Alabama Laws on Child Support & the Restart of Child Support

By Jim Thomas

Child support in Alabama is usually determined in a straightforward manner. As in many other states, Alabama uses the "income shares" model to determine child support. The formula takes into account the combined gross income of both parents, percentage each parent earns and several other factors such as who pays for health insurance. Either parent can ask for the child support amount to be recalculated at any time when there is a change of circumstances. There are situations when child support is stopped and then restarted, but they are rare.

Changes in Child Support

If financial circumstances change, either parent may file a Petition to Modify the child support amount. The court will do so only if a recalculation of the payment amount results in a change of 10 percent or higher. For example, if your spouse gets a big promotion and salary raise, your percentage of the gross combined income might drop significantly, which would lower the amount you should pay under the income shares formula.

Age

In most circumstances, you are obligated to pay child support until your child is 19. At that point, a family court judge usually terminates your required support payments. However, your ex-spouse might petition the court to require you to resume making payments if your child is in college and you have the financial resources to pay continued child support. You also must continue to make payments if your child is mentally or physically unable to support himself at the age of 19.

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

Rare Circumstances

Other rare circumstances that might require child support payments to restart are more hypothetical than realistic. Let's say your ex-spouse hits the lottery and wins a million dollars at the same time you lose your job. Her income is suddenly 100 percent of your combined income; thus, you could petition the court to stop your child support payments. Five years later, your new job pays more than your old job and your ex-spouse has squandered all of her winnings and can't find work. She could petition the court to order you to resume making child support payments. Under the shared income formula, the court would order you to do so.

Considerations

Although the shared income guidelines are usually mandatory, the court may deviate from them when the parties enter into a fair, written agreement that establishes a different amount of child support, along with a finding by the court that enforcing the guidelines would be "manifestly unjust or inequitable." The court always weighs the best interests of the child in approving an exception to the usual child support guidelines.

Divorce is never easy, but we can help. Learn More
Alabama's State Laws on Child Support Payments

References

Related articles

Child Support Laws in New York State

Child support refers to payments by a non-custodial parent to a custodial parent for the benefit and maintenance of a minor child. State laws govern child support, but judges have some discretion. In New York, child support is treated as a separate matter from visitation and custody. A parent cannot withhold child support payments because the other party is interfering with his custodial or visitation rights.

Can Child Support Go Up When a Spouse Makes More Money in California?

Child support orders are not permanent, but instead adaptable to particular changes of circumstance. In California, the modification process begins with a petition to the court and the judge will look to whether a material change in circumstances has occurred, with enhanced wealth typically qualifying as such a change. However, it is important to understand that increased income is only one factor of many the court will take into consideration when determining whether or not to increase support.

Guidelines for Arkansas Child Support Payment & Income

Arkansas law takes much of the pain and fuss out of calculating child support. If it appears that you'll be the non-custodial parent when your divorce is final, estimating how much you'll have to pay – and how you'll pay it – is comparatively simple, given how complex the process can be in other states. Arkansas passed Administrative Order No. 10 in 1990, which offers charts and rules that tell you exactly how much your child support obligation should be.

Get Divorced Online

Related articles

How Often Can You Check an Ex-Spouse's Income for Child Support in North Carolina?

Child support is awarded to a custodial parent to assist with the expense of raising a child. The non-custodial parent ...

Can I Go After My Ex-Husband's New Wife's Income for More Child Support in California?

As part of a California divorce decree, the court generally issues a child support order, which is based on your living ...

Kentucky Child Support: Frequently Asked Questions

As Kentucky parents, when you and your spouse divorce, the court sets a child support amount for the noncustodial ...

How To Stop Alaska Child Support for My Daughter, Who Turned 18

In a perfect world, you could simply stop writing checks for child support when your child emancipates and reaches the ...

Browse by category
Ready to Begin? GET STARTED