Legal Question in Family Law in Alabama

me and my wife are going through a divorce, we just had a baby, but she had moved to indiana 5 months before she had her. Now she is trying to get me for child support and alimony, I have no job Because they are really hard for a school drop out to find, I had no other choice but to move in with my female friend when we separated, so no she is also trying to get me for abandonment. What can I do to get my child and not have to pay alimony?


Asked on 3/09/10, 1:19 am

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

To review the facts: you are married to a woman with whom you have a child. She has sued you, presumably for divorce, and is demanding child support. You live with another woman, and want to gain custody of the child an not have to pay anything to the mother of your child. You must answer the presumed divorce action and demonstrate to the court that it is in the best interest of the child to have you as the primary physical custodian. You must also show the court that you and your soon to be ex-wife will be able to live in circumstances similar to those you lived in when you were married without anyone having to pay alimony, and that you are not able to pay alimony in the first place. Given the circumstances, that is a tall order. Is there a divorce filed? Under that action are you required to pay child support? Did you move from the family home for more than a year with the intention of not coming back (That is the definition of abandonment)? Get yourself a lawyer and answer the lawsuit if there is one. If there is not, you should immediately file for divorce.

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Answered on 3/14/10, 9:41 am


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