Modify Child Support And Collect Back Child Support

by Christie
(Alabama)

I live in the state of Alabama and my divorce was not finalized until Dec 2008. We actually signed divorce papers in March 2005, and we thought we were already divorced. The judge over looking our case had retired and left our case open and the case was not found until 2008. We found out it had not been finalized. In 2005 we both agreed that my ex husband would pay $400 a month for two children. He is self employed and does not pay taxes, so I had no way of proving his income. This amount I was told at the time was Alabama’s guidelines for two children and we both agreed on it. Since 2005 he has been in and out of jail. In 2008 he went back to jail and then to work release and had to show proof of his income. He then had a family member to sign for him stating he worked 40 hours a week grossing an income of $400 weekly.

In 2009 I had his wages garnished and at that time the courts informed me that I could have his wages garnished for back child support which according to my calculation is around $18,000. He once again went back to jail again, but now is out and still self employed. According to Alabama guidelines he is supposed to be paying around $700 dollars a month for two children. My question is, how can I petition the courts to modify my child support order and collect the back child support without hiring an attorney. I only gross about $1600 monthly. At this point it has been a hit and miss situation with child support and I’m strapped for any extra money to hire an attorney.