Child Support Attorneys in Birmingham, Alabama

Child support can be one of the most emotionally charged issues that must be resolved during a divorce or parentage case. The goal is for the children to maintain at or near the same standard of living that was previously established when the parents were together. In Alabama, both parents are expected to contribute to the support of their child based on an “income shares” model (more on this later).

Although the state of Alabama has preset guidelines in determining child support, there are various factors that courts are able to use to deviate from the support guidelines. Oftentimes, the decision of the court comes down to how they view certain subjective factors based on the strength of the arguments that are presented. For this reason, it is very important to have an experienced attorney in your corner who is advocating forcefully for your best interests, and the best interests of your child(ren).

At The McCormick Firm, we have in-depth experience helping clients with child support and all other family legal matters in Birmingham and the surrounding Alabama communities. We understand the importance of ensuring that the appropriate amount of support is paid (for the well-being of our clients and their children) and protecting our clients’ interests is our number one priority.

We work closely with our clients, taking the time to listen and understand their specific needs and concerns, so we can best represent their interests. Our unwavering commitment to providing individualized service and securing the most favorable results for our clients are among the primary reasons so many of our cases are referred to us from those we have successfully represented in the past.

Alabama Child Support Guidelines

As mentioned earlier, child support in Alabama is determined based on an “income shares” model. This is the model that a majority of states use, and it is based on the principle that both parents have a legal duty to financially support their children, regardless of whether or not they are married.

The income shares model estimates the total amount that an intact two-parent family would typically spend on their child(ren), then divides the amounts proportionately between the two parents based on their incomes. For example, if one parent earned $70,000 per year and the other parent earned $30,000 per year, the higher earning parent would be responsible for 70% of the support, while the lower earning parent would be responsible for 30%. The court will presume that the percentage the custodial parent (the parent with whom the child resides) is responsible for is already going toward the direct cost of raising the child, so only the non-custodial parent is responsible to pay support. However, there are other factors that can alter the amount of child support owed by the non-custodial parent such as health care coverage amounts paid on behalf of the child, support paid for other children, or spousal support paid (or received) by a party.

It is important to understand that the courts may deviate from the amount of monthly support that is calculated using the income shares child support formula when other factors are present. These may include:

• Shared Custody: If the parents have a shared custody arrangement or the child spends significantly more time with the noncustodial parent than in a typical parenting plan, then the child support payments could be adjusted to reflect the additional time spent with the noncustodial parent.

• Extraordinary Transportation Costs: In circumstances in which the parents live a significant distance from each other and the noncustodial parent spends an extraordinary amount to travel to the child for visitations, support payments could be adjusted to account for these additional costs.

• Extra Income the Child Receives: Some minor children receive additional income that could be earned or unearned. For example, they could have earned income from an online business they started or by operating a lawn care service. Or they could have unearned income from an inheritance, family trust, or disability payment. If the income from these sources is significant, it could be factored into the support payment.

• Unearned Parental Income: Either of the parents could also have additional income from various sources, such as an annuity that they purchased with a large lump-sum inheritance. The inheritance itself would usually not be factored in, but income generated from it could be.

• Other Factors: Any other factors that the court may deem relevant could be used to adjust the child support payment.

Enforcement and Modification of a Child Support Order in Birmingham, Alabama

Once the child support order has been entered by the court, the paying parent is legally obligated to follow it. Failure to pay child support is a serious violation that can incur both civil and criminal penalties. The court has various mechanisms in place to compel the parent to pay child support, such as the ability to garnish their wages and hold them in contempt of court. If the other parent is not fulfilling their obligation to pay you the support they owe, we can help you by petitioning the court to enforce the order.

There are, of course, times when it is appropriate to modify the amount of child support that is paid. This is done when there is a substantial change in circumstance. Some situations which may warrant a child support modification include:

• The noncustodial parent loses his/her job;

• The noncustodial parent experiences a major health challenge that causes them to leave their job;

• Either parent or the child begins earning/receiving additional income;

• The child develops a health problem which result in significant medical costs;

• Either of the parents moves out of the area, causing significant travel costs for visitations.

It is important to stress that, in cases when a modification of support is needed, an informal arrangement with the other parent is not enough. They may agree to a lower payment at the time, but if they decide to come after you later on to collect alleged back child support that you owe, you will have no legal recourse but to pay it. Be sure to get your child support modification approved by the court, so you can be protected later on. Our lawyers can help you during this process.

 

Call Our Birmingham, AL Child Support Attorneys Today

Whether you are a custodial or noncustodial parent involved in a divorce or parentage proceeding, The McCormick Firm is here to help. We can also help with child support modification and enforcement issues, and any other family law or criminal legal issue you may have. To schedule a consultation with one of our attorneys, message us online or call our office today at 205-968-1302.