Legal Question in Family Law in Alabama

My husband is previously divorced with two children that he has always paid child support on for over 11 years. In their original divorce it states that after the oldest reaches majority,(which is 19 in July) that the amount of child support drops in half. Well, she has always tried something to get more mney first it doubled after we got married. then we went back to court to lower it and won. Also during that time had issues with visitation. We never got them when we were supposed to. His daughter who will be 19 in July, has not spoken to us since her 12th bday. We have extended the olive branch many times with no luck. So we just gave up on visitation and took it with his son when we could. However, he is 16 and will be 17 in July, therfore we still have 2 years of support for him, no problem. But she says she is taking us to court soon for payment for college for his daughter. FIrst of all, she has already been in college for 1 year and is going to the community college in town in which she got a $2000 scholarship for. So it has not cost her mother a dime. SO what I guess I am asking is do the original court papers stand and in July the child support drops in half and second, since his daughter has been living at home for the last year going to school for free and she is still getting the child support for her can she actually take us to court for college money???? PLEASE ADVISE....


Asked on 1/21/10, 8:17 pm

1 Answer from Attorneys
James Seal Law Office of James V. Seal, LLC

Unless the original divorce has been modified by the parties or by court order, yes it stands.

As for the college money, yes she can take your husband to court for that. However, you will have an opportunity to make the arguments that college funds are not needed due to her situation.

Read more
Answered on 1/27/10, 7:25 am


Related Questions & Answers

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