How to end a back child support judgement in AL if plaintiff agrees to lift

[Brandon80]

Alabama...

All,

Does anyone know the proper procedure for dismissing a back child support judgement when the plaintiff is willing to lift the judgement from the defendent. My parents have been divorced now for 20yrs. My father didn't follow the proper legal channels and was slapped with a judgement. Now my mother is willing to lift the judgement, but she said the it is out of her hands and with the state.

Is there any reason why she cannot call DHR and ask the judgement to be lifted on my father? He was unfortunately forced into retirement and the judgement is eating 80% of his social security check each month. There has to be some way to have the judgement lifted. Does anyone know what the process is and/or who to contact?

Any advice is greatly appreciated. This judgement is just another tear in an already split family.

Thank you,

Brandon

 

[wavehopper27]

Was your mother ever on public assistance?

 

[Brandon80]

No, she was not on public assistance.

 

[Zigner]

It's sounds to me like Mom doesn't want to give up the money that she's legally entitled to. Personally, I feel the same.

 

[Silverplum]

Alabama...

All,

Does anyone know the proper procedure for dismissing a back child support judgement when the plaintiff is willing to lift the judgement from the defendent. My parents have been divorced now for 20yrs. My father didn't follow the proper legal channels and was slapped with a judgement. Now my mother is willing to lift the judgement, but she said the it is out of her hands and with the state.

Is there any reason why she cannot call DHR and ask the judgement to be lifted on my father? He was unfortunately forced into retirement and the judgement is eating 80% of his social security check each month. There has to be some way to have the judgement lifted. Does anyone know what the process is and/or who to contact?

Any advice is greatly appreciated. This judgement is just another tear in an already split family.

Thank you,

Brandon

Court orders are never changed with a phone call, or an email, or a letter. It's a formal process.

The easiest and fastest way to get to your desired end result is for Mom to send the money back to Dad each month.

 

[Just Blue]

Alabama...

All,

Does anyone know the proper procedure for dismissing a back child support judgement when the plaintiff is willing to lift the judgement from the defendent. My parents have been divorced now for 20yrs. My father didn't follow the proper legal channels and was slapped with a judgement. Now my mother is willing to lift the judgement, but she said the it is out of her hands and with the state.

Is there any reason why she cannot call DHR and ask the judgement to be lifted on my father? He was unfortunately forced into retirement and the judgement is eating 80% of his social security check each month. There has to be some way to have the judgement lifted. Does anyone know what the process is and/or who to contact?

Any advice is greatly appreciated. This judgement is just another tear in an already split family.

Thank you,

Brandon

Brandon, I find rather horrifying that your parents are involving you is their legal stuff. You should NEVER be placed in this position.

 

[Brandon80]

It's sounds to me like Mom doesn't want to give up the money that she's legally entitled to. Personally, I feel the same.

That is what it sounds like to me... Unfortunately, this judgement is completely unfair. My father defaulted in court and was slapped with a number to pay that was completely unreasonable. When appealed, the judge was very adamant about upholding the judgement. She's legally entitled to it, but the amount of money she's been paid is absolutely ridiculous. She ruined my father financially and now it is to the point where I'll likely end up supporting him.

My mother tells me she is willing to cooperate and lift the judgement, but it is "out of her hands"... that is her answer. I just cannot bring myself to believe it.

 

[Just Blue]

That is what it sounds like to me... Unfortunately, this judgement is completely unfair. My father defaulted in court and was slapped with a number to pay that was completely unreasonable. When appealed, the judge was very adamant about upholding the judgement. She's legally entitled to it, but the amount of money she's been paid is absolutely ridiculous. She ruined my father financially and now it is to the point where I'll likely end up supporting him.

My mother tells me she is willing to cooperate and lift the judgement, but it is "out of her hands"... that is her answer. I just cannot bring myself to believe it.

Brandon...Please don't involve with this. Just don't.

 

[Zigner]

That is what it sounds like to me... Unfortunately, this judgement is completely unfair. My father defaulted in court and was slapped with a number to pay that was completely unreasonable. When appealed, the judge was very adamant about upholding the judgement. She's legally entitled to it, but the amount of money she's been paid is absolutely ridiculous. She ruined my father financially and now it is to the point where I'll likely end up supporting him.

My mother tells me she is willing to cooperate and lift the judgement, but it is "out of her hands"... that is her answer. I just cannot bring myself to believe it.

I agree with Blue's sentiment above. This never was, nor should it ever be your concern. Shame on your father for putting you in this position.

 

[Brandon80]

Brandon, I find rather horrifying that your parents are involving you is their legal stuff. You should NEVER be placed in this position.

I agree... I stepped in to protect my father once I understood just how ludicrous the child support/alimony payments and judgement actually were. I'm 35 years old. This started when I was 17. I have 10month old daughter now, and things are so bad that my parents cannot attend the same family gatherings (or refuse to). This judgement is hanging over my father's head... What is happening to him is wrong. My mother has remarried and my sister, who the child support is was originally for, is 29 years old now. It really is almost unbelievable. Something has to be done. My father cannot find anyone to direct him, and my mother claims her hands are tied.

 

[Brandon80]

Court orders are never changed with a phone call, or an email, or a letter. It's a formal process.

The easiest and fastest way to get to your desired end result is for Mom to send the money back to Dad each month.

Any advice on what that process actually is, in Alabama? This is a DHR judgement.

 

[Just Blue]

Any advice on what that process actually is, in Alabama? This is a DHR judgement.

This is your father and mother legal issue. PLEASE remove yourself from it. SERIOUSLY!!


ETA:

Brandon...You have a child. If the mother of your child left you and YOU were footing ALL the bills...Would you really believe that Mom should never ever pay support?

 

[Proserpina]

I agree... I stepped in to protect my father once I understood just how ludicrous the child support/alimony payments and judgement actually were. I'm 35 years old. This started when I was 17. I have 10month old daughter now, and things are so bad that my parents cannot attend the same family gatherings (or refuse to). This judgement is hanging over my father's head... What is happening to him is wrong. My mother has remarried and my sister, who the child support is was originally for, is 29 years old now. It really is almost unbelievable. Something has to be done. My father cannot find anyone to direct him, and my mother claims her hands are tied.

Brandon, there was a period of time during which your father did not support you as he was ordered. He still owes that past due amount and he's had 11 years to take care of it.

And I agree that Mom doesn't really want to forgive the debt - and let's be honest, it's absolutely understandable.

 

[Brandon80]

This is your father and mother legal issue. PLEASE remove yourself from it. SERIOUSLY!!


ETA:

Brandon...You have a child. If the mother of your child left you and YOU were footing ALL the bills...Would you really believe that Mom should never ever pay support?

My father has paid a lot... There was a period of time where his business folded, he was out of a job, and after he got a job, he was unable to pay the monthly amount awarded by the judge. When he went back to court to lower his payments, the judge said no and said that he would have to pay the original amount with interest. This is a unique and sad situation and I am not going to spend the time typing it out. I appreciate your concern for me, but I'm looking for an answer so I can point my father/mother in a direction where this can get resolved.

 

[Proserpina]

My father has paid a lot... There was a period of time where his business folded, he was out of a job, and after he got a job, he was unable to pay the monthly amount awarded by the judge. When he went back to court to lower his payments, the judge said no and said that he would have to pay the original amount with interest. This is a unique and sad situation and I am not going to spend the time typing it out. I appreciate your concern for me, but I'm looking for an answer so I can point my father/mother in a direction where this can get resolved.

You may feel that the amount was unfair. I'm not offering an opinion either way. But unfair doesn't mean illegal.