AL Child Support Question

[Anewdad]

What is the name of your state? Alabama
Hello everyone! Forgive me as I am new to this and hopefully can explain all of this. I am the father to an 18 year daughter who lives with her mother. I have been paying child support since 1996 and have not missed any payments (paid directly to the ex). When my daughter was 16 she quit school and is now expecting a baby in July of next year. She has not worked but 6 months since leaving high school and has lived off her mother and me and my wife. As I understand it, in AL you pay until a child reaches 19 or gets married (which she is not planning to do even though they are engaged for 2 years). My question is this, as she has chosen to make adult decisions in her lifem am I still liable for support until she is 19? Or is there something (court wise) that I can do. I don't feel it is my responisiblity to keep paying. She now says she is in no condition to work and is expecting the checks to keep rolling in. Please help!
Thanks,
A new dad to a 1 year old (what have I done?)

 

[kat1963]

You might want to check again. Unless your support order states differently, AL is until 18 or graduation...after that it's all voluntary. I think little missy needs a wakeup call!
You just signed up for another 18 years foolish man! I'm teasing. I have a 21 year old & a 4 year old.
KAT

 

[Anewdad]

Thank you so much for the reply. Do you know of a place online I could find the AL law regarding the age. Everything I have found says "minor children under 19". It doesn't state an age in the court papers.

Trust me, she definatley needs a very LOUD wake up call. For some reason they (daughter and ex) keep the checks rolling on in. Sad
A New Dad (things are going better this time around)

 

[nextwife]

I have a 21 year old & a 4 year old.
KAT

Cool, another "geezer" parent. DH's eldest is 30. Our daughter together is 7. I try to tell people I'm his "trophy wife" but they just don't believe me.

 

[kat1963]

Hey, hey now, I'm crying softly at that comment. *sniffle* I haven’t started wearing those polyester pants with the permanent front pleat from Blair yet damn it! Though the floral ones in this Sunday’s coupon section did excite me!

Anewdad, it appears that there are several different answers for Alabama. I’ve seen until graduation, then 18 19 if still in HS and also 19 bottom line. Funny how they love to tell you how to apply for support over & over again, but one is hard pressed to find any information on terminating it. I searched AL code & case law for a while for you but it gave me a headache. Call your local enforcement office & ask them. But also ask them for the family code so you can research it yourself & possibly see if your situation qualifies to terminate child support. For instance VA is 18 but 19 if still in high school. But what they don’t bother to tell you is the full text states 19 if still in high school making a reasonable effort to graduate (not taking one pottery class, not flunking out etc.). Wish I could be of more help but I really could not find a definitive answer. Perhaps someone else can give you a direct link to that section.

Good Luck!

KAT

 

[nextwife]

Hey, hey now, I'm crying softly at that comment. *sniffle* I haven’t started wearing those polyester pants with the permanent front pleat from Blair yet damn it! Though the floral ones in this Sunday’s coupon section did excite me! KAT

Yikes! That's a scary image. Even MY mother won't wear those!

 

[Anewdad]

Thanks Kat,
Sorry it gave you a headache. But trust me, I know the feeling. I hope that noone is thinking that I am trying to get out of paying. But isn't it funny that state laws provide an age...when in fact children make decisions that should qualify them as adults. Using school as an example, back in the day, way back in the day, kids went to school and when graduation came, congratulations, you are an adult. Move on and start a life for yourself. Nowadays, you can quit school, keep your drivers license, sleep all day, play all night, and someone (mother or father) get to send checks every month to support your habit. Strange times we live in. Scary for the young kids that have to grow up in this ugly old world. Okay, my age is showing. Better go! Thanks,
Oh by the way, here is a link to a definition of child I found on the Code of AL. See what you all think
.http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

A new dad

 

[Anewdad]

Sorry that link didn't work as planned. Use the above link, Title 30,
Chapter 3B, Section 30-3B-102 Definitions.
Thanks!

 

[Nick P]

I would have her emancipated. If she moves out of the household you still have to pay the support unless you have her emancipated.

http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=AL#4

 

[BethM]

My divorce took place in the state of Alabama. Child support continues until the child is 19...that is state law. It will only continue past the age of 19 of the child is in college and the custodial parent petitions the court for post majority support.

If you want to modify the child support them you have to file for modification and prove to the courts why you should no longer be paying support. Call the court clerk in the county where you were divorced and she will tell you what you need to do.

I agree, the girl needs a wake-up call. Who is responsible for her health insurance? That could be in issue the courts will take into consideration. If you can have her emancipated then the responsibility for her will fall on someone and I'm not sure the state wants to have to take care of her.

Another thing for her to consider. When this baby is born and she goes down to try and get on the dole...a check to an unwed mother might be on her agenda...she is going to find the state isn't interested in giving money to someone who is the dependent of someone already.

I'm not sure how much emancipating her is going to really help her get motivated to do something other than hang around pregnant. If you aren't there to take care of her, the state will be. If you are serious about stopping the child support then you might use the argument with her that she will get more out of the state if she is an unwed mother than she does out of you for child support. Boy, that will really teach her to stand on her own two feet!! NOT!!

Here is something else for you to think about. If she should decide she wants to go back to school and finish high school her mother could petition the courts to modify child support and you would be on the hook until she finishes. If, after getting her degree, she wants to go to college the mother could petition the courts to have you help pay those expenses. The courts in Alabama have what is called "post majority support" which can last until a child is 25. Frightening huh?

 

[Anewdad]

I completely understand you are saying. We (my wife and I) have been trying to get her to be more responsible, get a job, support herself, get out of the low income housing project (with her mother) but as long as the gov sends out checks each month, they will stay. Her mother is supposedly going blind. Funny thing is she can see the male dancers at the night club really well. Go figure. The pregnancy thing is just a way to make the check bigger each month. I spoke with an attorney today who said she would draw more money as a single mom than a lot of people earn working every month. Sad isn't it? I would like nothing more than for her to wake up and smell the coffee, so to speak, but I am decided that it isn't going to happen. I will continue to send the cs check every month until she is 19 and then I guess all of us taxpayers will keep right on sending more money every month. Give our government a great big applause. Don't get me wrong, I am all for someone getting help if they need it. But to lay around and wait for a check to roll in is NOT in need. She is able bodied and could work to support herself and her unborn child but the gov makes it too easy not too. Heck, we should all quit work and wait by the mailbox. Sounds easy enough. Sorry, I am just alittle irrated right now. Realizing your daughter is headed for no where is a harsh reality to have to face. Thanks to everyone for your help and advise. It is greatly appreciated.
A New Dad (I am truely losing my mind)