HOW MUCH WILL CHILD SUPPORT BE IN ALABAMA?
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| Number of Minor Children: | ||
|---|---|---|
| Custodial Parent | Non-Custodial Parent | |
| Monthly gross income | $ | $ |
| Deduction for alimony | $ | $ |
| Deduction for other child support for prior born child(ren) | $ | $ |
| Additional monthly child care costs | $ | $ |
| Child(ren)'s monthly health insurance premium cost | $ | $ |
| Recommended child support order | $ | |
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DO IT YOURSELF ALABAMA CHILD SUPPORT FORMS
CS-02 Petition for Support
CS-03 Answer and Waiver and Acceptance of Service
CS-12 Complaint for Paternity and Child Support
CS 41 Income Affidavit
CS-42 Child Support Guidelines
CS-43 Child Support Guidelines - Notice of Compliance
CS-44 Affidavit for Termination of Withholding Order for Support
CS-47 Child Support Information Sheet
Alabama Child Support Calculator Tips
This Alabama Child Support Calculator is based on Rule 32 of the Alabama Rules of Judicial Administration, which are subject to change.
Health Insurance – If your children are covered under a family policy (if it also covers you, the parent, and/or your new spouse and stepchildren), you can put the pro rata amount of that policy here.
Child Care Costs – Can only be entered in if they pertain directly to a parent’s work schedule or to a job hunt. In Alabama, child care costs, including day care and after-school care, rates are capped by law. A breakdown of the maximum child care rates allowed can be found here: Alabama Child Support Rates
Armed Forces Members – This can be used as a guideline, but military pay is sometimes calculated case-by-case, depending on the county. There is currently a legal disagreement over whether BAH and BAS pay should be included in your income.
Note that if both parties’ combined income is below $800 or above $20,000 per month, you are off of the Alabama guidelines and support will be determined by a variety of factors either by a Judge or by agreement of the parties. This Alabama Child Support Calculator, however, will give you a lowest or highest estimable amount.
Also note this Alabama Child Support Calculator is based upon the most current Alabama Child Support Calculator Guidelines, but should not be used as numbers set in stone. Unique circumstances, including children with special needs and medical conditions give way to different amounts. Parties can always deviate from the guidelines if both parties agree to the same amount and that amount is approved by a judge. Please see our section on child supportand divorce modification for more information.
Special Considerations for Alabama Child Support Calculator
Rule 32 of the Alabama Rules of Judicial Procedure provides for setting an amount different than the amount determined by the standard formula based on:
(i) A fair, written agreement between the parties establishing a
different amount and stating the reasons therefor; or
(ii) A determination by the court, based upon evidence presented in
court and stating the reasons therefor, that application of the
guidelines would be manifestly unjust or inequitable.
(1) REASONS FOR DEVIATING FROM THE GUIDELINES. Reasons for deviating from the guidelines may include, but are not limited to, the following:
(a) Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court;
(b) Extraordinary costs of transportation for purposes of visitation borne substantially by one parent;
(c) Expenses of college education incurred prior to a child’s reaching the age of majority;
(d) Assets of, or unearned income received by or on behalf of, a child or children; and (e) Other facts or circumstances that the court finds contribute to the best interest of the child or children for whom child support is being determined.
The existence of one or more of the reasons enumerated in this section does not require the court to deviate from the guidelines, but the reason or reasons may be considered in deciding whether to deviate from the guidelines. The court may deviate from the guidelines even if no reason enumerated in this section exists, if evidence of other reasons justifying deviation is presented.
Using the Income Share Model, the calculation of child support is essentially a four-step process:
Step 1: Calculate the gross income of both parents and add them together.
Step 2: Apply the combined gross income of the parents and apply them to Alabama's schedule of basic child-support obligations.
Step 3: Calculate the child support obligation by adding expenditures for work-related child care expenses and extraordinary medical expenses to the basic child support obligation.
Step 4: The final calculation is to divide the total child support obligation between the parents in proportion to their adjusted gross incomes. The obligation of each parent is computed by multiplying the total child support obligation by each parent's percentage share of their combined adjusted gross income. The custodial parent shall be presumed to spend his or her share directly on the child.
Example of Calculating Child Support
For example, lets assume that Lebron and Serena are getting a divorce. They have one child together. Lebron and Serena have agreed that Serena will retain custody of their child, while Lebron will have visitation and will be required to pay child support. Both Lebron and Serena each gross $2000 per month in income. Child care expenses are $50 per month. For ease in calculation, assume that the cost of health insurance is completely paid by the father's employer, and there are no pre-existing support orders for child support or alimony.
Using the Alabama child support guidelines, the calculation of child support would be as follows:
Step 1: Add Bob and Mary's gross monthly incomes to a combined gross income of $4000.
Step 2: Apply the combined income of the parents to Alabama's schedule of basic child support obligations. In this case, we have calculated that the basic child support obligation is $546.00.
Step 3: Add $50 in child care expenses to the $546.00 basic child support obligation. The total calculated child support obligation is $596.00.
Step 4: Finally, prorate the obligation between the mother and father based on their respective shares of total income. The father's presumptive child support obligation is thus 50% x $596.00, or $298 per month.
Deviating from the Guidelines
Alabama's child support guidelines recognize that there may be circumstances that a court may deviate from the guidelines when determining an appropriate amount of child support. Theses circumstances include:
Shared physical custody or visitation rights for periods of physical custody or care of children is substantially in excess of those customarily approved.
Extraordinary costs of transportation for purposes of visitation borne substantially by one parent.
Expenses of college education incurred prior to a child reaching the age of majority.
Assets or, or unearned income received by or on the behalf of, a child.
Such other facts or circumstances that the court finds contribute to the best interest of the child for whom support is being determined. A.R.J.A., Rule 32(A)(1)(e).
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Call 256-547-1005 or fill out our online inquiry form and schedule a free consultation. We can explain all the legal options available to you, enabling you to make an informed decision as to how to handle your case. You're in charge. You decide.
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