Alabama Child Support Order

An Alabama child support order is a legally binding court directive that requires one parent to provide financial support for their child's basic needs after separation or divorce. Whether parents were married or not, the law in Alabama ensures that children receive adequate financial care from both parents, regardless of custody arrangements.

If you are navigating a child support case, this guide explains how child support orders work in Alabama, how they are established, modified, and enforced, and what parents should expect throughout the process.

What Is an Alabama Child Support Order?

An Alabama child support order is issued by a court or through the Alabama Department of Human Resources (DHR). It specifies:

• The amount of child support the non-custodial parent must pay
• How often payments must be made (typically monthly)
• Payment methods (usually through the Alabama Child Support Payment Center)
• Provisions for health insurance and additional costs such as childcare or medical expenses

A child support order can be part of a divorce decree, or it can be a separate legal action if the parents were never married.

Who Can Request a Child Support Order?

Either parent can request an Alabama child support order. Common situations include:

• Divorce or legal separation
• Parents who were never married
• Cases where paternity has been legally established

In Alabama, even if parents share custody, the parent with less parenting time typically pays child support to the custodial parent, unless both parents have similar incomes and share equal time.

How Is Child Support Calculated?

Alabama uses the Income Shares Model to calculate child support. This model considers:

• Each parent’s adjusted gross income
• The number of children involved
• Health insurance costs
• Work-related childcare expenses
• Custody arrangements

The court uses a Schedule of Basic Child Support Obligations to determine the recommended amount. Each parent is responsible for a percentage of the total, based on their income. Let’s have a look at the example:

If one parent earns 60% of the income, they are typically responsible for 60% of the child support payment.

How to Establish a Child Support Order in Alabama

To obtain a child support order, you can:

1. File a court case through your local county courthouse
2. Apply for services through the Alabama Department of Human Resources (DHR)
3. Include child support terms in a divorce or custody case

In most cases, parents must complete Child Support Guidelines Worksheet CS-42, which documents income and expenses.

What Happens After a Child Support Order Is Issued?

Once the court issues an Alabama child support order, payments must be made as directed. Usually, payments are automatically deducted from the paying parent’s paycheck through income withholding, unless the court allows an alternative.

All payments must go through the Alabama Child Support Payment Center to ensure they are properly recorded. Paying the other parent directly can lead to legal complications and will not be recognized by the state.

Enforcing a Child Support Order

If a parent falls behind on payments, the DHR or the court can enforce the order through:

• Income withholding
• Seizure of tax refunds
• Property liens
• License suspension (driver’s, professional, or recreational)
• Passport denial for debts over $2,500
• Reporting delinquencies to credit bureaus

Each missed payment creates an arrearage (a legal debt), and interest may accrue on unpaid amounts.

Modifying an Alabama Child Support Order

Either parent may request a modification of a child support order if there is a substantial change in circumstances, such as:

• Job loss or new employment
• Significant income increase or decrease
• Changes in health insurance or childcare costs
• A change in custody or parenting time

Alabama typically requires at least a 10% change in the calculated support amount to approve a modification.

All modifications must be approved by the court; private agreements between parents are not legally binding.

How Long Does a Child Support Order Last?

In Alabama, child support generally continues until the child reaches 19 years of age, which is considered the age of majority in the state. However, there are specific exceptions to this rule. If the child becomes legally emancipated before turning 19, such as through marriage or joining the military, the child support obligation may end earlier.

On the other hand, if the child has a disability that requires ongoing care and financial support, the court may order extended child support beyond the age of majority. Additionally, parents may voluntarily agree to cover post-secondary education expenses, such as college tuition, but this agreement must be approved by the court to become enforceable. It’s also important to note that even after a child support order ends, any past-due payments, known as arrears, remain legally enforceable until they are fully paid.

Important Considerations

• Health Insurance

The court often requires one parent to maintain health insurance for the child, with costs factored into the support amount.

• Tax Deductions

Only one parent may claim the child as a dependent for tax purposes. This is typically the custodial parent unless otherwise agreed.

• Shared Custody

In cases of joint physical custody, child support may still be required, depending on income levels and parenting time.

For help with your case, consider consulting a family law attorney or contacting the Alabama Department of Human Resources for assistance.