The percentage paid may stay the same, or vary if the non-custodial parent's income changes. Child support is intended to help cover the costs of raising the child; child support payments are for the benefit of the child, not the benefit of the parent receiving the payments. The state agency handles the location of non-custodial parents, enforcement of support orders, and the handling of unpaid child support arrears. In certain situations, courts may decide not to follow the guideline amount of child support according to the schedules mentioned above. Any information sent through … This differs from the federal taxation of alimony payments, which are treated as taxable income by the receiver and are deductible by the payor. For instance, if your income is $2000 per month and you are already paying child support in the amount of $200 per month to someone else, then the court would … MaritalLaws is a free public resource site, and is not affiliated with the United States government or any Government agency. This Alabama Child Support Calculator is based on Rule 32 of the Alabama Rules of Judicial Administration, which are subject to change. 98-378) and the Family Support Act of 1988 (P.L. Alabama child support guidelines provide a standard of support that's subject to the ability of the parents to pay, and to ensure that the support is fair and consistent among people in similar circumstances. Let us know in a single click. Whether post-secondary education support is ordered, and the amount that may be ordered, varies depending on the situation. dissolution of a marriage through divorce, custody agreement provides for joint or shared custody of a child. Child Support Should Cover Basic Needs. Health Insurance – If your children are covered under a family policy (if it also covers you, the parent, and/or your new spouse and stepchildren), you can put the pro rata amount of that policy … In making their decision as to whether to deviate from the guidelines, courts can take into consideration circumstances that, in their opinion, affect the best interests of the child. Basic child support, calculated based on the intersection of custody time and spousal income, is intended to cover only basic living expenses, such as clothing, shelter and food. On this page you can learn about how child support is calculated in Alabama, how custody split and extraordinary costs affect child support payments, and more. This Alabama Child Support Calculator is based on Rule 32 of the Alabama Rules of Judicial Administration, which are subject to change.. Health Insurance – If your children are covered under a family policy (if it also covers you, the parent, and/or your new spouse and stepchildren), you can … All rights reserved. Alabama Child Support Law Summary Alabama uses the "income share" method for calculating child support payments, which is designed to ensure that both the custodial and non-custodial parents contribute to their child's upkeep. This means that if the non-custodial parent shares parenting time with the custodial parent, the judge might reduce the amount of child support owed to account for the resources spent by the non-custodial parent during their time with the child. Child Support Obligation Income Statement, Affidavit: 7/1/2019: CS-42: Child Support Guidelines: 7/1/2019: CS-43: Child Support Guidelines - Notice of Compliance: 7/1/2019: CS-44: Affidavit for Termination of Withholding Order for Support: 8/17/2016: CS-45: Notice and Summons - Termination of Withholding for Support: 1/17/2007: CS-47: Child … A parent paying court-ordered child support or alimony from other relationships can subtract those payments from gross income to get an adjusted gross income. The basic support amounts and the rules for dividing amounts between parents are set out in the Alabama Child Support Guidelines. The state of Alabama does not provide an online child support calculator. The appeals court found that the credit the trial court gave did not fit in the rules for calculating child support. Example: The non-custodial parent of one child has an income of $2,000 per month, and the custodial parent has an income of $1,000 per month. Both parents, whether married or not, have a continuing legal duty to financially support their children. We value your feedback! Generally, extracurricular activities, uninsured medical expenses, and educational expensesare not included in the basic child support amount unless it is specifically noted in the settlement agreement, although the laws vary by state. Updated By Joseph Pandolfi, Retired Judge. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The court will look at the parent's recent work history, education, and occupational qualifications, and will also take into account the existing job opportunities and earning levels in the community. 1 Answer View Profile. Once a court has made an initial child support order, a parent who wants to modify (change) the support order must show a substantial and ongoing change in circumstances. Alabama law does not provide for a standard method of adjusting child support in such situations, but courts typically deviate from the guidelines to take the noncustodial parent’s increased parenting time into account. It will cost Mother $200 a month to cover the children’s medical insurance, which will lower her child support payments by $100. Mr. James Parrish Coleman. Some examples of changes that might justify modification would be one parent’s getting a much … Sadly, some parents try to avoid their child support obligation by quitting a job or failing to conduct an adequate job search. These costs may be additions to the basic Alabama child support order. These rules can be fairly complicated. Does child support cover college education expenses in Alabama? Usage is subject to our Terms and Privacy Policy. Child support usually covers food, clothing, and shelter. The court estimates that the cost of raising one child is $1,000 a month. If a court finds that either parent voluntarily became unemployed (or underemployed) the court will impute income by estimating the income that parent could earn with reasonable efforts, and will calculate child support based on that amount (not the lower wages). In these states, the family's child support payment is $100 