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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5994
Experience:  JD Degree, Social Service Experience, Child Support Officer
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I have a son, who is 17 and will be 18 in 2 months. His mother

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I have a son, who is 17 and will be 18 in 2 months. His mother has ne 16. Iver contacted me until he was about 16. She asked for 100$ a month and I started sending it. Now he is going to be 18 soon she has been saying, she is going for back child support. will i have to pay?? The child was also in state custody for a number of years.
Submitted: 8 months ago.
Category: Family Law
Expert:  AttorneyCook replied 8 months ago.

AttorneyCook :

Dear Customer: I advise the following actions. First, continue to pay the child support in the amount of 100 until the child reaches 18. When you pay the support, pay by a check that says "child support" in the memo so that you can prove the payments were child support and were not informal gifts. Then, refuse to pay any further child support unless you are served with papers by the attorney general. I advise you to proceed this way, because it will be difficult for her to file for formal support after her child reaches the age of 18. If the attorney general does serve you with paper to get you to pay back support (which they can do), then you should hire a lawyer. The lawyer will negotiate the arrears down by using the points you mention in this question (that she did not contact you for 16 years, and that the child was not in her care for several years as he was incarcerated). Because she did not contact you until the child reached 16, and because she did not file for support with the attorney general, it is unlikely you will be forced to pay arrears dating back longer than to the age of 16. Having good representation will help.

Customer: I have always sent the money western union for 2 years now. I dont want to mail a check because, I really dont want her having my address, and I am afraid she could possibly change amount on my check.
Expert:  dkennedy replied 8 months ago.

Hello,

 

I respectfully XXXXX XXXXX some of the information the above attorney provided. There can only be a collection on child support arrears (back support) if there was a child support order in place to collect on. From you facts, it does not seem that there was ever, or is now an order for you to pay support. I could find nothing in the AL Code that would allow her to collect support. She could try to get an order now, but as the previous expert said, that is not likely. Continue to pay the same amount and that should be it.

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5994
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 3 other Family Law Specialists are ready to help you
Expert:  AttorneyCook replied 8 months ago.
Dear Customer: I apologize so much for this misunderstanding I have caused. I intended to explain that if the ex does file for child support prior to the 18th birthday of the child, this could result in an arrears child support payment. This is why I was attempting to advise you to keep paying the child support for the next two months, she would not get upset enough to file for the arrears until it was too late. I do not disagree with the follow up expert. Please allow me to offer any additional information that can help. I would offer any information at all to help you feel more satisfied with this service. Again, I sincerely apologize.
Expert:  AttorneyCook replied 8 months ago.
And, Dear Customer, Please note that if you cannot send her a check, you can simply send her a letter with your form of payment that says "the money is intended for child support, as agreed to, in the amount of $100", and take a picture of the letter you send her, or make a copy of it, so that in the event the issue is ever raised, you are able to prove that the money was not a gift but was sent for child support only.

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