Legal Question in Family Law in Alabama
child support and visitation rights
my fiancee's ex husband threatened her with all sorts of things when he recieved a letter in the mail that he has to pay 10 years of back child support. he doesnt have a job, relies on his new wife to support him. they live with his mother, and in the past ten years he has possibly spent a total of 500 dollars on the two kids. he has a history of drug charges,dui's, etc. my fiancee has none of this. she has sole custody, and has had a restraining order on him in the past. she allows him now to spend time with the kids. but since he told her that she better go get it dropped, or he is taking her to court, she is reconsidering the whole thing.......does he have any legal rights to see the kids, and if he takes her to court, what chances does he have in an alabama courtroom?
1 Answer from Attorneys
Re: child support and visitation rights
Child support becomes due and payable when ordered or when the amount accrues. That means that he will not be able to have that arrearage set aside. As far as his legal rights to visitation, that would stem from the visitation order that should have been a part of the decree, or any subsequent modification.