Kenneth W. POORE
Molly B. POORE
from Madison Circuit Court (DR-08-106). Donna S. Pate, Judge
Hawkins of The Hawkins Law Firm, Guntersville.
Submitted on appellants brief only.
Kenneth W. Poore ("the father") appeals from a
judgment entered by the Madison Circuit Court ("the
trial court") dismissing his action seeking to terminate
his child-support obligation to Molly B. Poore ("the
mother"). We reverse the trial courts judgment.
March 30, 2009, the parties were divorced by a judgment
entered by the trial court in case no. DR-08-106. That
judgment ordered the father to pay child support to the
mother in the amount of $ 1,850 per month "until the
[parties] youngest child [reaches] the age of majority
according to the State of Alabama...." The fathers
monthly child-support obligation was ordered to be paid
through an income-withholding order.
September 8, 2017, the father filed an "Affidavit for
Termination of Withholding Order for Support" alleging,
among other things, that all the children subject to the
income-withholding order have or would reach the age of
majority as of September 10, 2017, and that no arrearage was
owed on the support order.
September 25, 2017, the mother filed in case no. DR-08-106 a
motion requesting a hearing and alleging that the father had
not paid the child support as ordered in the divorce
April 9, 2018, the trial court entered a judgment stating:
"This case came on for trial on April 9, 2018 pursuant
to the duly published and distributed docket of this Court.
[The father] failed to appear. [The mother] appeared. This
case is DISMISSED for lack of prosecution."
April 9, 2018, the father filed a motion asserting:
"1. [The fathers] counsel resides in Arab, Alabama, and
had an unexpected family emergency to arise prior to leaving
for Court for the hearing set in this case.
"2. Counsels paralegal left a telephone message with
the office of the Judge at approximately 8:40 AM, informing
the Judge that counsel would be approximately twenty (20)
minutes late ...