higher than in the rest of the country, on average. Alabama courts ordering child support follow the “Income Shares Model.” This model estimates the total amount that an intact two-parent family would likely spend on the children, and then splits the amount proportionately between the parents according to their incomes – the parent with greater income is responsible for a greater percentage of support. Generally speaking, child support obligations in Alabama will be owed until the child reaches the age of 19. Child Support Health Insurance How can a parent enforce a requirement of the other parent to provide health insurance coverage? Child support may be used on general household expenses such as food, rent or mortgage, utilities, and so on to maintain a safe and decent home for the child. Child support is money paid by one parent to the other parent for the purpose of providing financial support to a child or children. See Form CS-41 for the official definition of income. Extraordinary medical costs are generally costs generated by things such as illness, hospital visits, or costly procedures such as getting braces. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. For example, if the total adjusted gross income is $4,000, the basic child support amount for one child would be $685 according to the schedule. See Rule 32 of the Alabama Rules of Judicial Administration and the attached forms and schedules, including the Child-Support-Obligation Income Statement/Affidavit (Form CS- 41), Child-Support Guidelines worksheet (Form CS-42) and Basic Child-Support Obligation Schedule. Alabama, like most states, has very specific rules for determining the financial responsibilities of single, separated, or divorced parents and for ensuring that parents pay support. Child support arrears may be collected by the state through wage garnishment, bank levy. Alternatively, you can hire a private attorney, who can go to court on your behalf and ask a judge to enforce your child support order and issue new orders aimed at collecting support. Alabama allows interest to be charged on missed child support payments and adjudicated arrears at the rate of 12% per annum. Child Support in Alabama Child Support is based on Alabama Rule 32 of Judicial Administration and is based on the Income Shares model. Unless one party can demonstrate that the amount is unjust or inappropriate, the guidelines are presumed to be … A court that orders support in an amount that differs from the guideline amount must specify the reasons for doing so, in writing. In Alabama, a number of factors are taken into account when determining the amount of child support to be paid in court. Generally, the law requires a person paying child support to make those payments until any of these apply: If you're a parent going through a divorce, or if you have never been married to your child’s other parent and are now separating, you may need information about child support. Whenever a Child Support Order is entered or modified in conjunction with a family law case, the court will address the issue of health care insurance for the children, and is authorized to require both parents to provide medical support for any child … best child support lawyers child support estimate calculator Alabama State Bar regulations require the following in all attorney advertisements: "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers." 100-485). The term "child support" covers all the economic necessities of life required by a child. Because there are so many possible variations in custody arrangements, trial judges retain authority to determine the proper amount of child support on a case by case basis when strict application of the guidelines would be unfair or inappropriate. The non-custodial parent's income is 66.6% of the parent's total combined income. Gross income generally includes all income, regardless of the source. Alabama Child Support. childcare costs, extraordinary medical costs and college costs. The child support guidelines will generally allow you an above-the-line deduction to your income if you are paying child support to someone else. ; Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted … This means that if the non-custodial parent pays child care costs, the portion of the total monthly child care costs attributed to the custodial partner are deducted from the noncustodial partner's monthly child support payment. This total multiplied by 30% is $355.50, which is what the noncustodial parent would pay to the custodial parent each month. For example, if the noncustodial parent earns $1,200 a month, and the custodial parent earns $2,800 a month, the noncustodial parent would be responsible for 30% of the $685 support amount (1,200 divided by 4,000) and the custodial parent for 70% of the $685 support amount (2,800 divided by 4,000). Do you have a comment or correction concerning this page? Therefore, child support may be used to pay for many school-related needs, such as school clothes/uniforms, tuition fees, textbooks, lunch money, and private tutors, if necessary. How are child care costs treated by child support in Alabama? The Child Support Enforcement Division of the Alabama Department of Human Services (CSED) can assist you. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses. Modifying and Terminating Child Support in Alabama. Alabama Child Support Calculator Tips. The first step is to determine each parent’s monthly gross income. The guidelines provide an adequate standard support for children, subject to the ability of their parents to pay, and … Whether it's through a mutual agreement or a court order, paying child support is not only important to the child's well-being but also strictly enforced by state authorities. Before applying these percentages to the basic child support amount, a court will add child care costs that either parent has to pay in order to work, as well as the cost of health insurance for the children. This isn’t automatic, however, and even a 10% variation won’t justify a change in the support order in every situation. Stating that the rules were mandatory, the appeals court sent the case back to the trial court to recalculate the level of support the father could pay. 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