Alabama Child Support
Calculate and Collect Your Child Support
Get the right child support for your state now. Child Support is an
important part of your monthly budget. Shouldn't you be sure the amount is
correct? Calculate what your support should be OR calculate the arrears owed to you.
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Alabama child support is affected by Federal Law. Federal laws and regulations implemented by the Federal Government compel
the states implement certain laws pertaining to child support for Alabama to continue to receive Federal Funding. The Federal
Laws are based upon a substantial body of research pertaining to the amount of support provided to children in intact families
at different income levels. These laws also govern the realm of support collection and enforcement in the various states.
Alabama child support is calculated by using written state guidelines. Unless the Court determines that the amount
of support calculated under the guidelines would be unjust or inappropriate under the particular circumstances of
a case, the guidelines must be applied.
An Alabama Child Support trial court may also deviate from the guidelines where the parties have entered a
fair, written agreement establishing a different amount of support and stating the reasons
for the deviation.
An Alabama child support Court will only accept the parties’ agreement if a reasonable explanation is
offered as to why the parties have deviated from the support guidelines.
Alabama Courts may also deviate from the guidelines if the Court makes a written finding on the record that the
application of the guidelines would be manifestly unjust or inequitable.
Alabama child support law lists five non-exclusive reasons courts may, but need not, deviate from the
guidelines. These reasons are: (1) 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.; (2) extraordinary costs of transportation for visitation borne
substantially by one parent; (3) expenses of college education incurred prior to a child’s reaching
the age of majority; (4) assets of, or unearned income received by or on behalf of, a child or
children; and (5) such other facts or circumstances that the court finds contribute to the best
interest of the child or children for whom support is being determined.
Alabama child support courts have discussed and applied
other reasons for deviation from the guidelines such as
when income falls outside of the guidelines.
Alabama child support guidelines will be applied for income above $6,600 per year and up to $120,000 per year.
If the income is below $6,600.00 or above $120,000.00 annually, the trial court has the discretion to award
support in an amount it deems just and appropriate. Any amount of
child support that the Court orders, however, must relate to the reasonable and necessary needs of the children.
Alabama child support courts have also deviated from applying the child support guidelines in situations where
the support payor is incurring expenses to support a second family. However, even in these situations, a
support payer’s primary duty is to his or her children from the first marriage. The support payor’s duty
to these children will not be diminished because of the support payor’s duties to her subsequent "new family."
Alabama child support can be estimated by using child support calculators. Some of those calculators can be found through the links below.
Once Alabama child support has been calculated by the Court, an Order of support will be entered which will
clearly set forth the support payor’s obligation and other specifics, such as how support will be paid.
Alabama child support payments are most often made by use of an Income Withholding Order. This Order will be
served on the payor's employer, child support will be deducted from the payor's paycheck and paid directly to
the court. Upon receiving the payment, the court will remit the money directly to the support recipient.
In certain circumstances, an Order of child support can be changed to increase or decrease the amount of the
support payment. After an Order of Support has been issued, either parent can ask that child support be
recalculated at any time by filing a Petition to Modify. However, the amount of support will be changed
only if the recalculation results in a change in the calculated child support of 10% or more.
After an Order of Support has been issued, it is the obligation of the support payor to
send payments as set forth in the Order. If payments are not made on time, the support recipient can seek to collect t
he past due amounts. There are penalties which may be assessed against the support payor if she fails to pay support as Ordered.
If you are owed back child support, you should be aware that the State of Alabama has a statute of limitations
for collecting support arrears. After 20 years, you will be prevented from collecting these past due amounts. If you have a statute of limitations concern, however, you should also consult the laws for the state that issued the Order and the State where the noncustodial
parent resides. The statute of limitations will be the
longer of the two.
If you need help collecting past due child support, you
should be aware of the State of Alabama Child Support
Enforcement Partnership that may be able to offer you
assistance. This special Partnership was established to
help families establish paternity (when necessary),
obtain orders for payment of child support, and secure
compliance with child support court orders.
Alabama child support terminates upon the child's 19th
birthday or when the child graduates from high school.
However, the Court can order parents to pay beyond this
date for the child's college education.
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