Divorce Attorney Assisting Families with Child Support Legal Matters Throughout Northern Alabama Including Decatur and Huntsville Areas

child support moneyWhether you are going through a divorce, modifying an existing court order, or establishing an initial child support order, it is important that you know how child support determined and what to expect. Please call (800) 621-3591 or contact us to speak to a child support attorney in Decatur or Huntsville, Alabama today. We handle child support cases throughout north Alabama, including Madison, Morgan, and Limestone county.

We understand that every parent’s situation is unique. Our clients are sometimes surprised by the things can impact child support cases. A consultation with an experienced child support lawyer can provide you with the peace of mind of knowing what to expect and your options going forward.

Child Support

If you are going through a divorce and have minor children, child custody and child support are probably on your mind. Child custody goes hand in hand with child support. Please read our child custody page for more information.

The parent’s ability to contribute to the needs of the child determines the proper amount of child support. Child support is paid to provide for the child, not the other parent. Determining the amount of income each parent earns is easy in some cases. If the parties are self-employed or not employed to full capacity, it may be complicated.

Alabama has developed a formula or “guidelines” for calculating the amount of child support. Your and your spouse’s incomes, health insurance, and child care expenses related to employment factor into the formula. Similarly, preexisting child support or alimony orders effect the amount of child support under the guidelines. However, the guidelines may not be applied in certain situations.

Rule 32 of the Alabama Rules of Judicial Administration provides for deviations from the guideline amount as follows:

(A)(ii)(1) Reasons for deviating from the guidelines. Reasons for deviating from the guidelines may include, but are not limited to, the following:

a) Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court;b) Extraordinary costs of transportation for purposes of visitation borne substantially by one parent;

c) Expenses of college education incurred prior to a child’s reaching the age of majority;

d) Assets of, or unearned income received by or on behalf of, a child or children;

e) The assumption under the Schedule of Basic Child-Support Obligations that the custodial parent will claim the federal and state income-tax exemptions for the children in his or her custody will not be followed in the case;

f) The actual child-case costs incurred on behalf of the children because of the employment or job search of either parent exceeds the costs allowed under subsection (B) (8) of this rule by twenty percent (20%) or more; and

g) Other facts or circumstances that the court finds contribute to the best interest of the child or children for whom child support is being determined.

The existence of one or more of the reasons enumerated in this section does not require the court to deviate from the guidelines, but the reason or reasons may be considered in deciding whether to deviate from the guidelines. The court may deviate from the guidelines even if no reason enumerated in this section exists, if evidence of other reasons justifying deviation is presented. Ala. R. Jud. Admin. Rule 32(A)(ii)(1).

An experienced child support lawyer will inquire into numerous aspects to determine the best way to handle your child support situation. You may be able to agree on an amount of child support and avoid going to court.

Modifying Child Support

If child support has already been ordered and circumstances change, child support may need to be modified to fit the new situation. It is important to know that the amount of child support in the current order can only be changed from the day you file a petition to modify child support with the court. The court will not go back and modify the child support that was due for months prior to the filing of your petition.

Rule 32 of the Alabama Rules of Judicial Administration provides for modifications of child support as follows:

(A)(ii)(3) Modifications. The guidelines shall be used by the parties as the basis for periodic updates of child-support obligations.

a) The provisions of any judgment respecting child support shall be modified only as to installments accruing after the filing of the petition for modification.b) A party seeking a modification of child support must plead and prove that there has occurred a material change in circumstances that is substantial and continuing since the last order of child support.

c) There shall be a rebuttable presumption that child support should be modified when the difference between the existing child-support award and the amount determined by application of these guidelines varies more than ten percent (10%), unless the variation is due to the fact that the existing child-support award resulted from a rebuttal of the guidelines and there has been no change in the circumstances that resulted in the rebuttal of the guidelines.

d) The existence of the guidelines or periodic changes to the guidelines in and of themselves do not constitute proof of a material change in circumstances that is substantial and continuing.

e) A trial court has discretion and authority to modify a child-support obligation even when there is not a ten percent (10%) variation between the current obligation and the guidelines when a petitioner has proven a material change in circumstances that is substantial and continuing. Likewise, a trial court has discretion to deny a modification even when the ten percent (10%) variation is present, based on a finding that the application of the guidelines in that case would be manifestly unjust or inequitable. Ala. R. Jud. Admin. Rule 32(A)(ii)(3).

An experienced child support attorney can help you to present all relevant facts in your child support modification case. You may be able to reach a modification agreement and avoid court proceedings.

Financial support is a factor considered when modifying child custody. Please read our child custody modification section to learn more.

Enforcing Child Support

When child support has been ordered and not paid, enforcement actions occur. Parents that do not pay court ordered child support in Alabama could face penalties, including jail time.

Please call (800) 621-3591 or contact us to speak with an experienced child support attorney in Huntsville or Decatur, Alabama, today. Whether you are going through a divorce, modifying child support, or are involved in a child support enforcement case, we will give our honest evaluation of your situation so you know what to expect.