Use this Alabama child
support law to learn about your child support rights and responsibilites.
Alabama child support laws provide guidelines
designed to be in the best interest of the children. Unless the parents have a
written agreement stating a different amount, as well as a reasonable
explanation for the difference, child support will be based on a percentage of
the disposable net income of the parent responsible for support.
Percentages of net income used to determine child support
amounts in Alabama are outlined below. Other factors including second families,
insurance and day care costs may also be considered.
Number of children to support from the marriage:
- 1 = 20%
- 2 = 25%
- 3 = 30%
- 4 = 35%
- 5 = 40%
- 6 = 45%
At what age does child support payments end?
Generally, at 19 years of age.
Alabama's custody guidelines:
Since January 1, 1997, Alabama officially favors joint custody
if it is in the best interest of the child, and the parents agree. However,
when parents disagree, custody may be granted to either parent with the
following factors considered by the court in determining who is awarded
custody:
- the age and sex of the child;
- the safety and well-being of the child;
- the moral character of the parents;
- the wishes of the child.
Alabama's medical insurance guidelines:
Generally, a determination about who is going to provide
medical health care insurance for the children and how uninsured medical bills
will be paid is part of the marital settlement agreement set out in the divorce
process. However, if a medical insurance plan is available through a
parent’s employment, they are required to cover their children on this
plan.
How permanent are the provisions for Alabama child
support and custody ?
As in most states, court orders providing for support and
custody of children are subject to modification after a divorce if there is a
substantial change in either of the parties’ circumstances. For instance,
a substantial increase or decrease in income could be reason to modify a court
order.
While all orders concerning the children are modifiable in the
future, you are not encouraged to enter into an agreement based on the idea
that it can always be changed or modified later.
Wage garnishment for child support payments:
Alabama has a provision for withholding child support directly
from the earnings of the parent who has been ordered to provide support.
Withheld support is sent to the state agency authorized to receive and disburse
payments and once verified, sent to the custodial parent.
How does joint custody work?
Joint custody requires both parents to share the
responsibilities for the children, and approve all major decisions related to
the children.
It rarely works out to be a 50-50 sharing of time with the
children. Usually one parent is named as the primary joint custodian and the
other parent is granted visitation "at all times mutually agreed" upon, and
failing an agreement, the terms of the state’s standard visitation policy
is used.
The primary joint custodian typically retains the
decision-making power to determine the child’s primary residence and
school and to designate things such as the child’s primary physician.
How Alabama determines child visitation:
Alabama, like most states, use a standard visitation schedule
that provides a safe and acceptable solution for those times when parents
cannot mutually agree to a schedule of their own.
With some minor differences, the standard visitation schedule
includes:
- every other weekend;
- summer visitation of 4 - 6 weeks;
- alternating holidays.
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