Huntsville Child Support Attorney
As simple as it sounds, many divorcing parents simply don't understand child support. You need a compassionate Alabama Child Support Lawyer to guide you through the process and to help ensure that children of divorced parents are not deprived an acceptable standard of living
Every Child Deserves the Support of their Parents
Under Alabama law, child support payments are monthly payments intended for the care and maintenance of the minor child. Child Support issues may arise in a variety of family law cases including divorce, modification of child support, paternity, and non-parental custody actions.
Child Support payments are typically calculated according to the Child Support Guidelines in Rule 32 of the Alabama Rules of Judicial Administration. The rules are specific about who has to pay and how much, but the calculations can become complicated and confusing. You will need an experienced Huntsville Child Support Attorney to assist you in calculating child support payments.
Deviations from Child Support Guidelines
No two child support cases are the same and Alabama Courts recognizes this reality. Alabama child support laws allows for the parties to deviate from this Child Support Guidelines. Some of the circumstances that might warrant a deviation include:
You have shared custody or extensive visitation rights with your children that are beyond the norm.
One parent bears a substantial cost for transportation related to visitation.
College education expenses are incurred before the child reaches 18.
One or more children earn, receive, or inherit substantial income or assets.
The actual child-case costs incurred on behalf of the children because of the employment or job search of either parent exceeds the costs allowed Rule 32 by twenty percent (20%) or more;
Other extenuating circumstances that the courts deem in the best interests of the child.
In some circumstances, child support payments are not calculated according to the guidelines, but are determined by agreement of the parties.
Modifying Child Support Payments in Alabama
Child support payments are subject to modification only when the party petitioning for a modification can prove "a material change in circumstances that is substantial and continuing" has occurred. For instance, if the paying party loses his or her employment and is unemployed he or she may seek a modification.
Enforcing Child Support Payments in Alabama
When a parent fails to make their child support payments in accordance with a court order, the other party may file a lawsuit to hold the non-paying parent in contempt of court. The court will set the contempt matter for hearing and determine whether the non-paying parent should be held in civil or criminal contempt for non-payment of child support.
Common Misconceptions About Child Support
If both parents agree, nobody needs to pay child support.
Child support is a simple, once-a-month payment
Child support payments can only be spent on the child.
I have joint custody so I don't have to pay child support
Mothers don't have to pay child support, only Fathers are required to pay child support.