How Is Child Support Calculated In Alabama?
- Jorge Frazier
The “income sharing” model is the one that is used to figure out child support obligations in the state of Alabama. This is done so that a determination may be made on the total amount of assistance that will be paid. In Alabama, calculating an estimate of the amount of child support you are required to pay each month can be done as follows.
- First, determine the total amount of gross monthly income earned by both parents.
- Deduct from the parent’s gross monthly income the amount of child support that they paid in a previous case if either parent pays child support.
- Step 2: Split the total monthly gross income between each parent and then divide that number by the total monthly gross income.
This will tell you what percentage of the duty falls on each parent. Step 3 To determine the amount of child support that must be paid, see the Alabama Child Support Obligation Chart. Include any fees for children’s day care as well as any monthly insurance premiums.
- Step 4: Multiply the total from Step 3 by the percentage of responsibility that corresponds to each parent (obtained in Step 2).
- Step 5 Provide an answer to the following question: does the parent who has custody of the children pay for their health insurance? In such case, the amount that you arrived at for the noncustodial parent is the expected amount of the monthly payment.
If the parent who does not have custody of the child pays for health insurance, then you deduct that amount from the noncustodial parent to arrive at an estimate of that parent’s income. Other Factors that Might Have an Impact on the Amount of Child Support Paid in Alabama This is only an estimation, though.
- Nevertheless, the courts have the authority to diverge from these rules in the event that certain predetermined considerations are present.
- The following are some of the considerations that are taken into account while assessing child support in Alabama: In some circumstances, the physical custody of a child may be shared between both of the child’s parents.
If this is the case, it is generally accepted that the paying parent will be subject to a greater financial obligation simply as a result of spending more time with the child; consequently, the court may reduce the amount of child support that the paying parent is required to pay as a result of this.
- Costs of Extraordinary Transportation In the event that the parent who does not have primary physical custody of the child is required to travel a considerable distance in order to see the kid, the overall child support payment may be adjusted to account for these travel expenses.
- Revenue Received by Children Under the Age of 18 A youngster under the age of 18 may acquire income from a variety of sources.
When determining the amount of child support to be paid, this income could be taken into consideration. Income Received from Inheritance by Parents If either parent receives interest income from a substantial lump sum that they inherited, this might be considered against their gross monthly income when making the computation.
However, this only applies if the inheritance was of a significant amount. Changes to Child Support Obligations If a parent is ordered to pay child support and does not live up to their end of the bargain, they put themselves in danger of facing severe legal repercussions. On the other hand, if either parent can persuade the court that there has been a significant change in their financial circumstances after the initial child support order was issued, they have the legal right to ask the court to reconsider the previous order.
You will need to demonstrate that there has been a “substantial change in circumstances” in order to be successful in reducing your child support obligation. For instance, the parent who is responsible for making payments could lose their job, while the parent who is responsible for receiving payments might have a big boost in their income.
- When someone petitions the court for an adjustment of their child support obligation, the burden of proving to the court why the obligation should be recalculated is with the petitioner.
- However, if the responder is in disagreement with the petitioner’s request, they will be required to provide reasonable explanations for their position.
In the event that you are in need of assistance with child support, do not hesitate to get in touch with our knowledgeable family attorneys at 334-737-3718 in order to schedule a consultation. We are excited to be of service to you!
How do they calculate child support in Alabama?
Special Considerations for the Alabama Child Support Calculator Rule 32 of the Alabama Rules of Judicial Procedure allows for an amount to be set that is different than the amount that is determined by the standard formula if one of the following conditions is met: I A fair, written agreement between the parties establishing a different amount and stating the reasons therefor; or (ii) A determination by the court, based upon evidence presented in court and stating the reasons therefor, that application of the guideline amount would be inappropriate in (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 reassignment from one household to The existence of one or more of the reasons stated in this section does not necessitate that the court depart from the guidelines; nonetheless, the reason or reasons may be taken into consideration when considering whether or not to vary from the guidelines.
If the court is supplied with proof of other grounds that justify the departure from the recommendations, then the court is permitted to diverge from the guidelines even if none of the reasons stated in this section exist. When using the Income Share Model, determining how much child support to pay simply entails going through the following four steps: In the first step, you will determine the gross income of both parents and then put those figures together.
- The second step is to take the total gross income of both parents and apply it to Alabama’s table that outlines the minimum amount of child support that must be paid.
- Step 3: Determine the amount of child support that must be paid by include, in addition to the standard child support requirement, any additional expenditures for work-related child care costs and unusual medical expenses.
Step four of the calculation involves determining how much of the total child support obligation each parent is responsible for paying based on their respective adjusted gross earnings. The financial responsibility of each parent is determined by calculating the total amount owed for child support by the percentage of the parents’ combined adjusted gross income that corresponds to that parent’s share.
Do you pay child support with joint custody in Alabama?
When a couple gets divorced in Alabama, the court will almost probably include a child support order as part of the final judgment that is issued by the court. In point of fact, both parents in the state of Alabama are obligated to provide financially for their child or children.
