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Child Support in AL Alabama

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  • Child Support in AL Alabama

    I have 3 child of which 2 have been emancipated. The remaining child, age 18 as of Oct 2006, is pregnant due in Feb 2007. I have never had an issue with my Ex paying. However now that the child is drawing medicaid and WIC (which she had to wait until she was 18 to qualify for) he says that her having the baby and drawing federal assistance will qualify for "otherwise emanciapted". She still lives with me and my new husband, the father of the baby is nowhere to be found. He is right and after she has the baby does he no longer have to pay support? Also he pays the medcial bills that insurance does not cover, (of course prior to medicaid) but refuses to pay for the bills that involve her pregancy. I read that AL changed the law for emanciaption to 18... any news?

    Thanks

  • #2
    Originally posted by rightturn View Post
    I have 3 child of which 2 have been emancipated. The remaining child, age 18 as of Oct 2006, is pregnant due in Feb 2007. I have never had an issue with my Ex paying. However now that the child is drawing medicaid and WIC (which she had to wait until she was 18 to qualify for) he says that her having the baby and drawing federal assistance will qualify for "otherwise emanciapted". She still lives with me and my new husband, the father of the baby is nowhere to be found. He is right and after she has the baby does he no longer have to pay support? Also he pays the medcial bills that insurance does not cover, (of course prior to medicaid) but refuses to pay for the bills that involve her pregancy. I read that AL changed the law for emanciaption to 18... any news?

    Thanks
    What are the terms of the support agreement? If the agreement says he has to pay CS until she is 19, 20, etc., then he still has to pay it. And if the agreement says he has to provide medical insurance for that same period, then he still has to pay it.

    Her having a child has no effect on Dad's obligation to support her. He is not obligated to the BABY, but he IS obligated to his daughter if the agreement says so. He would have to file for a modification of CS, or he would have to file a request that she BECOME emancipated, but he cannot just "decide" to no longer pay. If a dependent child is not able to support herself and does not live independently of her parents, she is not considered emancipated, whether or not she has a child.

    Also, you are incorrect that she had to wait until she as 18 to qualify for Medicaid and WIC. The state doesn't turn down mothers who need and qualify for the assistance, ESPECIALLY teenaged ones. All she needed to qualify was to meet income guidelines, proof of residency, and to see THEIR doctors.

    Here's a link for WIC:
    http://www.adph.org/wic/index.asp?id=605&dev=true

    Here's a link for Medicaid:
    http://www.medicaid.alabama.gov/docu...t_2-1-06_b.pdf

    The only way she didn't qualify is if she didn't meet the income guidelines, NOT because of her age. YOUR income is not considered if she was only applying for pregnancy-related medical treatment, so she would have been covered.
    Last edited by MomofBoys; 01-03-2007, 10:24 AM.

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    • #3
      what do your papers say exactly? is child still in high school. having a baby does not emancipate, but 18 might
      my hubbys (in AL) state 19, out of high school married, or otherwise emancipated. Under this, the only out would be high school completion

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      • #4
        Another helpful site:

        http://www.supportcollectors.com/csr...a.php#majority

        Age of Emancipation / Age of Majority in Alabama
        Section 26-1-1, Code of Alabama 1975 defines the age of emancipation as 19 years old.

        In Alabama, child support is terminated at 19 years old unless the child is emancipated before that age. Child support does not automatically terminate if the child leaves the household but does not emancipate

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        • #5
          Originally posted by rightturn View Post
          Also he pays the medcial bills that insurance does not cover, (of course prior to medicaid) but refuses to pay for the bills that involve her pregancy.
          Also, he cannot refuse to pay her medical bills. She is not emancipated. Having a baby doesn't automatically emancipate you, therefore, being pregnant certainly cannot, either.

          If he he refusing to pay her medical, and the CS agreement says he has to, he is in contempt. You should have your attorney file for that.

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