Alabama child support is a legal process that makes sure both parents meet their legal responsibility to financially support their children, whether they are divorced, separated, or were never married. The state has clear guidelines and enforcement mechanisms to ensure child support obligations are fair, consistent, and in the best interests of the child.
What Is Alabama Child Support?
Child support is a court-ordered financial payment that one parent makes to the other to help cover the costs of raising a child. In Alabama, the custodial parent, the one with whom the child primarily lives, typically receives child support payments from the non-custodial parent. The purpose is to ensure the child’s essential needs are met, including housing, food, clothing, healthcare, and education.
How Child Support Is Calculated in Alabama
The state uses the Income Shares Model to determine child support. This model considers each parent’s income and divides the support obligation proportionally.
Key Factors in the Calculation:
- Combined Adjusted Gross Income (AGI) of both parents
- Number of children covered by the order
- Health insurance premiums paid for the child
- Childcare expenses related to employment
- Custody arrangements (sole, joint, or shared physical custody)
Alabama Child Support Calculator
Parents can use a child support calculator or the official Child Support Worksheet (Form CS-42) to estimate payments. This worksheet factors in each parent's income, allowable deductions, and additional expenses like healthcare and childcare. The Schedule of Basic Child Support Obligations is used to determine the starting amount, which is then adjusted based on each parent's share of income.
Example Calculation:
If Parent A earns $3,000 per month and Parent B earns $2,000 per month, their combined AGI is $5,000. If the basic support obligation for one child at that income level is $800, Parent A would be responsible for 60% of that amount ($480), and Parent B would be responsible for 40% ($320). If Parent B is the custodial parent, Parent A will typically pay $480 in monthly child support.
Custody Arrangements and Child Support
Child support amounts may vary based on custody arrangements:
- Sole Custody: The non-custodial parent pays child support based on their share of the income.
- Joint Physical Custody: Each parent has the child approximately 50% of the time, which may adjust the payment amount.
- Shared Custody: If one parent has the child more often, the other parent may still pay support, but the amount is usually reduced to reflect shared time.
Establishing a Child Support Order in Alabama
A child support order is established through the court system or by the Alabama Department of Human Resources (DHR). There are several ways to begin this process:
For Married Parents:
If parents divorce, the child support order is typically included in the divorce decree.
For Unmarried Parents:
Either parent can file a child support case independently or alongside a custody case. The court may also require paternity establishment if the father is not legally recognized.
How Child Support Is Paid
In Alabama, most child support payments are processed through the Alabama Child Support Payment Center to ensure accurate tracking and compliance.
Payment Methods Include:
- Income Withholding Order (the most common method, deducted from the paying parent’s paycheck)
- ExpertPay or MoneyGram (for direct payments)
- Mailing checks to the Payment Center
Direct payments to the other parent are discouraged unless specified in the court order, as they are difficult to track and may not be credited officially.
Enforcement of Alabama Child Support Orders
If a parent falls behind on payments, the amount owed becomes an arrearage. The state has several enforcement options:
- Wage garnishment
- Intercepting tax refunds
- Seizing bank accounts or placing property liens
- Reporting to credit bureaus
- Suspending driver’s licenses, passports, or professional licenses
It’s important to note that unpaid child support does not disappear when the child turns 19. The obligation to pay continues until all arrears are cleared.
Modifying a Child Support Order in Alabama
Either parent can request a modification of the child support order if there is a substantial change in circumstances. Common reasons include:
- Job loss or significant income change
- Changes in healthcare or childcare costs
- Custody arrangement changes
- A child's medical needs or special expenses
Modifications must be approved by the court, and a new child support order will be issued if the court agrees that an adjustment is appropriate.
When Does Alabama Child Support End?
In Alabama, child support usually ends when the child turns 19 years old, which is the age of majority. However, child support may continue beyond this age if:
- The child is disabled and requires ongoing support
- Both parents agree (and the court approves) to cover post-secondary education expenses
- The child becomes emancipated before age 19
Past-due support remains enforceable until the arrears are fully paid, even after the child support order officially ends.
Applying for Child Support Services
Parents can apply for child support services through the Alabama Department of Human Resources (DHR). DHR provides:
- Assistance in establishing paternity
- Child support case management
- Enforcement of existing support orders
- Help with locating non-paying parents
- Collection and distribution of payments
If the custodial parent receives public assistance, DHR services are usually provided automatically and free of charge.