Alabama Settlement Agreement and Release of Paternity Claim

State:
Multi-State
Control #:
US-01448BG
Format:
Word; 
Rich Text
Instant download

Description

Illegitimacy proceedings are generally considered to be civil in nature, and it is therefore generally recognized that the mother and putative father of an illegitimate child have the right to compromise, settle, or release a claim, and that such an agreement is a defense against subsequent proceedings by the mother.

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FAQ

In Alabama, children who are born to a married woman are legally presumed to be the children of the husband. It is important to note that only the husband can successfully challenge the paternity of a child born during the marriage. The mother cannot do so.

An adult child may be able to sue a non-custodial parent for owed back child support if the adult child is the executor or representative of their custodial parent's estate. Child support that is in arrears can be either assigned or unassigned.

Section 26-17-301 - Acknowledgment of Paternity. Acknowledgment of paternity. The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.

If the conviction was appealed to the Alabama Court of Criminal Appeals, the Rule 32 petition must be filed within one year of the issuance of the ?certificate of judgment? by the Alabama Court of Criminal Appeals.

For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.

Effective June 1, 2023 Rule 32(C) was amended to add paragraph (7), which provides for the shared 50% physical-custody adjustment ("SPCA"). Before this amendment, Rule 32 contained no provision for calculating child support in cases involving shared 50% physical custody.

The obligation of each parent is computed by multiplying the total child support obligation by each parent's percentage share of their combined adjusted gross income. The custodial parent shall be presumed to spend his or her share directly on the child.

Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.

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Alabama Settlement Agreement and Release of Paternity Claim