In any child custody or divorce matter where the parties have children together, the court, with a few exceptions, will make an order regarding child support. The attorneys at JP Coleman Law, LLC handle family law cases on a daily basis and are more than happy to discuss your child support, child custody and family law matters with you. This article addresses the basics of child support and how it is calculated.

Child Support Basics

1.  What is child support?

Child support is money that is paid by one parent to another (or to a third-party custodian in some cases) for the benefit of a minor child.  The logic behind child support is that non-custodial parents should have to contribute financially to the custodial parent to offset the costs of child rearing and to stave off the chances of the child becoming dependent on the State of Alabama for support. Child support is ordered in cases where one party has petitioned the court for custody, visitation, and/or support, whether that request be part of a divorce, a petition for custody, a petition to modify, or some other kind of petition. 

2.  How is Child Support Calculated? 

Child support is calculated using the child support guidelines set out in Rule 32 of the Alabama Rules of Judicial Administration. The parties report their gross monthly incomes on an income affidavit known as a CS-41.  Those incomes are then added to a child support worksheet that runs those figures through a pre-determined formula that generates an adjusted combined gross monthly income child.  That adjusted combined income is then applied to a spreadsheet (known as Appendix B to Rule 32) to generate a basic child support figure. That figure is then broken into two numbers, one for each parent, that is based on each parent’s percentage of their combined gross monthly income.  The non-custodial parent then pays that amount to the custodial parent in child support, after taking into account which parent pays for health insurance and/or daycare.

Parties may agree to a different child support amount in what is known as a deviation from child support.  However, the parties must be able to demonstrate that the deviation from the child support guidelines is in the best interest of the child or children based on the circumstances.  

3.  How is Child Support Paid?

Child support can be paid in several ways.  The parties can pay child support directly between themselves.  This is a straightforward approach, but it does not create a record of what child support has been paid and when, nor does it automate payments.

The parties can agree that one party pays child support to the Child Support Payment Center in Montgomery, AL, which makes a record of what has been paid and then forwards that money to the custodial parent. This method creates a verifiable record of child support payment history, but it does not automate payments and instead relies on the noncustodial parent to make the payments.

The parties can also agree to an income withholding order, where child support is withheld from each paycheck and then forwarded to the other parent.  This method is verifiable and is automated.  However, when one party changes jobs, this change in jobs requires a change in the income withholding order. 

4. How is Child Support Modified or Terminated?

As a general rule, child support is terminated when a child turns nineteen years old, though there are some exceptions to this general rule. However, parties should be mindful of the fact that child support does not simply “turn off” when a child turns nineteen years old unless the proper steps are taken at the outset. Otherwise, a party must take proactive steps to terminate child support. 

Child support may be modified when there is a change in the income of either or both of the parties or a change in the needs of the child. In Alabama, an increase or decrease of income of 10% or more creates a prima facia case that child support is due to be recalculated. 

5.  What if Child Support is Not Paid?

Child support obligations becomes final judgments thirty days after they are due and payable, after which time a party loses the ability to modify that particular payment unless an action is pending to modify child support. 

One party may collect on past due child support in the same way that a party may collect on any other money judgment in Alabama, including but not limited to levying bank accounts and garnishing wages.  Additionally, unpaid child support accumulates interest at 7.5% and this interest is compounding, which can lead to huge arrearages for those who go for lengthy amounts of time without paying child support. 

 

The attorneys at JP Coleman Law, LLC in Baldwin County, AL, practice family law, including divorces and child custody cases, on a regular basis.  To learn more, visit their website or contact them at 251-947-6247 to schedule a free initial consultation.