Legal Question in Family Law in Alabama

Father Has Custody

I am the father and ''custodial parent'' of my 17 year old daughter. Once I was awarded custody, I filed my own petition for child support. My ex wife, who is a Registered Nurse, and who is voluntarily unemployed, has ''claimed'' to suffer ''blackouts.'' This has just started happening within theremaining 7 days she had to respopnd to the petition. (she's 41 and never been sick before) I only requested $200 a month, which is not consistent with Rule 32. When she went to the emergency room, the doctor gave her a ''No Driving'' excuse. Will this keep her from having to pay child support?


Asked on 8/05/04, 9:58 pm

1 Answer from Attorneys

Bobby Lott, Jr. Attorney at Law

Re: Father Has Custody

It depends, but since you said she is "voluntarily" unemployed, it may not. The courts look at the potential for income, not just how much they actually make. If she is a nurse, who just decided she doesn't want to work, that won't cut it, she will have to pay child support.

Contact my office, if you would like to consider pursuing this.

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Answered on 8/06/04, 9:52 am


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