Legal Question in Family Law in Alabama
Child Support & Custody
I will try to make this brief. My Ex-Husband has full custody of our two daughters (14&16). The oldest want to come and live with me. I live 5 miles away from them. No change of school or taken away from friends or anything. Her father told her. ''Over my dead body, You can't leave my house''. Their step-mother told her that she can't live with me because ''They'' have custody and would drag it out until she is 18, then their would be no point.'' What options do we have? Second, We were divorced in '93. I was given $50. by my Ex. I had no job, no money, and sleeping on my sisters couch. He pulled a number out of his head to give his attorney to calculate child support, however, he told me that it legally had to be in the paper even though he said I didn't have to pay him anything. I didn't have anyone to tell me otherwise. I am wiser now. I have been paying the court specified support plus $100 extra ever month without fail since 07/00. Can he came back and try to get more money and all back support with interest? I know currently he makes much more than I do. They use this as a threat anytime I question them in the raising of the girls.
1 Answer from Attorneys
Re: Child Support & Custody
If he agreed to the child support and you have been paying the agreed upon amount plus extra, he can not go back. You must have a compelling reason to support the change of custody other than your daughter wants to live with you. You will need a lawyer to understand what the standard for a change of custody is and to make a case.