- Because the court often operates on the presumption that the parent who has custody of the kid would be the one to give financial support, the non-custodial parent is the one who is held responsible for complying with any child support orders that are imposed.
- Obviously, the process by which child support is established is not always black and white, and there are instances in which parents might not have a standard order governing child custody or child support obligations.
When parents in Alabama have joint custody of their children, the following information is important to keep in mind regarding child support: How Do They Figure Out How Much Child Support to Pay in Alabama? When determining parental obligations, the state of Alabama refers to the Alabama Child Support Guidelines.
The guiding principles are predicated on the concept that the kid should be provided with the same level of assistance that they would have been provided with if their parents had remained together. To establish how much financial assistance a kid is entitled to receive, first the gross incomes of both of the child’s parents are included in.
Next, the amount of financial assistance is dependent on the total number of children as well as the total income. For instance, parents who have one child with a combined monthly income of $10,000 should make certain that $1,075 is set aside for that child each month.
- The percentage of the total support obligation that falls on each parent is directly related to the quantity of money they bring in.
- For instance, if custodial parent A contributes sixty percent of the $10,000 and noncustodial parent B contributes forty percent of the $10,000, then custodial parent A would be responsible for sixty percent of the $1,075 in child support, which would be $430.
Noncustodial parent B would be responsible for forty percent of the $1,075 in child support, which would be $430. Leaving behind the Recommended Practices The child support rules should be taken literally as they are: recommendations. When parents do not share custody of a child and there is one primary custodial parent and one non-custodial parent, they are most important, and most typically adhered to, in situations when there is no joint custody of the kid.
The court can and does deviate from the guidelines in some cases. This is because the court is aware that there are some cases in which custody of the child is shared between both parents, and that it would not necessarily be fair to order one parent to pay the full amount of child support that is dictated by the guidelines.
The authority to make a judgement that the judge believes is suitable for the circumstances is reserved for the judge. In cases where the parents have a very high or extremely low income, as well as those in which the kid has special needs, judges are permitted to make exceptions to the rules.
As a result, the most likely response to the question “Do you have to pay child support in Alabama if you have joint custody?” is going to be “it depends.” Although the court will almost always impose some sort of child support, the amount that must be paid may be significantly lower than what a person of comparable financial circumstances who does not have shared custody would be expected to pay.
Changing the Guidelines for Child Support in Alabama In the state of Alabama, child support is not something that is rigid or necessarily set until the child reaches the age of 19. Rather, if there is a significant change in the circumstances of the child’s life–for example, the parents move from having a sole custody arrangement to a shared one, or the parent who has sole custody changes–then a petition for modification of a child support arrangement is appropriate.
This can be done by filing a petition with the court. It is necessary for there to have been a material shift in the circumstances surrounding your case when the order was last reviewed or changed for a modification request to even be considered. A petition must be submitted to the court in order to request a change.
This petition must contain all of the relevant information on the modification that is being requested. If your former partner is on board with the modification, the court will probably go ahead and sign it. If your former partner does not accept the modification, you may be required to take the situation to court so that a judge may determine how to proceed.
Our Legal Team Is Ready to Assist You With Child Support Matters If you are a parent going through a divorce and are concerned about the possibility of being compelled to pay child support, the amount that you will be required to pay on a monthly basis will have a significant effect on your financial situation.
In the event that you and your ex-spouse have agreed to share parental responsibilities for your children, the attorneys at Haygood, Cleveland, Pierce, Thompson & Short, LLP will do all in their power to ensure that the order that is issued is equitable and just.
How much should a father pay child support?
The impact that the number of your children has on the total amount that you pay – The amount of child support you are required to pay may grow according to the number of children you share with your former spouse or partner. Assuming that you are paying the basic rate, the following will be deducted from your account: 12 percent of your total weekly gross income, if you have one child 16 percent of your total gross weekly revenue is allocated to your two children.19% of your gross weekly income is designated for children numbering three or more.
Do you pay child support with joint custody?
If you share custody of your kid(ren), do you pay child support? – Yes, to answer your question in a nutshell. Child support obligations are not eliminated when parents make parenting arrangements that include shared physical custody and share parenting responsibilities.
- However, the total amount of child support that must be paid can be impacted by a wide variety of important considerations.
- When only one parent has physical custody of a kid, the other parent, the one who does not have custody, will generally be the one responsible for paying child support payments.
These payments of child support assist the custodial parent in meeting their children’s basic needs by supplying them with a place to live, food, clothes, and other essentials. In this post, you will learn more about the aspects of child support that are mentioned.
However, in situations when physical custody is split, both parents will be responsible for separately providing the bare necessities for their children. Given this information, it is possible that some co-parents will be under the impression that the child support rules of their state would not apply to them; however, this is not the case at all.
Some states do provide courts the authority to decide whether or not it is acceptable to diverge from the child support formulas established by the state, and some of those judges may decide to do so in cases involving shared physical custody of the kid.