Lawyers, Answer Questions  & Get Points Log In
Alabama Child Support Questions & Answers
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
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.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can DHR child support case be used in custody battle?

My child’s father quit paying child support almost a year ago. I finally got DHR involved due to him refusing to help, pay support and always taking under the table jobs. I also have a custody date coming up soon. Can the DHR child support case be used in a custody battle along with the other... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The decision regarding custody depends on several factors, slightly different in each state. The court will looking at what is in the best interests of the minor. Payment or non-payment is generally not a factor itself, but can be used indirectly. Suggest you speak with a family law attorney in... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: If I'm paying child support arerrs and the parents passes away do i continue paying arerrs
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The answer is generally “no”. Howver, there are exceptions to that answer. Once such exception if you owe arrears to the state where deceased lived, by virtue of public assistance given to her for the support of the minor child.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can my ex go to jail if she has been keeping my child from me when we have a court order and I have been paying child?

We have been to court and we have a court order stating that I get her every other weekend from 6pm Friday to 6pm Sunday. I have been paying child support and have not seen my child one also she want give me a contact number or updates on my daughter.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

There are no criminal penalties for denying you court ordered parenting time. However, there are enforcement remedies in the family law court that can include sanctions for attorney’s fees and costs for having to return to court to enforce its orders. Additionally, dependent upon the nature of... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: My daughter turns 19 in March. Do I need to file a motion to stop the child support or will it stop automatically?
Kristine Jones
Kristine Jones answered on Dec 16, 2020

Hello. You will need to file a motion with the Court. Best of luck!

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 14, 2020

You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My son turned 18 and moved out of his mother's house to live with his girlfriend. Does child support continue ?

I am current on my child support

Paul Ylvisaker
Paul Ylvisaker answered on Dec 10, 2020

As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.

While the custodial parent is not entitled to the child support on...
Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can i get all rights to my son full custody would be even better??

My ex girl friend and i had a baby he is currently about 6 months old she split i haven't heard from our son in 2 months.we both made agreement off the record. That when she left i would keep in contact and i would get pictures from him everyday. I dont know where she is i dont know how my son... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 25, 2020

You need to see a domestic relations attorney as soon as possible to obtain legal representation and get something filed immediately to obtain custody of your son. Good luck

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »

Kristine Jones
Kristine Jones answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Child Support for Alabama on
Q: Can you file for child support if you aready did and didnt go thru wirh it? Can i file for child support again?

Me and father were trying to work on things but it seems he has went a-wall and now i cant get him to answer me. He has left me wirh no money a car that needs fixed and i have no job with raising 3 kids but 2 are his. I have no babysitter in the worst time right now and no way to get to a job.. My... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 21, 2020

Go to the local DHR. They will be able to file for child support. But in the interim, they will also be able to provide you with aide to dependent children until he gets served. They can also help with housing and also food stamps. Good luck!

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: the father has blocked me on every form of communication and to sign rights over. can i still get child support?

I’m only 3 months pregnant and he’s already said he wanted to sign his rights over because he wants nothing to do with me. he will no unlock me and refuses to help me out in any way. the only reason why he wants to sign his rights over are because he doesn’t want to pay child support. what... Read more »

Kristine Jones
Kristine Jones answered on Nov 16, 2020

Hello. Terminating his rights does not end the support obligation he has for the child. You need to contact DHR or hire an attorney who can establish custody and child support for you when the time comes (in about 6 months). Best of luck.

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: My husband's son starts college Aug '21 at 18yo. Will he still pay CS to the mother as well as half of college dorm?
Sheila Crumley Field
Sheila Crumley Field answered on Nov 11, 2020

He will pay child support until the son turns 19. Then he can go to the courthouse and fill out a Termination of Child support and file it with the court. If he is ordered to pay half of the tuition then he will have to continue to pay it. However if he is not court orders to pay for half of the... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Just found out husband has 17yr old, will back support be ordered?

My husband just found out he has a 17yr & the mom doesn't want us to have a relationship with the child, she's just asking for child support &we're not happy. The mom states that she knew he was the father and withheld this info for 17yrs. Will retro/back support be ordered?... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Nov 10, 2020

A lot going on here and let me say you need to get an attorney involved to make sure this all goes as quickly as possible. So to answer one of your questions you should definitely hire an attorney. Venues in Alabama vary on whether they will reach back to charge a father with back child support... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Does child support end at age 19?

I have read several conflicting things, some stating that support continues if the kid is 19 but is unemployed and attends college. Is this the case in Alabama as of 2020,or is it possible to terminate child support simply based on the child now being a legal adult?

Sheila Crumley Field
Sheila Crumley Field answered on Nov 9, 2020

Child support terminates upon the child attaining the age of 19 years, the age of majority in Alabama. You may petition the court for college expenses if the child is attending college. But you must do it while the child is not yet 19. Good luck!

1 Answer | Asked in Child Support for Alabama on
Q: How does filling out form CS 47, Child Support Information Sheet going to stop my arrears?

I was told to by the DHR rep to fill out the form CS-47,Child Support Information Sheet,saying they need information on both parties to stop the arrears and I need to write up a petition explaining what I want modified. It's the petition done by the courts/Lawyers ? Looking at this form CS-37... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 4, 2020

They need CS-47 just to file it. Then CS-37 is actually what needs to accompany it. And you won’t need a lawyer for either of those forms. Where it says attorney put the words “pro se” in that area. Good luck!

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My arrears is paid off, how do I stop the payments from coming out? What forms do I fill out ?

I made contact with the child support office in Shelby County, AL the office say I need to fill out a petition, she tells me CS-47, 'Petition for Termination upon Payment of Arrears' is that the petition I'm suppose to fill out. I just want some straight answers, so I can stop any... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 3, 2020

Go to eforms.alacourt.gov and look for form CS-37 which is the form Petition for Termination After Payment of Arrears. That’s the form

You need to fill out and file with the clerks office to stop the withholding. Good luck!

1 Answer | Asked in Child Support for Alabama on
Q: Will my fiance still owe child support or back child support if proven he is not the father? In Alabama.

My fiance strongly doubts his paternity for his alleged child and will be taking a DNA test soon to prove otherwise. If he ends up not being the father will he still owe child support or back child support.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 31, 2020

If he is not the biological father he will not have to pay child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.