Child support is a significant financial consideration in Alabama divorces involving minor children.
It establishes a structured method to calculate financial support for children whose parents are separated or divorced.
Here, our Alabama divorce attorneys provide an overview of how child support is calculated in Alabama, factors that influence the amount, and answers to frequently asked questions on the topic.
Alabama Child Support Guidelines
Alabama uses an income shares model to determine child support obligations. This model considers the following for both parents:
- Gross income from all sources;
- Number of children they are supporting;
- Child care and health insurance costs; and
- Existing child support/alimony orders.
The goal is to calculate the proportion of parental income that would be spent on the children if the family was still intact. This total child support amount is then divided between the parents based on their individual incomes.
For example, if the total child support amount is calculated as $1,000 per month, and one parent earns 60% of the combined income while the other earns 40%, the first parent would pay $600 per month in child support.
You can use a Child Support Calculator to estimate payments based on these guidelines for income ranges and number of children. However, the court will consider each case's specific circumstances.
Factors Influencing Alabama Child Support Amounts
While Alabama’s child support guidelines provide a framework, the following factors can influence the final child support order.
Income Determination
Gross income for child support is broadly defined and includes wages, salaries, commissions, bonuses, investment income, unemployment benefits, and more.
However, the court can deviate from using total gross income in certain situations, such as for low-income parents.
Number of Children
The number of children needing support impacts the total child support amount. Generally, the amount per child decreases as more children are factored in based on the assumption that multiple children can share some expenses, like housing costs.
Child Care Costs
Work-related childcare costs for children under age 12 are added to the support calculation. The costs are typically divided based on each parent's percentage of the combined income.
Health Insurance Premiums
If a parent pays health insurance premiums for the children, this cost is added to the support calculation and divided between the parents.
Understanding the nuances of child support calculations in Alabama involves considering various factors that can influence the final order.
Income determination, the number of children involved, childcare costs, and health insurance premiums all play pivotal roles in shaping the support amounts.
While the guidelines provide a baseline, deviations may occur based on specific circumstances, such as low-income scenarios.
Custody Arrangement and Parenting Time
Child support may be significantly lower for parents with 50/50 custodial time, as costs are more equally shared. Parents with less custodial time generally pay more child support.
Other Child Support Orders
If either parent is supporting other children from another relationship, this obligation will be factored into their income calculation for the new child support order.
Frequently Asked Questions About Alabama Child Support
Curious about how child support works in Alabama? Here are some frequently asked questions to help guide you through the process.
How Long Does Child Support Continue in Alabama?
Child support continues until age 19 or age 21 if the child is still in high school full-time. It can extend longer if the child has a disability.
Typical termination events also include a child getting married or joining the military.
Can Child Support Orders Be Modified Later?
Yes, either parent can request a child support order modification if there is a material change in circumstances for either parent or child. Common reasons include changes in income, parenting time, or the child's needs.
Does Child Support Cover College Expenses?
No, child support in Alabama does not cover college expenses. Those costs are handled separately through agreements, court orders during divorce proceedings, or third-party mediation.
What if a Parent Is Self-Employed or Underemployed?
For self-employed parents, the court will closely examine income and expense records.
For parents who are unemployed or underemployed, the court may calculate child support based on potential income unless the situation is temporary and reasonable.
Is Child Support Taxable Income or Tax Deductible?
No, child support payments are not taxable as income for the recipient nor tax deductible for the payer. In contrast, alimony/spousal support is taxable for the recipient but deductible for the payer.
Are There Other Add-on Costs Included?
In addition to work, childcare, and health premiums mentioned earlier, the court may add children's costs for education, special needs, and/or travel expenses for parenting time into the guideline calculation.
What if a Parent Refuses to Pay Child Support?
There are enforcement mechanisms available, including interception of tax refunds, suspension of licenses, garnishment of wages and bank accounts, or potential contempt of court charges, leading to potential fines or even jail time.
Fight Harder, Fight Smarter
Child support is a crucial obligation that provides for children's needs after a divorce. By understanding Alabama's specific guidelines and potential factors influencing the amount, you can prepare for this important negotiation.
If you need assistance with determining, paying, or receiving child support in Alabama, the experienced divorce attorneys at Baxley Maniscalco can guide you through the process.
Our team has in-depth knowledge of Alabama child support laws and will compassionately advocate for the best interests of your children.
Take the first step by contacting us today to schedule a confidential consultation.