When parents divorce, one of the most critical issues to be addressed is child support. These regular payments ensure that children of divorced parents continue to receive the financial support they need to enjoy a stable and comfortable life.
But how does child support work in Alabama?
If you are a parent going through a divorce, you may have questions about child support obligations. It’s crucial to understand Alabama child support laws, how child support is calculated, how to adjust payments, and how to enforce a court order when payments are not being made. An experienced family law attorney can guide you through the legal process of seeking child support, responding to a child support petition, or modifying an existing child support order.
Who Pays Child Support in Alabama and Why It’s Required
Child support in Alabama is typically paid by the non-custodial parent, or the parent who does not have primary physical custody of the child. The reasoning is that the custodial parent already contributes financially by providing food, housing, transportation, and daily care.
Child support aims to ensure that all the child’s needs are met. Those needs include:
- Necessities (food, clothing, and shelter)
- Medical and dental care
- Educational expenses
- Extracurricular activities
- Transportation costs
Alabama courts place the best interests of the child above all else, working to ensure that children do not suffer financially simply because their parents are no longer together.
Understanding the Alabama Child Support Formula
One of the most common questions parents going through divorce ask us is “How is child support calculated in Alabama?”
The State of Alabama uses a standardized formula, the “Income Shares Model,” to calculate child support. The formula provides a number that mirrors the financial support the child would receive if their parents were still together.
The formula takes into account several key factors, including:.
- Both Parents’ Incomes: This includes wages, salaries, self-employment income, bonuses, commissions, and, if applicable, benefits such as retirement or disability pay.
- Number of Children: The child support obligation is higher when more children are involved.
- Health Insurance Costs: If one parent pays for their child’s health insurance, that expense is factored into the child support calculation.
- Childcare Costs: Necessary childcare expenses, such as daycare or after-school care, are added to the overall obligation.
Using the Alabama child support guidelines, the state determines a basic child support obligation. Child support payments are determined by considering the combined income of both parents and calculating the percentage of that income that the non-custodial parent earns. That number represents the percentage of the total child support obligation owed by the non-custodial parent.
For example, if the non-custodial parent earns 70% of the total income, they are responsible for paying 70% of the child support obligation. The custodial parent’s obligation is considered met by the daily housing, food, transportation, and care they provide to the child.
Adjustments and Special Circumstances
In some situations, the court may deviate from Alabama child support guidelines. Those situations include:
- Joint Custody Arrangements: The court may adjust the support if the child spends nearly equal time with both parents.
- Extraordinary Medical Expenses: Higher child support may be required if a child has unique healthcare needs or other special needs.
- High or Low Income Cases: If the parents’ combined income is far above or below the guideline charts, the court may use its discretion to set an appropriate amount.
Regardless of the circumstances, the primary consideration when determining child support obligations is always the child’s well-being. Any adjustments stem from that guiding principle.
Modifying or Enforcing a Child Support Order
Child support orders are legally binding. However, Alabama child support laws recognize that life circumstances change, and what was a reasonable determination before may no longer be so. A parent can request a modification of an existing child support order when significant income changes or changes in circumstances occur, including:
- A substantial increase or decrease in either parent’s income
- A change in the child’s needs (medical or education expenses)
- A change in custody or visitation arrangements
- Job loss
To modify an existing support order, a parent must file a petition with the court and provide evidence of a significant change in circumstances. That evidence can include pay stubs, tax returns, or proof of expenses.
If a parent fails to pay child support, the other parent can take legal action through the court system or the Alabama Child Support Enforcement Division (CSED). Enforcement methods may include:
- Wage garnishment
- Seizure of tax refunds
- License suspensions
- Contempt of court proceedings
An experienced family law attorney can help you enforce a child support order and pursue the financial support that your child deserves.
How to Apply for Child Support
Parents seeking to establish child support can do so as part of a divorce or custody case, or by filing a separate petition with the court. To do that, you must:
- File an Application: File your application through the local county court or the Alabama Department of Human Resources (DHR). You should work with an attorney to make sure the petition is correctly completed and filed in the proper jurisdiction.
- Provide Financial Information: Parents must disclose incomes, expenses, and other relevant details. You’ll need a pay stub, tax returns, proof of childcare, and proof of health insurance costs.
- Attend a Court Hearing: A judge will review the information and issue a child support order. Both parents may present evidence. The judge will then determine a support amount in accordance with Alabama guidelines.
Get Legal Support for Child Support Matters in Alabama
If you’re seeking a divorce settlement that protects your child’s best interests, the team at Leigh Daniel Family Law is ready to help. Our founder, Leigh Daniel, has over 30 years of experience handling complicated divorce cases and helping clients secure brighter futures for their families.
Some of those clients have offered kind words to express their satisfaction with the legal representation provided by Leigh Daniel Family Law:
“Leigh’s knowledge and experience helped me through a very stressful and trying experience with a very controlling and manipulative ex-spouse. She was able to calm the storm for me, which resulted in a fair and just settlement. Thanks, Leigh and your team, for helping me achieve ultimate peace and freedom. Leigh Daniel and her staff come very highly recommended!!” – Anissa Watson
You don’t have to face this difficult transition on your own. Our legal team understands child support in Alabama and stays informed of new Alabama child support laws. We’re here to provide the compassion, understanding, and aggressive advocacy you need to start building towards a better tomorrow. Contact us for your consultation today.
