How to File for Modification of Child Support in Alabama

By Anna Assad

You may file for modification of child support anytime a change in circumstances, as defined by Alabama law, has occurred. In most cases, a change in either parent's income of more than 10 percent qualifies. Paying extraordinary expenses, such as special medical care for the child, may also merit a change in support. You can file a petition for modification in the circuit court of the Alabama county where the custodial parent lives or in the county that issued the original support order.

You may file for modification of child support anytime a change in circumstances, as defined by Alabama law, has occurred. In most cases, a change in either parent's income of more than 10 percent qualifies. Paying extraordinary expenses, such as special medical care for the child, may also merit a change in support. You can file a petition for modification in the circuit court of the Alabama county where the custodial parent lives or in the county that issued the original support order.

Step 1

Gather proof of the reason for which you are requesting a modification. For example, if your lost your job and now have a lower paying job, get copies of your last four pay stubs showing your new wages.

Divorce is never easy, but we can help. Learn More

Step 2

Obtain a petition for modification, Form CS-10, and financial affidavit, Form CS-41. You may download the forms from the Alabama Administrative Office of the Courts website. Click on "Child Support," then on the appropriate forms.

Step 3

Complete the modification petition. You need to include the names of both parents and children, original support order date, name and location of the issuing court and ordered support amount. State the reason modification is necessary, clearly but briefly. For example, if you lost your job, cite your job loss, what your wages were when the order was entered and what your current wages are. If your child developed a serious medical condition and you have more medical costs, cite the condition, date of diagnosis and an estimation of weekly medical expenses. Answer all questions on the petition and check any applicable boxes. Sign and date the petition.

Step 4

Complete the financial affidavit. Answer all questions and make sure you disclose all your income. Don't sign the form yet.

Step 5

Contact the clerk's office of the Alabama county circuit court where you're filing. Ask what the filling fees for modification are, what payment methods are accepted and what you must bring with you. Procedures vary by county.

Step 6

Go to the court clerk's office. Bring the original petition, original affidavit, filing fee and proof of your change in circumstances. Attach the proof copies to the petition. Sign the affidavit in front of the clerk and ask her to notarize your signature. File the modification petition and affidavit and pay the fee. Follow any instructions from the clerk and obtain the summons. Ask for two copies of the filed petition and affidavit and a copy of the court rules. Keep one petition copy with your records.

Step 7

Check the court rules for the proper service method. You may be able to serve your child's other parent by mailing him a copy of the petition and summons by certified mail with return receipt requested, or by having the parent personally served with a copy by a person over 18 who is not involved in your case. Service method varies by Alabama county.

Step 8

Follow the court rules for the service method you must use. If you use certified mail, you must use the court clerk's office address for the return receipt and write your case number on the receipt. Return to the clerk's office and complete and file an affidavit of certified mail if this was the method you used. If a person over 18 served the petition, that person must complete and file a process form at the court clerk's office after serving the parent. You must serve the other parent within 120 days of filing the petition, regardless of the service method used.

Step 9

Attend the hearing if the court orders one. Prepare what you're going to say to support your case before the hearing, if you plan to speak. Bring proof of your change in circumstances with you.

Divorce is never easy, but we can help. Learn More
How to Change Your Name in Idaho

References

Resources

Related articles

How to Change a Child's Name in Texas

Texas laws allow you to legally change a child's name by filing a petition in court. Both parents and any other person who has a court-ordered right and interest in the child must grant consent. Children ten years of age or older must also grant written consent to the name change. The petition and all other necessary forms are filed in the Texas District Court of the county in which the child resides.

How to File Legal Separation in Colorado

A legal separation is similar to a divorce except that the final order does not end the marriage, and the parties are not free to marry someone else. Some couples prefer to legally separate for religious reasons, while others hope to maintain health insurance coverage. In Colorado, the process for obtaining a legal separation is similar to the procedure for filing for a divorce. All lawsuits including cases involving legal separations begin with filing a petition, the document that notifies the court and the other party of what you want the judge to order. The final order will have provisions similar to those in a divorce decree, such as parenting responsibilities, alimony or maintenance, division of property, health insurance and retirement benefits.

How to Revise a Colorado Divorce

It's possible to modify your divorce decree to reflect your current circumstances -- for example, if you or your ex-spouse become unemployed. By going back to court, you can request changes to spousal and child support, custody and visitation rights. Updating your decree through the court provides protection for everyone involved and avoids misunderstandings that could occur through more informal arrangements.

Get Divorced Online

Related articles

How to Make a Legal Name Change in West Virginia

There are a number of reasons people change their names, and West Virginia law allows people to change their names by ...

How to File an Amended Visitation After a Divorce Is Filed in Nevada

You can try to change the child visitation order included in your divorce decree through a legal process known as ...

Can a Court Order Change Child Support in CT?

When Connecticut courts award child support as part of a divorce, they use the couple’s financial situation at ...

Procedure to Change an Adult's Name in Georgia

Georgia residents can change their legal name with a petition filed in their local superior court. State law also ...

Browse by category