Legal Question in Family Law in Alabama

child support

If the divorce decree orders child support of $275 be paid and only $263 is received (consistently for years) where does the other $22 per month go? Does the recipient lose that $22 in processing fees?

Thank you


Asked on 8/31/07, 9:08 pm

3 Answers from Attorneys

Edward DiCato Edward DiCato Attorney at Law

Re: child support

Yes, its called 'poundage'. But the poundage should be over and above the support ordered.

Read more
Answered on 9/01/07, 11:21 pm
Pamela Scott Scott Law Office

Re: child support

From the facts you provided, it is unclear whether Alabama or Ohio law would control in your situation, and the distinction is important because the law is different in both states. In Alabama, the $22 underpayment would not be lost by the custodial parent, but would accumulate in arrearage at the rate of 12% simple interest each year. If, however, the child support is being paid pursuant to the non-custodial parent's employer's wage payment schedule (for example, a bi-weekly payment of $126), you would look at the total amount paid over the year to see if the $275/month amount was being met.

Read more
Answered on 9/02/07, 10:45 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: child support

This depends on whether the fee was paid through CSEA. CSEA takes a handling fee.

Read more
Answered on 9/03/07, 6:08 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama