Child support issues can arise in divorce, modifications, paternity, and non-parental custody actions. In Alabama, the Court is required to ensure that an appropriate child support arrangement is reached in all family law cases that involve children.
The attorneys of Bill G. Hall, P.C. have represented hundreds of clients with varying child support needs and can help you calculate child support, establish a child support obligation, modify a child support obligation, and enforce child support obligations.
Calculating Child Support.
Child support payments are (usually) calculated based on a statutory formula set by the “Child Support Guidelines.” The “Child Support Guidelines,” are set forth in Rule 32 of the Alabama Rules of Judicial Administration. The support sum established pursuant to the child support guidelines is deemed correct unless shown otherwise. For parties with a combined gross monthly income of less than $800.00 or more than $20,000, the support figure will be determined by the court based upon the “reasonable needs” of the child or children involved.
It is important to note that the Child Support Guidelines do not address every situation or practical consideration which may arise.
At the Law Office of Bill G. Hall, P.C. our lawyers have the knowledge and experience necessary to assist with child support issues and will work with our clients to determine proper guideline support computations while also considering all applicable factors.
Child Support Guideline Worksheets.
There are three forms for use under the child support guidelines. First, both parties must complete an “Income Statement/Affidavit” (also known as a CS-41). This form is a verified statement by the party that her current income is accurate. The 2016 version of the CS-41is slightly different from the prior form in that it provides different considerations for the cost of health insurance.
The second form is called the “Child Support Guideline Form” (also known as the CS-42). The figure calculated according to the CS-42 is accorded the rebuttal presumption of correctness as discussed herein above.
The third form is called the “Notice of Compliance (also known as “CS-43″). This form is a verified representation to the court that either the child support guidelines have been followed or contains the reasons why the guidelines have been deviated from.
If the child support obligation is to be paid from the payor’s employer and to the State of Alabama, an Income Withholding Order must be completed, filed, and served upon the employer. The receiving parent must also provide information to the Department of Human Resources to ensure payment is received.
There are several nuances that must be followed in order for the child support worksheets to be accepted by the court. The attorneys at Bill G. Hall, P.C. have the knowledge and experience necessary to assist you in properly completing all child support guideline worksheets.
Modification of Child Support.
Child support obligations are generally subject to modification. In essence, the petitioner must prove a “material change in circumstances that is substantial and continuing.” Our attorneys possess extensive knowledge and experience in regard to all facets of child support modification including periodic changes to the guidelines in and of itself and the evidence required to show a “material change in circumstances.”
Enforcing Child Support.
When a parent fails to make their child support payment and/or make them on time, the other parent can file an action with the court asking that the paying parent be held in contempt of court and for the child support order to be enforced. The state can also bring such an action on behalf of a private party.
The attorneys of Bill G. Hall P.C. have handled many contempt actions, both for parties pursuing contempt and those defending against a contempt action.