Alabama Family Law Blog

Here is a free interactive link to an online child support calculator. You can plug in your information and it will calculate the amount of child support that should be paid under these presumptively correct guidelines. In order to perform the calculation the primary information needed is each party's current monthly gross income (including bonuses and overtime), the cost of any work related childcare, and the cost of health insurance premiums for the child(ren).

The initial screen requests some other specific information regarding the case, but this info is only needed if you want to print the child support forms out with all of the names, etc. You can skip all of the blanks on the first page except the number of children and who has custody and the program will still perform the calculation. This is a great tool for running "what if" scenarios for calculating child support using different hypothetical figures or for seeing if a modification of child support may be due in light of a change in circumstances in the parties' financial situation.

if a seventeen yr old is not in school can the non custodial parent be released from paying child support, she in not self-supporting/emanciapted,marryied

The person paying child support would have to petition the Court to emancipate the child. The mere fact that she is not attending school does not necessarily mean a judge would do that. Typically the judge would look at that as well as whether she works, is self supporting, entered the military, married, etc.

In the state of Alabama, age of majority is 19, if the child is not in school can cs be terminated.

Yes, child support can be terminated. But, as I tried to explain in my previous post, it is up to the Judge's discretion to determine whether or not the child should be declared emancipated, and therefore, whether or not the child support should be terminated. The mere fact that the child is no longer in school, does not mean the Judge must terminate the support, it is simply one factor for the Judge to consider.

We were just taken back to court for an increase on my step son's child support. My only problem is that the child is now 16 and has said he is quiting school (which he is only home schooling in a terrible program)and has obtained a full time 40+ hours a week job. We had agreed to increase the support payments to $700 a month but this was before we found out about the full time job. Could we persue this to possible decrease the $700 a month payment?

As I understand your question, the modification of child support has already gone into effect. Is that correct? When was the Order entered? If it is within 30 days you may be able to file a Motion to Alter, Amend or Vacate. If it is outside of 30 days than your option is to file a new Motion to Modify in which you will have to prove that there has been a change of circumstances since the order was entered. You may have a chance to prevail if the child stops school and is self supporting. The mere fact that he works (even if full time) does not mean he is self supporting. Even if he is not self supporting, and you still have to pay child support, the child support guidelines do allow the court to consider the child's own income as a reason to consider reducing the child support.

As you can see, there are several different variables here that could come into play. I would talk to the lawyer that represented you at the hearing as soon as possible and let them know about this new information you have received and get his opinion on your options.

How do I go about getting a modification to my child support?

Jo , you must file a Motion to Modify Child Support. This can be done jointly without going to Court if your ex agrees. Otherwise, you must file on your own, have a hearing and the Judge decides whether child support is due to be modified or not.

We have just received a request from my husband's ex-wife's attorney requesting that we provide updated financial information. Under the law, what exactly are we required to provide and can we request that she provide the same to us as well? If she is not working, how is imputed income figured?

Carey L. Leszczynski

What form did the request take? Was it an informal request (letter from the lawyer) or a formal request through a Request for Production of Documents in the lawsuit?

If it is merely an informal request, you do not have to comply (unless you're divorce decree put some requirement on you to do so). If you refuse and there is no lawsuit currently pending, it could result in them filing one.

Does your husband have a lawyer? If not, I would recommend that he consult with one. Most will do so for just a consultation fee (you don't have to pay a large retainer up front) and you can get answers tailored to his particular case and jurisdiction. Good luck.

Do you handle family law cases in Baldwin County? Or, in the alternative, could you recommend someone who does.

Thank you again,

Carey Leszczynski

Yes, Carey, I do. I'd be glad to set up a time for a consult with your husband if he is interested. You can call us at 694-6000 to set something up. If you'd rather have a lawyer whose office is in Baldwin County, give me a call and I'd be glad to refer you.

My ex-husband has quit his $80,000 a year job and is applying for unemployment benefits to reduce his child support obligation. Do I have any recourse in this?

My youngest daughter is 18 and this month moved out of her mother's home to attend the University of Alabama. The child support agreement I signed last year says that I will pay my ex-wife $1,000 per month for the support and maintenance of the child "until the minor child reaches the age of 18 and married, 18 and self-supporting, or nineteen, whichever occurs first. Now that she has moved away from home to college, is that considered "self supporting" even though she won't be 19 until August? Can I stop child support now? Thanks for any advice.

Terry

I am active duty military.I receive a housing allowance due the lack of free housing on base. Can this be used to determine child support. The initial order did not use this as income. Also, this allowance changes, based on location.

My former husband, who is a lawyer, has filed papers to reduce his child support.
What will prove to the court that he has ability to pay, assetts, and has voluntarily done this to reduce his support obligation. I know the burden of proof will be on me..but what actually proves it?

Lily,

It is hard to answer that question in the abstract.

Generally, however, the court looks at the earnings history. If there is a substantial decrease, then the Court would want an explanation for the decrease from him.

I am assuming he is self employed. If so, it will be more difficult to prove that his income has not legitimately decreased due to a down turn in the business. Some things your lawyer would typically look at would be bank statements, the financials of the business, any financial statements he may have submitted to acquire a loan, etc. Also, you can look at what type of lifstyle he is living - has he purchased real estate recently, vehicles, etc.

