Legal Question in Family Law in Alabama

child support and visitation

10 years ago my ex husband and I got a divorce. At the time our child was 14, she is 14 now. Divorce papers say that he is to pay 250.00 a month, 1/2 and all medical bills and have her on insurance. It also says he is to have visitation. 5 years ago he called her a F****** B****, and told her to leave and he did not care if she ever came back. So at 1 am I went and got my crying child. She has been back to see him MAYBE 5-6 times since then. The times she was there she was with her step mother and never saw him. Now he is mad, says he wants her every other weekend. He only does this when he is paying his 250 a month ( which was suppose to be 315 and I agreed to a lesser amount) We have her on insurance and pay all medical, in 10 years he has never given more then the 250 a month, which we are okay with. She has offered to go and spend 1 night here and there. He says no its either every other friday - sunday or nothing. So she said nothing. His reasons for wanting to see her have been the following. I am her dad she is suppose to see me, I refuse to pay rent on a car I cant drive. . He has never said I love you, I miss you. Can he legally stop the 250 a month, and what legal say does she as far as if she goes or not?


Asked on 5/10/07, 10:21 am

2 Answers from Attorneys
Mari Morrison Mari Morrison

Re: child support and visitation

1. You can always take him back to court for contempt of court order on expenses and insurance and get back amount; and

2. You can file for modification to increase child support;

3. Child should visit and express or feelings, she is in those teen years and probably quite capable of saying what is on her mind.

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Answered on 5/10/07, 4:23 pm
Pamela Scott Scott Law Office

Re: child support and visitation

You should go back to court and have visitation modified.

No, he can't stop the child support unless he has that modified due to inability to work or change in income. At any rate, any arrearages owed cannot be modified.

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Answered on 5/15/07, 3:48 pm


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