unfit can she be put on child support?

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

Kristine Jones answered on Mar 16, 2019

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 »

1 Answer | Asked in Child Support for Alabama on

Q: I have two daughters, my oldest one will be 19 in two months. What do I need to do to get my child support reduced?

I live in Alabama

Kristine Jones answered on Mar 11, 2019

Hello. Since you have two children, you would need to file for a modification of child support with reasons being she will be 19 in a few months. I would reccomend having a consultation with an attorney in your area. My experience has been these motions are set for a hearing so a judge can either... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on

Q: Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?

The non custodial parent has agreed to pay after the child turns 19th for the first 4 years.

Shane Michael Oncale answered on Mar 8, 2019

You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck... Read more »

1 Answer | Asked in Child Support for Alabama on

Q: My child is 14 and now lives with me. What do I need to do to stop court ordered child support.

Shane Michael Oncale answered on Mar 8, 2019

You have to go back to the court that originally awarded custody and child support and modify both. You can't just flip custody between yourselves. The court has to sign off on what is in the best interest of the child. You do not immediately stop owing child support just because the child is... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Alabama on

Q: What motions should I file to get my son back asap?

My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »

Shane Michael Oncale answered on Feb 27, 2019

First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution.... Read more »

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1 Answer | Asked in Child Support for Alabama on

Q: Paying child support and giving up rights

If I give up my rights to the child am I still liable to pay child support because she won't let me see the child

Kristine Jones answered on Feb 22, 2019

Hello. Yes, giving up your parental rights does not extinguish the right to support your child has from his or her biological parents. If mom is not letting you see your child and you WANT to see your child, then you will need to file custody papers to enforce your custody/visitation rights. Best... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on

Q: If the father isn’t on the birth certificate, how do I go about getting full custody and child support ?

He’s been in an out of jail, addicted to drugs and wants nothing to do with her. I want rights taken away but he’s not on the birth certificate.

Kristine Jones answered on Feb 18, 2019

Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child... Read more »

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