Child support is intended to provide for the best health, education and welfare of the children. Child support is established based on complex mathematical income calculations. Parents are required to fill out the Alabama child support worksheet – providing income and expense affidavit along with W-2’s to verify income.
Alabama law uses the term “income shares” for child support which include the following factors;
- combined gross income of parents
- each parent’s gross income as a percentage of the combined gross income
- pre-existing obligations to pay alimony or child support
- number of children under 19
- amounts paid for work-related child care and amounts paid for health insurance
Following child support guidelines is mandatory. Parties may deviate if they have signed a fair, written agreement establishing a different level of support (including reasons therefore). The court may make a finding on the record demonstrating how the guidelines would lead to an unjust or inequitable level of support.
Alabama Rule of Judicial Administration 32 permits five basic circumstances for modified child support agreements;
- shared physical custody or visitation rights by the “obligor” parent, substantially in excess of levels customarily approved by court
- extraordinary costs of transportation borne substantially by one parent
- college education expenses
- assets received on behalf of children or
- other facts or circumstances supporting adjustment
Child support only governs amounts higher than $6,600 and lower than $120,000. If the income is outside this range, the court has discretion to modify the child support figure. The expenses required to maintain a “new family” can also be considered in relation to child support payments.
