Child Support Attorney in Tuscaloosa, Alabama

Child support is a crucial aspect of family law, helping to make sure that children receive financial support after their parents separate. In Alabama, child support laws are designed to protect children, regardless of the changes in family dynamics. 

At Barnett Law Firm, I strive to provide you with the information you need to know about child support. Located in Tuscaloosa, Alabama, I serve clients in Tuscaloosa County, Walker County, Bibb County, Hale County, Greene County, and Pickens County. Contact me today to schedule a consultation.

What Is Child Support?

Child support is a financial obligation paid by one parent to the other to contribute to the care, upbringing, and well-being of their children. It's intended to cover basic needs such as housing, food, clothing, medical care, and educational expenses. 

The parent who doesn’t have primary physical custody of the child is typically responsible for paying child support to the custodial parent, although both parents are expected to share financial responsibilities for their children.

According to the Alabama Administrative Office of Courts, the amount of child support owed is determined using the "Income Shares Model." This considers the income of both parents and seeks so the child maintains the same standard of living as if the parents were still together.

How Child Support Is Calculated in Alabama

Alabama follows a formula for calculating child support, according to Rule 32 of the Alabama Rules of Judicial Administration. This formula takes into account various factors, including both parents' gross income, the number of children involved, and additional costs. 

The basic principle behind the calculation is to make sure that the child receives a proportional share of both parents' financial resources. Here’s an overview of the main components that go into determining child support:

• Gross Monthly Income: Both parents’ gross income is calculated, which includes wages, salaries, commissions, bonuses, and self-employment income. Additional sources such as disability payments, unemployment benefits, and rental income may also be considered.

• Number of Children: The number of children needing support affects the overall amount calculated. Typically, the more children involved, the higher the child support payment.

• Health Insurance Premiums: If one parent provides health insurance for the child, the cost of the premiums will be included in the calculation.

• Childcare Expenses: If the child requires daycare or after-school care, the associated costs will also be factored into the child support order.

Once these factors are considered, the court uses Alabama’s child support guidelines to determine the appropriate amount. However, it's important to note that courts may deviate from these guidelines if there are special circumstances, such as extraordinary medical or educational expenses, or if the parents agree to a different arrangement that serves the child’s best interests.

Enforcing Child Support in Alabama

Once a child support order is established, it becomes a legally binding obligation. If the paying parent (known as the "obligor") fails to make timely payments, the custodial parent or the Alabama Department of Human Resources (DHR) may take action to enforce the order. Here are some of the enforcement methods available:

Income Withholding

A common method for enforcing child support payments is income withholding, also known as wage garnishment. This means that the child support payment is automatically deducted from the paying parent’s wages or salary by their employer. 

The funds are then sent directly to the receiving parent. Income withholding may be applied to unemployment benefits, workers' compensation, and other types of income.

Contempt of Court

If the paying parent willfully refuses to pay child support, the custodial parent may file a motion for contempt of court. This process involves bringing the non-paying parent before the court to explain why they haven't fulfilled their obligation. If the court finds the parent in contempt, they may face fines, wage garnishment, or even jail time until the overdue child support is paid.

Intercepting Tax Refunds

The Alabama DHR has the authority to intercept federal and state tax refunds from parents behind on child support. If the parent owes back support, their tax refund may be seized and applied toward the unpaid balance.

Liens and Property Seizure

In extreme cases, the court may place a lien on the non-paying parent’s property, including real estate, vehicles, and bank accounts. The lien can remain in place until the overdue child support is paid in full, or the property may be sold to satisfy the debt.

License Suspension

A parent who fails to pay child support may have their driver’s license, professional license, or even recreational license (such as hunting or fishing licenses) suspended. This enforcement tool is often effective in compelling parents to make payments to avoid the loss of their driving privileges or ability to work.

Modifying Child Support Orders in Alabama

Life circumstances can change, and the child support order that worked initially may no longer be appropriate as time goes on. In Alabama, either parent may request a modification of the child support order if there has been a significant change in circumstances. 

Some common reasons for modifying child support include:

• Income Change: A substantial increase or decrease in either parent’s income may warrant a child support modification. For example, if the paying parent loses their job or the custodial parent receives a significant raise, the court may adjust the child support amount.

• Health Care Needs: If the child develops new or ongoing medical conditions that require costly treatments, the court may increase child support to cover these expenses.

• Changes in Custody: If custody arrangements change, such as the child spending more time with the non-custodial parent, the court may adjust the child support order to reflect the new parenting schedule.

• Remarriage: While remarriage may not automatically trigger a modification, a new spouse’s income may indirectly impact the financial resources available to the parent. The court may take this into consideration when recalculating child support.

To request a modification, the parent seeking the change must file a petition with the court. However, child support modifications aren't retroactive; they'll only apply from the date the petition is filed, not from the date of the change in circumstances.

Termination of Child Support in Alabama

Child support in Alabama generally continues until the child reaches the age of 19, which is considered the age of majority in the state. However, there are circumstances where child support may end earlier or continue beyond the age of 19, including:

• Emancipation: If a child becomes legally emancipated before the age of 19 (through marriage, joining the military, or other means), the parent’s obligation to pay child support may end earlier.

• Post-Secondary Education: In some cases, child support may continue past the age of 19 to help cover college or other educational expenses. Alabama courts may require parents to contribute to post-secondary education costs if the child is in school and the parent can afford to do so.

• Special Needs: If a child has special needs or disabilities that require continued financial support, the court may extend child support obligations beyond the age of 19 so the child receives the necessary care and support.

It’s important to remember that child support doesn’t terminate automatically. The paying parent must file a motion with the court to officially terminate the support order once the child reaches the age of majority or another termination event occurs.

How My Alabama Law Firm Can Help

Understanding child support laws can be overwhelming. I’m here to help guide you through every step of the process, from initial child support calculations to modifications and enforcement. 

Whether you're a custodial parent seeking fair child support or a non-custodial parent needing assistance with payment or adjustments, I’m dedicated to protecting your rights and the best interests of your child.

 I offer a range of child support services, including:

• Child Support Calculation: I may help make sure the amount of child support is calculated fairly and accurately, based on Alabama’s guidelines and your specific financial situation.

• Filing for Child Support: If you're not receiving child support, I may assist with filing the necessary legal paperwork to initiate a support order.

• Modifications: If your circumstances have changed, I may help you petition for a modification of the existing child support order.

• Enforcement: If your co-parent isn’t paying child support, I may take legal action to enforce the order and recover the money owed.

• Termination: When it’s time for child support to end, I may assist in filing the appropriate motion with the court to terminate the obligation.

If you or a loved one are dealing with child support issues. Reach out to an experienced family law or divorce attorney today.