Legal Question in Family Law in Alabama

Bogus Child Support Contempt Charge

I'm being charged with contempt for failure to pay child support. I paid all support due as per the original court order up until my child was 19. She is now 21. There has been no modification to the original court order. I only have proof of payment for the last several years. I paid support directly to my ex-spouse. Will my proof of payment be enough or will I have to prove every single payment? Can I expect the judge to consider a motion for dismisal if I show proof of payment. Also, if this doesn't go in my favor, can I appeal and if so, what are my options?

One last question. This is going through District Court. The amount in question is in excess of $10,000. Per Alabama law, should this not be handled through the Circuit Court or is the contempt charge handled differently?


Asked on 1/15/06, 2:33 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Bogus Child Support Contempt Charge

You do not say for what period of time she is claiming that you did not pay. Why wasn't it paid through the accounts clerk? It would not be in the district court. At any rate, the judge will look at the receipts that you have, but if she is claiming that you did not pay for a period of time for which you do not have receipts, then you will have to see if there is some other evidence that might be submitted to convince the judge that you did pay. I suggest that you speak with an attorney in the city where she filed the complaint.

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Answered on 1/15/06, 3:51 pm


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