Child Support
Who Pays Child Support?
Generally, Alabama child support guidelines say that the parent with primary custody of minor children will be entitled to receive child support from the parent who does not have primary custody. In most situations, one parent will be the primary custodian with the majority of the parenting time. The other parent will then be ordered to pay the primary custodial parent a sum of money in the form of child support. However, this is not a universal rule. Today, more people are finding ways to have shared joint custody of children, which means both parents may have significant expenses relating to child-rearing. Unlike in the past, where one parent shouldered the financial burdens of raising children and the other paid support, today both parents may have equal parenting time.
How Is Child Support Calculated?
Alabama applies a test known as “income shares.” This simply means the respective incomes of both parties are considered in the equation. Often, the higher-earning spouse is also the parent with the most parenting time. In this scenario, the lesser-earning parent may not have to pay child support. Or a non-custodial parent may earn more but also cover things like daycare and health coverage for the children. In this situation, child support may come out to be less than expected.
Alabama uses a Schedule of Basic Child Support Obligations to calculate all the relevant factors, such as:
- Income of each parent
- Cost of healthcare expenses and who pays them
- Health insurance premiums and who pays them
- Work-related childcare expenses and who pays them
There are adjustments made based on the amount of shared parenting time each parent has with the children and the other expenses that each parent pays for. There is a presumption that when basing child support on these guidelines, it is fair and reasonable. However, there are times to deviate from the guidelines. Unique situations like high-income couples, situations involving multiple children from other marriages, or significant health problems for one or both parents can lead to court-acknowledged deviations from the standard. But these are not generally the rule, but rather the exception.
Reasons for Deviations
There are several grounds for deviating from basic child support guidelines.
These may include situations such as:
- Extraordinary health or education expenses
- Changes to visitation or parenting time that cause one parent to have substantially more or less time with the children
- Minor child receiving significant assets or income
- Significant childcare costs associated with one parent looking for work or retraining for employment
- Substantial travel expense incurred by one parent due to visitation
Modifying child support can be difficult, however. Once a child support order is entered, you may need to wait until there is a significant change in circumstances before a court will entertain a petition to modify it. Sometimes it can be difficult to learn of changes in the other parent’s income or employment. If you discover that a paying parent has received a significant increase in income, modification may be justified. The same is true of those paying support. If you are terminated or must accept a less well-paid position, you may be able to get a modification as well.
If you need help calculating your own child support or need help enforcing a prior order for support, call Anderson Miller Law Firm and speak with a child support attorney today.
Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise.