Child Support, Alabama: Can they make me pay for a child that is not mine?
This is a discussion on Child Support, Alabama: Can they make me pay for a child that is not mine? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My husband of 11 years, just informed me he has a 4 year old child and is being sued for ...
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#1 |
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My husband of 11 years, just informed me he has a 4 year old child and is being sued for child support, he does not work. Can they come after me for child support or garnish my wages?
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#2 |
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I wish to inform you that generally the child support laws vary from state to state. In this regard, the court considers the best interests of the child. Further, the court may while determining child support consider earning capacity of the parent. Therefore, the court may award child support based on the earning capacity of the parent. However, the court may not garnish your wages because liability is of your husband.
AFF Last edited by AFFA; Jun 17th, 2010 at 10:03 AM. |
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#4 |
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Can they make "you" pay? No however they can attach any bank account that his name is on or place lein on any property he owns or co owns. This include cars your home etc. The state can also take his license and even jail him if ordred to pay support and fails to do so
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#5 |
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All pervious post are correct. They can not garnish your wages but they can go after anything that is joint. This includes joint bank accounts. Take the legal documents he received to a lawyer to represent your issues.
Do no miss a filing deadline!!! If the mother goes after joint assests you can file a petition to the court asking those assests be exempt from collection on the basis that they are joint. It is not easy but if he doesn't work and you can prove that the money in those assests has come solely from you the court may rule in your favor but keep in mind the best interest of the child comes first in the eyes of the court. My Husbands ex made a claim against my business and it was solely mine. The court explained that she could not go after anything mine unless she could prove I was hiding assests in my name or accounts to keep it from collection. They were able to seize all his private accounts but the courts ruled that the funds in our joint account came from me and they were ordered not to seize those funds. Get the documents, I hope he didn't wait to long to tell you about it because there are deadlines to file responses. Take them to a lawyer. I would also suggest that your husband get proof of paternity showing the child is his. If you stay married after this is over and the child is his, I hope you open up to the child for visits and such. It's not the childs fault how he or she was concived. Protect yourself now but think about what effect this will have on the future. Good luck and make the call NOW! |
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