I have 2 children under the age of 19 who live with their mother in Alabama. When my oldest child turns 19, does the child support automatically change? or do I need to petition the court to amend the child support obligation and re-calculate for the remaining child?
Optional Information: Country relating to Question: United States State (if USA): Tennessee Already Tried: Looking online for guidelines in AL Child Support laws and guidelines.
Hello there
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No, it does not automatically change and you should keep right on top of it because no one will lift a finger to adjust this and you will be stuck paying the full amount well after the 19th birthday until you get a court order unless you start the process early enough so that any order made by the court will be ready to go when the child turns 19. My suggestion is that you get the modification of child support paperwork from the family court (clerk's office should have forms) and complete the paperwork asking for a recalcualtion of the child support as of child XXXXXX whose 19th birthday is XXXXX Do this about 3 months before the 19th birthday (complete and file the paperwork and ask for a hearing and a recalculation to a new child support amount to be paid starting the month after the child turns 19). There is a statutory calculation that the court will use and it will be based upon your income and the payments for 1 child under 19 (rather than the 2 children). With the court order in place, you will know exactly how much to send your ex starting the month after the first child turns 19.
MARY
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Excellent. Thank you for your help. Enjoy your weekend.