Alabama Child Support Awards And Application Of The Alabama Child Support Guidelines
The calculation of Alabama child support is governed by the Alabama Child Support Guidelines. The Alabama Child Support Guidelines are part of the Alabama Rules of Judicial Administration, and guide the court in determining how much child support is to be awarded in an Alabama divorce.
The calculation result from the Alabama Child Support Guidelines is presumed to be the correct amount of Alabama child support. This means that the court assumes that the calculated amount is the correct amount unless you or your attorney proves otherwise. The child support guidelines state:
There shall be a rebuttable presumption, in any judicial or administrative proceeding for the establishment or modification of child support, that the amount of the award that would result from the application of these guidelines is the correct amount of child support to be awarded.
There are legitimate legal and factual reasons for deviating from the amount calculated by the Alabama Child Support Guidelines. The guidelines themselves list a number of reasons for deviation from the calculated child support award.
- Shared physical custody or visitation rights which provide for periods of physical custody or care of children by the parent paying child support which are in excess of the customary time periods typically ordered by the court
- Extraordinary costs of transportation for purposes of visitation borne substantially by one parent
- Expenses of college education incurred prior to a child’s reaching the age of majority
- Assets of, or unearned income received by or on behalf of the child or children
- Any other fact or circumstance that the court finds contributes to the best interest of the children receiving support
SHARED PHYSICAL CUSTODY
Where parties share physical custody of children, the court is authorized to deviate from the calculated child support amount. This is because where the parents truly have custody of the children for equal amounts of time, it is assumed that they will also incur equal amounts of financial requirements regarding the children.
EXTRAORDINARY COSTS ASSOCIATED WITH VISITATION
Where the noncustodial parent lives a great distance away from where the children reside with the custodial parent, the expenses incurred in
ASSETS OF THE MINOR CHILD OR CHILDREN
Such things as a disability payment to the child, a family trust that pays periodic payments for the benefit of the child, or an annuity on which the child is a beneficiary may be considered in calculating child support. If there is a source of financial support outside the realm of child support paid by the paying parent, it should be considered.
OTHER FACTORS
The list of factors that are considered when determining whether to deviate from the amount of child support calculated by the Alabama Child Support Guidelines is not all inclusive. As noted, the court can take into consideration any factor that the court determines has an effect on the best interest of the minor children or child. Because of this, it is critically important that you hire and work with an experienced Alabama divorce lawyer. An experienced Alabama divorce lawyer can examine the particular financial, geographic, social, and health circumstances, and determine if any of those circumstances should be brought out in your case in order to press for an adjustment of the calculated child support. This goes for either parent in a divorce, whether you are the one receiving child support or the one paying child support. The deviations considered by the court can increase or decrease the amount of Alabama child support awarded.
In the past, Alabama appellate courts have held that such things as difficult financial circumstances, other family support obligations, and total inability to pay due to health issues or other factors are sufficient reasons to deviate from the child support calculation. On the other hand, the expenditures of a “new family” or the mere possibility of the paying party to obtain future employment has been held not to justify a deviation. An attorney can assist you with the detailed and complex consideration of your specific case.
The Alabama Child Support Guidelines are use to set temporary child support and for determining the modification of child support.
Alabama child support can be complicated when you consider all the variables that go into the child support calculation and the numerous reasons for the court to deviate from the Alabama Child Support Guidelines. The aid of an experience Alabama divorce attorney is essential if you are to truly end up with a fair child support order.
