In the state of Alabama, parents can agree to waive or reduce child support under certain circumstances. It is important to first note that the court must agree to any waiver or reduction in child support. The court’s decision will be based on whether the agreement to drop child support is in the best interests of the child.
In general, child support is ordered by family courts in Alabama in order to ensure that both parents contribute financially to the well-being of their children. Child support itself is a court-determined periodic payment that is generally ordered by a court when a child’s biological parents are separating or going through the divorce process.
The purpose of child support is to provide for a child’s basic needs, including food, clothing, education, and medical care for the child that is the subject of the order. In Alabama, when calculating child support, the total amount of the child support will be based on various different factors.
These factors include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the case.
Specifically, in Alabama, child support is calculated according to Rule 32 of the Alabama Rules of Judicial Administration. That rule provides a formula that considers each parent’s income, available deductions, childcare costs, and the cost of health insurance premiums.
It is important to note that child support will not always be ordered in every case. For instance, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses.
When Is Child Support Ordered?
Once again, child support in Alabama is ordered either during the Alabama divorce process or in a separate child support and custody case when two parents are separating. Generally, the parent that does not have primary physical custody of the child, will be the parent who is ordered to make child support payments.
Child support payments are most commonly made on a monthly basis. In Alabama, child support payments can be made:
- Online via MyAlabama.gov or through services like ExpertPay and MoneyGram
- By phone, by using the Child Support Voice Response System by calling 1-800-284-43471
- By mailing payment to the Alabama Central Disbursement Division
How Is a Child Support Award Enforced?
In Alabama, child support enforcement is managed by the Child Support Enforcement (“CSE”) Division of the Alabama Department of Human Resources (“DHR”). Specifically, that agency is responsible for enforcing child support orders, establishing paternity, and obtaining child support orders.
The CSE division and the court that issued the original support order may utilize various tools to enforce child support payments, including:
- Wage Garnishment: The court can order the non-custodial parent’s employer to withhold child support payments directly from the obligor’s paycheck
- Tax Refund Interception: The state can intercept federal and state tax refunds to cover any unpaid child support
- License Suspension: The obligor’s driver’s license or other licenses can be suspended if child support payments are not made
- Liens on Property: Liens may be placed on the obligor’s property to secure payment of any overdue child support
- Contempt of Court: Non-payment of child support may also lead to contempt of court charges, which may result in fines or jail time
- Credit Reporting: Any unpaid child support can be reported to credit bureaus, affecting the obligor’s credit score
As can be seen, child support enforcement agencies in Alabama have a variety of different methods to collect child support on behalf of the custodial parent. These agencies may also collect interest on retroactive child support if the court orders them to do so.
How Can I Avoid a Child Support Increase?
In order to avoid an increase in child support in Alabama, you can take several steps, such as:
- Maintaining a steady income, as a significant change in income may trigger a review of a previous child support order
- You may also reach an agreement with the other parent that can help avoid an increase.
- If both parties agree to maintain the current support amount, you can present this joint agreement to the court for their approval
- Finally, you can keep track of all of your expenses and use such evidence to demonstrate that the change is not needed to provide for the child
How Can I Stop Paying Child Support?
There are multiple ways in Alabama that a parent may stop paying child support. For instance, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support.
Additionally, the parent that now has primary custody of the child may also petition the court to order the other parent to pay them support based on the child support guidelines. There are also many other reasons to close a child support case that a local attorney in Alabama can assist with.
Do Child Support Payments End Automatically?
Yes, in the state of Alabama, there are certain triggering events that will result in child support payments terminating automatically. Common scenarios in which child support may be terminated automatically include:
- The child reaching the age of majority, which is 19 in Alabama
- If the child becomes legally emancipated before turning 19, then child support obligations may be terminated
- If there is a change in custody, and the paying parent gains physical custody of the child, they may no longer be required to pay child support
- If the parent paying support has their parental rights terminated, then their obligation to pay child support may also end
- Child support obligations also end if the child passes away or if the paying parent dies in certain circumstances
- In most cases, child support will not terminate automatically if the obligor passes away. Instead, child support may be collected out of their estate, if any
In other words, when the child is no longer considered a child, then the paying parent’s obligation to pay support will terminate. However, this does not mean that past-due child support will be dismissed. The parent that owes past due child support will have to deal with their arrears.
How to Get Child Support Arrears Dismissed?
In order to get child support arrears dismissed in Alabama, a motion to dismiss child support arrears must be filed by the party that has arrears. This must be filed with the court that issued the original child support order.
It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged. In general, a request for a reduction in arrears must be based on the income and assets of the party seeking the debt reduction or an agreement by the other party.
It is important to note that arrears will not automatically be dismissed when a person’s child support obligation ends. As such, interest may still continue to accrue on any past-due support.
You may also contact the Alabama Child Support Enforcement Division to inquire about any arrears management programs that might be available in your case.
Do I Need a Lawyer for Help with Terminating Child Support?
You may be having issues related to terminating, modifying, enforcing, or obtaining child support in Alabama. In this case, it is in your best interests to consult an experienced Alabama child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced child support attorney near you.
A lawyer will be able to help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, they can also help you determine if you are eligible to have any of your child support arrears reduced or discharged, if applicable. Finally, a child support attorney can also represent you in court, as needed.
