One of the most pressing concerns for couples with underage children who are going through a divorce is the divorce’s impact on their children. Among the changes that can harm children after a divorce is a reduction in their quality of life.
A divorcing parent who will have custody of underage children and be the custodial parent will typically receive child support payments from their child’s other parent. “How much is child support” is a common question.
Alabama child support laws provide guidelines that are used when calculating child support payments. The court may adjust the standard formula if it decides that it is in the children’s best interest or if the parents have agreed to them. You should have the guidance of an experienced family law attorney during discussions of child support. An experienced Huntsville child support lawyer from Leigh Daniel Law can ensure that your child support orders are based on your children’s needs and a full understanding of the financial capabilities of you and your ex-spouse.
At Leigh Daniel Family Law, our skilled divorce attorneys will examine your family’s finances and your children’s necessities to help you calculate a fair child support agreement. Our knowledgeable legal team has more than 20 years of experience in family law and will stand strong in negotiations or litigation regarding child support.
Contact a knowledgeable family law attorney to discuss your child support needs online or at (256) 692-1275.
Understanding Child Support in Alabama
Alabama family law courts provide orders for child support payments based on the premise that children should not be penalized as a result of the dissolution of the marriage and should continue to receive the same level of financial support that would have been available to them had their family unit remained intact.
Rule 32 of the Alabama Rules of Judicial Administration establishes guidelines for awarding child support, which are “rebuttable.” That means the party being asked to pay child support in a divorce may challenge the amount and reasons they are being asked to pay.
Alabama Child Support Calculator Factors for Child Support Payments in Alabama
Child support payments in Alabama are based on a formula that uses the parents’ combined gross income and the number of children requiring financial support. The formula produces a “Basic Child Support Obligation.” Child support payments are meant to meet a child’s fundamental needs, such as housing, food, clothing, school supplies, and similar items.
The court may adjust child support payments to account for:
- Health care costs
- Work-related childcare costs
- Federal and state income tax exemptions available for dependent children
- Low combined incomes
- Other facts or circumstances that the court finds contribute to the best interest of the children for whom child support is being determined.
The court may also adjust child support payments based on extensive visitation with the noncustodial parent. Suppose the children spend significant time with the noncustodial parent. In that case, the non-custodial parent may argue that he or she contributes substantially to the children’s housing, food, and other needs and ask for child support payments to be reduced accordingly.
How To Calculate Your Alabama Child Support Payment
When calculating your child support payment in Alabama, you start with the Schedule of Basic Child Support Obligations. This table matches parents’ “Combined Adjusted Gross Income” with the amount required for one to six children who are due financial support. Rule 32 has provisions for income that is less than the minimum or more than the maximum on the Schedule.
“Combined Adjusted Gross Income” in the schedule means the combined monthly adjusted gross income of both parents minus preexisting child-support obligations and/or preexisting alimony actually paid by either parent to a former spouse.
To calculate child support costs, add the Basic Child Support Obligation, work-related childcare, and health care insurance costs and divide that figure between the parents in proportion to their adjusted gross incomes. Each parent’s child support obligation is determined by multiplying the total child support obligation by each parent’s percentage share of their combined adjusted gross income.
The custodial parent is presumed to spend his or her share directly on the child. The noncustodial parent’s share will become the recommended child support payment. In addition to the recommended payment, the court may order additional amounts for extraordinary medical, dental, and educational expenses.
Alabama couple fares
He makes $5,200 per month, and she makes $7,500 for a combined adjusted gross income of $12,700 per month.
Their Basic Child Support Obligation is $1,356 per month for one child or $2,288 per month for three children.
Add child care and health insurance costs — $500 per month per child for child care and $1,000 per month for health care.
That’s a total child support obligation of $2,856 for one child or $4,788 for three children.
He makes 41% of their combined income, so his obligation would be $1,171 for one child ($2,856 x .41) or $1,963 for three children ($4,788 x .41).
She makes 59% of their combined income, so her obligation would be $1,685 for one child ($2,856 x .59) or $2,825 for three children ($4,788 x .59).
However, the court could modify this figure as it sees fit based on evidence either parent submits. For example, the standard federal tax deduction for dependent children is up to $2,000 per child under the age of 17. That’s $167 per month for one child or $500 for three children that the noncustodial parent could argue they should not have to pay the custodial parent.
If the noncustodial parent has extraordinary costs to travel to visit their children, he or she might ask the court to deduct this cost from monthly support payments.
Modification/Termination of Child Support Payments
Any Alabama court may modify child support payments after determining Basic Child Support Obligations if an attorney presents evidence that applying the Rule 32 guidelines would be unjust or inequitable.
Typically, the court will agree to a petition to modify child support payments if there is a “substantial and continuing” change in a parent’s financial capabilities or a child’s needs. In most cases, the court will require a financial change of 10% or more to modify a child support order.
A parent’s legal, financial obligation to their child ends when the child turns 19 years old, the age of majority in Alabama.
If you need to change your current child support payments, contact our experienced Huntsville child support lawyers today. Our team will help you determine whether requesting the change serves your child’s best interests and how to show it does since the court will seek the same assurance before revising child support payments.
Enforcement and Compliance with Alabama Child Support Orders
Alabama law requires that when a parent is required to pay child support, their employer must deduct and withhold the required amount from their employee’s pay and send it to the local clerk for court, Department of Human Resources, or another state office for distribution according to the court’s order.
Recipients of child support can have the state mail them checks or get direct deposit.
If a parent falls behind in child support payments, the state may:
- Place a lien on the delinquent parent’s real estate or personal property, such as vehicles or bank accounts.
- Seize state or federal tax refunds
- Report delinquencies of $1,000 or more to credit bureaus
- Revoke, suspend, or withhold the delinquent parent’s driver’s license and other personal, professional, sporting and/or recreational licenses
- Deny the delinquent parent a passport if they owe $2,500 or more.
Navigating Child Support with Leigh Daniel Family Law
You shouldn’t have to worry about how you will provide for your children after your divorce, nor should you be driven into financial hardship due to child support obligations. A compassionate Huntsville child support attorney with Leigh Daniel Family Law can thoroughly review your situation and seek court approval for a child support order that is fair to you and your children.
Contact a child support attorney to discuss your Alabama child support case and how we can help you get to a better place. Call now for a consultation: (256) 692-1275!
