Child support in Alabama is generally calculated using the guidelines established in Rule 32 of the Rules of Judicial Administration. Calculation of child support using Rule 32 establishes a rebuttable presumption that child support is the proper amount of child support that should be ordered by the court to be paid. To rebut this presumption, the parties must show either (1) a fair, written agreement between the parties establishing a different amount and the valid reasons therefore; or (2) a determination by the court based upon evidence presented that application of the Rule 32 guidelines would be unjust or inequitable.
The “basic child support obligation” is calculated by determining the total monthly gross income of the mother and father and applying that to the schedule of basic child support obligations included in the appendix to Rule 32 based on the number of minor children involved. Once determined, the basic child support obligation is added to amounts for work-related childcare costs and healthcare coverage costs to arrive at the total child support obligation. This total is apportioned to each parent based on the ratio of his/her monthly gross income to the total monthly gross income. The custodial parent is assumed to spend his share directly on the child. The non-custodial parent (the parent who has periodic visitation with the minor child(ren)) pays his/her share to the custodial parent. This is often done through an Income Witholding Order (IWO) to ensure timely withholding of child support from the non-custodial parent’s wages and remittance to the custodial parent.
If the circumstances so require, and based upon an agreement of the parties or evidence presented to the court, the court may order such additional amounts necessary for extraordinary medical, dental and educational expenses if the court determines these additional amounts are in the best interests of the child(ren).
Alabama courts require the child support calculations and other background information be provided to the court on prescribed child support forms.
The calculations discussed above are more complex when one parent is self-employed, or if one parent’s income fluctuates significantly from year to year because of changing jobs, fluctuating overtime pay, or just not working. A lawyer experienced in child support matters can guide you through maze of rules and forms to ensure your child support obligation is calculated correctly so that your children receive the financial support mandated by Alabama law.
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