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 means the court declares a marriage void from the start, making it legally non-existent. Although annulments and divorces share some legal grounds, their effects differ significantly. In cases of annulment, paternity must be established for child support to be ordered. Even if the marriage is annulled, children born from that marriage have the same rights as those born to married couples. According to Alabama law (Ala. Code § 26-17-202), a child born to unmarried parents has the same legal rights as a child born to married parents. Therefore, children from annulled marriages are entitled to child support, just like children born out of wedlock. In your case, the court may order you to pay child support if it deems it in the child's best interest.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.