Legal Question in Family Law in Alabama

We just moved here from Connecticut. I have my divorce papers. My child is 23 months old. I live with my parents. My child's father lives in Wisconsin. He has not paid child support in almost 6 weeks, he was ordered to pay $104.00 per week. He plans on coming to visit Aidan the first week of January, our divorce papers say that he may see him 8 hours per day and have 3 overnights. This part of the divorce he wants done to the letter of the law, but not paying child support, he claims he will be making an adjustment in the support since I now live in Alabama. My question can he just take it upon himself to do so, and if he can, then can I adjust the visitation hours also? Thank you for your help.


Asked on 12/11/09, 4:36 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

Child support and visitation are two separate items not dependent upon the other. If he is in default on his child support, that is an action which would have to be taken up in the State where the papers were filed until such time (2 years) as you and the child have been residents of this state.

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Answered on 12/16/09, 5:32 pm


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