Full question:
My marriage was annulled by the court on the grounds that my wife was induced into marrying me based on facts that were not true. She was the one who filed for annulment. We have a one-year-old daughter from the marriage. Now that I have approached the court for her custody, my ex-wife is contesting it and has also asked for child support that she never asked for earlier. Can she succeed in getting the custody of the child and getting an order for child support in Alabama?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Alabama
Answer:
Annulment is the process by which the family courts declare a marriage void-ab-initio. It means that courts declare it non-existing and not legally binding from the beginning. Although, there may be a lot of similarities in the legal grounds that both divorce and annulment may be given, the legal effects of both are completely different.In case of an annulment of marriage, the question of paternity arises. For a family court to decide on the child support, paternity needs to be proved. Although, the annulment invalidates the marriage, the children born from an annulled marriage have the same rights as the ones born to legally married couples. Alabama law says that a child who is born to unmarried parents has the same legal rights as a child born to married parents. This is enumerated in Section 26-17-202 of the Alabama Code which reads:
From the above-stated provision, it is fair to assume that children born to a couple whose marriage has been annulled are entitled to child support just as children born from wedlock. Therefore, in the case at hand, even if the marriage was annulled, the court may order the father to pay child support if it feels that it is in the best interest of the child.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