Good luck.

What if your child's father has past away, and he owed child support. Is the case closed?

What if your child's father has past away, and he owed child support. Is the case closed?

Laverne -

There may be a way for you to make a claim against the deceased father's estate. Of course, this is only helpful if he left an estate against which you could try to collect the back child support. You would need to talk to a lawyer that handles probate matters (because that is the court in which you would make the claim against his estate). It is essential that if you are going to make a claim, that you get with a lawyer immediately, because there are some deadlines on when claims can be filed against the estate. If you miss those deadlines, you will likely be forever barred from collecting the past due amounts.

I do not do probate work, but if your case is in Mobile or Baldwin County, I would be glad to refer you to a lawyer who does specialize in that field. Best of luck to you.

I have three children, 21, 20, and 18. The oldest lives with me. The middle lives with his mother. The youngest lives with his mother, just joined the Marines and will be leaving for boot camp in August. In the divorce decree, nothing is said when child support ends. Can I stop payment of child support now that the youngest is 18 and has joined the Marines?

I have recently gone to court and was awarded post minority form my child who is in college. While getting child support for my w kids, the father was also requried to provide medical insurance, Is their a way to keep her insurance? And can his lawyer just call me and request my daughter's account information on paper, if she was alredy given that info in court?

Can weekley expense checks my exs-spouse receives be encluded in cuaclating child support? He receives 150.00 per week and
is provided with lodging at no cost.

I know that child support in Alabama is based on a combined gross income of both parents. Does the non-custodial parent have to pay more if the custodial parent does not work? If the non-custodial parent has an income increase and the custodial parent has an income, does that increase the child support payments?

Please Help!?!

Many states have Proportionate Share or Parenting Time Adjustment calculations when determining Child Support. Does Alabama have such calculations? If not do you know why and are there any plans for the state to review in the future?

Lynette,

If I am understanding your description, yes, these type of business perks are included as income for calculating child support. However, reimbursed living expenses such as meals and lodging generally are not.

Rachel,

The answer to both of your questions is "probably yes." It really depends on the specific numbers in your case. If you go to that online calculator I linked to you can try different variable and see how it affects the child support. For example, run it once to see what support is, then run it again with a higher number for the non-custodial parent's income and you will see exactly how much difference that makes.

Rick,

Great questions. Alabama does not currently have an automatic parent time adjustment. Alabama does provide that the court can deviate down from the guidelines under certain circumstances - one of the specific examples the Rules cite for an instance where it may be acceptable and proper to deviate down from the guidelines is where the non-custodial parent has substantially more than "standard visitation."

Rule 32 has been in the process of being reviewed for several years actually. And, modifications to it are right around the corner. I have reviewed the Committee Reports on the proposed changes and my recollection is that this issue will not change under the proposed changes (but I would have to go back and research it to be certain).

a little over 2 yrs ago I was laid off, a little over a yr ago I moved out of state but my ex spouse still lives in teh state that our child support order was issued in. Since the time of my lay off and the move, my income is about 40-45 % less than it was when the support was issued. I want to petition the court for a modification of child support. Can i do that on my own being out of state? I didnt realize that I had the option to do this on my own or I would have 2 yrs ago :( It takes $$ to get $$ that is needed. any help would be appreciated.

a little over 2 yrs ago I was laid off, a little over a yr ago I moved out of state but my ex spouse still lives in teh state that our child support order was issued in. Since the time of my lay off and the move, my income is about 40-45 % less than it was when the support was issued. I want to petition the court for a modification of child support. Can i do that on my own being out of state? I didnt realize that I had the option to do this on my own or I would have 2 yrs ago :( It takes $$ to get $$ that is needed. any help would be appreciated.

my ex recently stopped child support our daughter turn 18 sept.12 she graduated high school this spring and now attends college and still lives with me does he legally have to help pay? in our papers it doesn,t state an age or anthing about college.

My son will be turning 19 soon. He is mentally disabled and a bit behind in high school, 2 years to be exact, so I am wondering when my obligation for child support ends. To make matters more complicated, he was eligible and collecting SSI since he turned 18 but they will not pay the full amount until I quit paying child support at 19 years of age. So my question is if SSI is reduced by my child support, then am I obligated to keep paying and SSI continue to reduce paymets OR not pay when he turns 19 allowing for SSI full benefits to kick in?

Is there a law in Alabama that non-custodial parents have to contiune to pay support after 19 if the child is mildly mentally retard. The child is already 18 and is receiving full benfits from SSI.

Jean,

In cases where a child has a disability, the court has the discretion to extend child support past the age of 19. It is not automatic and will depend on the specific facts of the case. It is certainly something you should talk to a lawyer about though.

In the State of Alabama when the child reaches the age of majority of 19, what are the chances of having child support extended, if the child remains a student by going to a technical school etc.?

Robert,

A court can order what is called post minority support for technical school. The key thing to remember is that the petition requesting the post minority support must be filed before the child turns 19 or the court loses jurisdiction forever.