Alabama Family Law Blog

For years, many of us involved in divorce and family law cases have recognized that the Alabama Child Support Guidelines are due to be updated.  Recently, the Advisory Committe on Child Support Guidelines and enforcement made recommendations to the Alabama Supreme Court to adopt certain changes that would update the guidelines.

I learned this morning that the Alabama Supreme Court has decided to reject the recommended changes.  Apparently, one of the Justices of the Supreme Court will make a written statement to the Committee advising them of the Court's concerns.  I will be very interested to see their comments. 

In the meantime, we will have to continue to use the guidelines that are currently in place.

An old girlfriend of my husband has contacted us and now says that my husband is the father of her almost 17 year old son. Paternity has never been established. Can she take us to court for back child support?

I am a divorced mother of a college student. My ex-husband has been ordered to pay for one half of our son's tuition. I understand that the state of Alabama limits his responsibility to four years. My son, however,will have to attend college for five years to earn his degree due to a transfer of schools. My question is; is my ex-husband responsible for the TWO SUMMER terms that he has and will attend as listed below? If so, where is this stated in Albabam State laws?
College Semesters
2003-2004 Fall, Winter, (Summer) Year one
2004-2005 Fall, Winter, Year two
2005-2006 Fall,Winter, Year three
2006-2007 Fall, Winter,(Summer) Year four

What is the definition of extraordinary medical expenses under AL law for child support cases?

I live in CA and four and a half years ago I found out that I have a daughter who now lives in Alabama. She is a product of a relationship that I had with a married woman while stationed in Ga in the late 80's
I visited her and imediately felt a connection with her and accepted her as my child and to this date I do not doubt whether or not I am the father. Without a court order I began paying 25% of my monthly income to her mother as child support. I have not missed a payment since I found out about her and have kept a copy of every check that I have sent her mother. I love my daughter and she loves me. Her mother wants a relationship with me now that she is divorced and threaten to take me to court for arrears if I don't give in to her sexual advances. I want nothing to do with this woman, but I do not want to damage my relationship with my daughter. My daughter will be 18 in April and will graduate from high school in May. Can her mother take me to court for arrears I didn't find out about my daughter until she was 14 years old and may I end the child support to her mom when she turns 18 since we have no court order for child support? I would much rather give the money to my daughter.

posted a while ago about PACT plan. Can you tell me your thoughts on when the PACT plan exists and portion paid into while married and the CP paid remainder... and NCP now married to employee at state university where children can attend college for half price tuition... how would this waiver be treated? Some say as a scholarship with that credit going to the NCP as they are brining it to the child by marriage to spouse... curious as to how judges would then make up determination of how fees will be spent... and one other thought, if NCP was willing to buy a home for children to live in.... in additon to the two scenarios above. thanks for the thoughts.

I understand in September a change in child support laws was rejected. Is there any update, or does the age of majority still remain at 19 years of age?

Joanna,

We are still waiting for the final word from the Supreme Court. So far the rules have not changed.

When will Montgomery Al. input a law for fathers to be put onwork release when they come to court without the money or job.

Can the exwife get back support for previous years even though the husband paid the "agreed" upon amount in a timely manner monthly? The children are now over the age of 19, and child support has now ceased, however the ex has just found out that the husbands income was more than she thought and she wants to get back pay. Again, all of his payments were timely and to the agreed upon amount. An exact amount was never given to the mother in relation to the husbands income, so no lies were ever told.

Rebecca,

That one I cannot answer. You'd have to check with your legislator, but I'm not aware of any movement in that direction. But, I do know that collecting child support can be a very frustrating process.

Amanda,

If I understand you correctly, the answer to your question is no. Once the children have reached the age of majority, the court loses jurisdiction to amend child support.

But, as always, I can't give legal advice on this site (only information and education). You should consider getting a consult with a qualified lawyer in your geographical area in order to obtain advice specific to your circumstances.

Good luck to you.

hi.. my son will graduate this may and he will be 18 in april... he lives in birmingham with his mom and i live in phenix city,.. he will attend troy university this fall... i've paid child support since we were divorced in feb 97.. without missing a payment... my question is.. once he moves out of her house and into the dorm... do i have to still pay HER childsupport....

Michael,

Your question is not as easy as it seems, because it can raise the issues regarding post minority support for college expenses (see my other posts on that topic).

Because Alabama's age of majority is 19, there is often a transitional time between when they start college and when the child support stops at age 19. The courts in which I practice (Mobile and Baldwin counties) do not generally order a parent to do both at the same time.

But, raising the issue now could get you put under a court imposed obligation to pay college instead. Often the better course is to wait until age 19 to pursue the matter.

But, I can't advise you specifically one way or another. To do so, I would need to know the specific facts of your case and review the prior orders entered in your case.

The best advise is to get a consultation with a lawter near you who specializes in family law to sit down and talk out your options with you. Best of luck with it.