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

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Gracie3787

Senior Member
The best thing for you to do will be to have a talk with your Mom, tell her to consult an attorney, advise her that she has the absolute right to simply return the money to your father each month, and then tell her that from now on you will NOT be a part of whatever happens.
 


Brandon80

Junior Member
Any advice on how to resolve this AL DHR judgement issue through the legal process is greatly appreciated...
 

Brandon80

Junior Member
The best thing for you to do will be to have a talk with your Mom, tell her to consult an attorney, advise her that she has the absolute right to simply return the money to your father each month, and then tell her that from now on you will NOT be a part of whatever happens.
Thank you... I will try that approach if a legal path to resolution is unlikely.
 

single317dad

Senior Member
Something isn't adding up here. If the support judgment was entered when you were 17, then your father was only ordered to pay support for less than two years. At no point in the past 18 years has he been able to pay the due child support for less than two years? That doesn't make any sense at all.

Luckily for him, the Statute of Limitations on collecting child support in Alabama is 20 years, so soon his arrears will become uncollectable. If he had paid when he was ordered to, none of this would matter.
 

Proserpina

Senior Member
Something isn't adding up here. If the support judgment was entered when you were 17, then your father was only ordered to pay support for less than two years. At no point in the past 18 years has he been able to pay the due child support for less than two years? That doesn't make any sense at all.

Luckily for him, the Statute of Limitations on collecting child support in Alabama is 20 years, so soon his arrears will become uncollectable. If he had paid when he was ordered to, none of this would matter.
The order was for the OP's sister, who is now 29.
 

Zigner

Senior Member, Non-Attorney
Wow... I thought we were passed that "none of your business" talk. Thanks
You're the only one who can't seem to understand it. I'm sorry your angelic dad failed to pay what was owed for your sister so many years ago...
 

not2cleverRed

Obvious Observer
"Consulting an attorney" IS a legal path, or at least a step on it.

Frankly, you should stop nagging your Mom, and you should stop commiserating with Dad.

Dad got himself into this mess.

There is a reason why the judge was unimpressed when he petitioned to modify support. It might be well thought out, or Dad could have just annoyed the judge. Or both.

Stop trying to guilt Mom into giving him a break. Her being remarried factors ZERO into this, legally. Her current husband has no financial obligation with regards to child support for you and your sister.
 

Brandon80

Junior Member
Something isn't adding up here. If the support judgment was entered when you were 17, then your father was only ordered to pay support for less than two years. At no point in the past 18 years has he been able to pay the due child support for less than two years? That doesn't make any sense at all.

Luckily for him, the Statute of Limitations on collecting child support in Alabama is 20 years, so soon his arrears will become uncollectable. If he had paid when he was ordered to, none of this would matter.
The divorce actually occurred when I was 18 (1998), so the child support wasn't for me. It was for my sister, who is 7yrs younger than me. The original amount was something like $5000.00 per month (that number was high and had to do with him defaulting in court - his fault completely)... His business folded, he was jobless with no income, and missed a year of child support ($48,000). We he got a new job, he could only pay $1500.00 per month. The judge denied his request to lower monthly payment by $3500.00. My father couldn't physically pay the additional $3500 per month, and the judge was going to lock him up for failure to pay. My mother agreed to take $1500.00 per month until my sister graduated college, which was in 2012. However, the remaining $3500.00 that wasn't paid each month kept accumulating with interest. So now, it's like 150,000.00 and growing. So after 4 years of still paying, after my sister graduated college (who is 29 now, has a job, and lives away from home), my mother has finally agreed to end the judgement; however, she now says she has no control over it and there is nothing she can do. My father has hired attorneys to find a path of resolution, but no one seems to know that answer.

That's why I'm here... I want out of it, trust me.
 

Zigner

Senior Member, Non-Attorney
The divorce actually occurred when I was 18 (1998), so the child support wasn't for me. It was for my sister, who is 7yrs younger than me. The original amount was something like $5000.00 per month (that number was high and had to do with him defaulting in court - his fault completely)... His business folded, he was jobless with no income, and missed a year of child support ($48,000). We he got a new job, he could only pay $1500.00 per month. The judge denied his request to lower monthly payment by $3500.00. My father couldn't physically pay the additional $3500 per month, and the judge was going to lock him up for failure to pay. My mother agreed to take $1500.00 per month until my sister graduated college, which was in 2012. However, the remaining $3500.00 that wasn't paid each month kept accumulating with interest. So now, it's like 150,000.00 and growing. So after 4 years of still paying, after my sister graduated college (who is 29 now, has a job, and lives away from home), my mother has finally agreed to end the judgement; however, she now says she has no control over it and there is nothing she can do. My father has hired attorneys to find a path of resolution, but no one seems to know that answer.

That's why I'm here... I want out of it, trust me.
If you truly want out of it, there's a very straight-forward way: "Dad, this is none of my business and I don't want to be involved. You'll have to work it out with mom."
 

Just Blue

Senior Member
The divorce actually occurred when I was 18 (1998), so the child support wasn't for me. It was for my sister, who is 7yrs younger than me. The original amount was something like $5000.00 per month (that number was high and had to do with him defaulting in court - his fault completely)... His business folded, he was jobless with no income, and missed a year of child support ($48,000). We he got a new job, he could only pay $1500.00 per month. The judge denied his request to lower monthly payment by $3500.00. My father couldn't physically pay the additional $3500 per month, and the judge was going to lock him up for failure to pay. My mother agreed to take $1500.00 per month until my sister graduated college, which was in 2012. However, the remaining $3500.00 that wasn't paid each month kept accumulating with interest. So now, it's like 150,000.00 and growing. So after 4 years of still paying, after my sister graduated college (who is 29 now, has a job, and lives away from home), my mother has finally agreed to end the judgement; however, she now says she has no control over it and there is nothing she can do. My father has hired attorneys to find a path of resolution, but no one seems to know that answer.
That's why I'm here... I want out of it, trust me.
Your mother is being reimbursed for the support your father did not pay per the CO. If he (Your Father) has hired attorneys...Why are you here?

Brandon. You have 1 Father and 1 Mother. Do NOT get involved in this. :(
 

Brandon80

Junior Member
Your mother is being reimbursed for the support your father did not pay per the CO. If he (Your Father) has hired attorneys...Why are you here?

Brandon. You have 1 Father and 1 Mother. Do NOT get involved in this. :(
He let the last one go after the attorney could not tell him the process that needed to be initiated in order to get something moving to lift the judgement. He doesn't have one at this moment.
 

Zigner

Senior Member, Non-Attorney
He let the last one go after the attorney could not tell him the process that needed to be initiated in order to get something moving to lift the judgement. He doesn't have one at this moment.
That's because he's not going to get the judgment "lifted" - your dad owes PAST-DUE SUPPORT. It might be time for your dad to get an attorney and actually LISTEN to what he's being told this time.
 

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