AlabamaFamilyLawBlog.com » Child Support

Transportation Costs to Exercise Visitation Are a Legitimate Reason for a Court to Reduce a Child Support Obligation in Alabama

Alabama Divorce Lawyer, Jim Jeffries — Wed, 09 Mar 2011 21:39:48 +0000

In Alabama, the calculation of child support is governed by Alabama Rule of Judicial Procedure 32. ”Rule 32″ as it is called contains very specific instructions for how a non-custodial parent’s child support is to be determined. Once the calculation has been completed, judges are obligated to order that parent to pay that specific amount without deviation unless there is a specific reason to make the ordered amount higher or lower. One of the reasons to deviate specifically mentioned in Rule 32 concerns the situation when one parent lives far enough away from their children that they incur substantial costs to travel to see their children. These days travel to see your children in their hometown can get expensive with gas or airplane fares rising every day, not to mention hotel costs and meals at restaurants. This can be an important issue to raise in several situations.

If you are the non-custodial parent and you have to move away from your children, then this can be the basis of a motion to reduce your child support. That is especially true if you are going to be paid less money to work at your new job. In that case you can request a reduction for both reasons. Of course, anytime you are divorced and there are children involved, there is always a chance that you will have further disagreements that result in potential litigation before a judge. As a result, documenting these extra expenses with receipts, bank records and/or credit card statements is essential to giving yourself a chance to get the judge to agree with your position. Remember, the person paying child support is always the one that bears the burden to prove payment of support no matter what form.

Travel costs can also be important if you are the custodial parent and you are the one that is moving. If you notify your Ex that you intend to move and they object, litigation attempting to get a judge to allow the move can be complicated, time consuming and expensive. Offering to reduce the child support they are paying as a way to get them to agree to the move is one of many tools you can use to settle the dispute.

How Does One Stop The Obligation To Pay Child Support In Alabama

Alabama Divorce Lawyer, Jim Jeffries — Wed, 09 Jun 2010 22:00:01 +0000

A Parent who has been previously ordered to pay child support is obligated to pay until the child’s 19th birthday. Unless there is a specific date in the divorce decree or subsequent order which states that the support can be terminated on that day, a person is technically obligated to pay support until the Judge issues an order terminating the support requirement. A person can be ordered to pay support past the child’s nineteenth birthday if the child is going to college and the parent has the financial ability to pay or if the child is a “special needs” child and is mentally or physically unable to provide for themselves once they reach the age of 19. Any action intended to get one parent to pay college support MUST be filed prior to the day of that particular child’s nineteenth birthday. If not filed by then, the court forever loses jurisdiction to order college support.

If there are multiple children who are receiving support pursuant to your current order and one has turned 19, that is a sufficient basis to modify the payor’s support. The new order will be recalculated based on the parties’ gross monthly incomes and other A.R.J.A. 32 factors existing at that time but will not include support for the child that recently turned 19.

Is a Step Parent’s Income Included When Calculating Child Support?

Alabama Divorce Lawyer, Jim Jeffries — Thu, 07 May 2009 13:04:25 +0000

I am often asked whether a step-parent’s income is included for the purposes of calculating child support. The answer under Alabama law is “No.” In Alabama, child support is based on the gross monthly income of each of the parents. If one parent as remarried, that parent’s spouse’s income is NOT included when calculating child support.

Summer Childcare Expenses

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:50:32 +0000

Here is a link to an article by Laura Morgan that addresses the issue of how expenses for summer camp are treated in child support calculations by various states. Laura is a prolific author and researcher on divorce and family law issues. Her audience is generally lawyers and the cases she cites are not specific to Alabama law, but I offer it for those who may find it of interest.

Computing Alabama Child Support Guidelines

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:48:12 +0000

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).

Don’t inlcude employer paid health insurance in child support calculation

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:46:47 +0000

A recent Alabama Court of Civil Appeals opinion held that where the custodial parent did not pay the health insurance premium herself, but rather her employer paid it entirely, the trial court should not have included the premium in calculating child support.

Support for college expenses

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:45:15 +0000

A question was recently posted which asked about child support relating college expenses. In Alabama, child support generally stops when the child reaches the age of 19. However, a court does have the authority to enter an award for post minority support to assist with college expenses under certain circumstances. You will here this called a Bayliss Motion after the case, Ex Parte Bayliss, which first gave the courts in Alabama this authority. The most important thing to remember about these cases is that you must file them before the child reaches the age of 19. Otherwise, the Court loses jurisdiction to award the post majority support.

How to Collect Child Support

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:41:37 +0000

Chicago lawyer Alan Pearlman has written an excellent article on the various methods to collect child support. The article is worth a look from anyone considering what alternatives are available to them to collect child support from a non-paying parent. The link to the article is here.

Stopping child support before the age of 19

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:39:17 +0000

As many of the readers of this blog know, the age of majority in Alabama is 19. That means that child support is terminated at that time (there is provision for post minority support for assistance with college that may come up, but that is a separate issue – you can read a post I’ve made about that here).

A reader of this blog recently asked me a very good question: his child was only 18 (so not yet at the age of majority) but the child had joined the military. Does the obligation to pay child support stop under those circumstances?

As I explained in an e-mail to that reader the child support does not automatically stop. However, there is a statute in Alabama that would allow that parent to file a petition with the court and request that the child be declared emancipated, and if granted, the child support would then be terminated.

I explained to the reader that in that situation, my experience with our local judges is that they would grant his request, declare the child emancipated and terminate the child support.

Alabama Child Support Guideline Changes Stall

Alabama Divorce Lawyer, Jim Jeffries — Sun, 05 Apr 2009 02:33:41 +0000

For years, many of us involved in divorce and family law cases have recognized that the Alabama Child Support Guidelines are due to be updated. Recently, the Advisory Committee on Child Support Guidelines and enforcement made recommendations to the Alabama Supreme Court to adopt certain changes that would update the guidelines.

I learned this morning that the Alabama Supreme Court has decided to reject the recommended changes. Apparently, one of the Justices of the Supreme Court will make a written statement to the Committee advising them of the Court’s concerns. I will be very interested to see their comments.

In the meantime, we will have to continue to use the guidelines that are currently in place.

UPDATE: The new Child Support Guidelines did finally pass and were effective January 2009.