Legal Question in Family Law in Alabama
I am not exactly sure what this go under but it is concerning my husband of 4yrs, his ex wife, and daughter.
Brief past...He couldnt keep a job and didnt pay Child Support for about 4-5 yrs. He was in and out of the picture for whatever reasons. When the child was 6 or 7 (she is now 15) he came back in the picture and has been paying the Child Support that was ordered and also giving an extra $40 a month to help out and try to make a dent in the amount missed. It was something both the mother and he agreed on.
I've been in the picture for about 4yrs and he still struggles for whatever reason to keep a job. But EVERYTIME he is out of work I make sure that we pay the amount and payback what was missed during that period. We all have a pretty good relationship but everytime he looses a job the mother makes comments like she could put him in jail but doesnt for the sake of the child and b/c she likes me so much. She also said a few months ago that she got a letter from the state (i've not seen it) saying that they found my husband and could deduct 66% of his check. Is that possible? That sounds a bit much. I dont know how much of it is a scare tactic or the truth. He got layed off work this past August and he now owes $1000 which we are actually struggling to even pay. When he got a job it was a min wage job and part time (which was $3 less than he was making before he got laid off). WELL...He just lost his job again and we are scared of telling the mother. We can pay her one more time and praying that he'll get a job before the next one is due. We had told her that when we file taxes we'll give her all that we can. We were thinking of filing separately and giving her ALL of his and when I file mine pay what have too on our stuff and give her the rest of mine. I dont want her coming after mine if we file joint. i was told that was something that could happen.
Thats basically the long and short of it. We're broke and we BARELY make it check to check and cant afford a lawyer. What is the best thing for us to do? Or any kind of ideas?
1 Answer from Attorneys
Well, you do have a lot of questions, but basically, 66% is ridiculous in practice...25% of someones pay is all that can be garnished, unless there are VERY special circumstances, but that requires going to court itself.
It seems you are doing the best you can, which the judge will like. One suggestion, since it has been so long since the original child support order was issued, has his income dropped substantially? if so, it might be possible to have it lowered.
You are both doing the right thing by keeping lines of communication open, and paying what you can.
It sounds like his ex just likes to keep you under her thumb and issue threats.
Lastly, whatever county you are in, contact the circuit court that does divorce/child support work and see if you can have a lawyer appointed, or perhaps they have a volunteer lawyers group that might can help out.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
