Legal Question in Family Law in Alabama

Laws pertaining to juvenile emancipation

I am presently paying court ordered child support to a minor who has quit school as of 10 January 2000 and requested to have child support terminated due to minor working a full time job and quit GED school to work full time when a Judge hear this case he informed me that even the child mother didn't response to my motion to terminate child support within the thirty days of being notify and that failure to do so whould result in a default in my favor the judge still would not sign off on the motion without case law on this matter please advise.

Asked on 8/23/00, 2:54 am

1 Answer from Attorneys

David Forrester Forrester & Associates

Re: Laws pertaining to juvenile emancipation

I am not sure what the Judge is trying to tell you. If the child is over 18 years of age and you can show she is in fact a self supporting functional adult, he should terminate child support. However, if she is under 18, the Courts are very reluctant to terminate child support, unless the minor is fully independant (i.e. rock star, or married, or a member of the Armed Forces). Another issue, since it is a default situation may be the fact that the Judge is reluctant to terminate the support without someone to look out for the minor's best interests such as the custodial parent or a Guardina Ad Litem (lawyer appointed by the Court for the Child). What you need to do is count up how much money you will save if you get support terminated (monthly child support amount times number of months before the child turns 19). If it is more than a thousand or so, then it may be worth it to you to hire a lawyer. Also if you do nothing and your petition is dismissed, then resubmit it the month before she turns 19 and it should be granted. Please note, unless it is in the judgment/agreement child support does not stop automatically, you must stop it.

If we can be of assistance, please feel free to contact us via Email [email protected] or phone 256-435-1007.

Good luck.

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Answered on 8/27/00, 4:37 pm

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