Legal Question in Family Law in Alabama

This is a tricky question.... I am a father who has won custody of his son in Alabama. The time frame for all appeals is over. The Mclenden rule now applies to myself.. Anyways, After the final order came in, My ex-wife filed a motion to Dismiss/Modify, which was unsucessful.. However in this Motion, her Atttys continued to claim that I had owed my ex back child support and that was the reason that she had to move so often, had financial difficulties, etc... In the final order the Judge in our case ruled that I had in fact overpaid my ex ( I kept all transaction reciepts and went through them individually during trial) . My question is this... Can the Atty's that filed the motion to Modify/Dismiss actually say this in their Motion, even though it was proven in the final order( 30 days prior) that this was not the case? It seems to me that this was just an attempt to slander my name (although it wasn't true). I would think that once the final order came in and it was ruled that I overpaid, that would be the end of it, and it would not even be allowed to be brought up any longer.. I dont really understand how that is possible, is that legal? Thanks!


Asked on 4/30/10, 10:11 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

They can bring up any number of things in what I assume is a Rule 59 motion to alter amend or vacate. They are telling the court that the judge was mistaken when he calculated your back child support. You should forget about it. You won.

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Answered on 5/06/10, 1:55 pm


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