Alabama Child Support Guidelines
Revised
By: Gerri L Elder
In Alabama, the courts have issued a long overdue update to
state child
support guidelines. These guidelines had not been updated in 15 years.
The new child support guidelines apply to all divorce and
child support cases filed after January 1, 2009. Under
the new guidelines, middle-income non-custodial parents will pay more, while
the extremely poor will pay less. Child
support payments for non-custodial parents with high incomes were also
decreased under the new guidelines.
Existing child support orders will not automatically change
to reflect the new child support guidelines. Custodial parents who have changed material status since
the most recent child support orders were issued, must file for child support
modifications to be eligible for adjustments under the new guidelines. While this could benefit some middle-income
custodial parents, the economic recession could prevent a number of
modification filings. If the new
guidelines wouldn't change the child support payment by at least 10 percent,
no modification will be made.
According to the Colorado-based Center for
Policy Research, which helped draft the new guidelines, up to 60 percent of
all child support orders in the country involve one child, while 26 to 35 percent of
these orders are for the support of two children.
The
Birmingham News reported the new child support guidelines will continue
to be based on the combined income of both parents. The child support payment is based on the
non-custodial parent's percentage of the combined income. The amount of child support is affected by
health insurance and childcare costs.
The Alabama courts last revised child support guidelines in
1993. The new guidelines cover a broader
range of incomes and reflect the current costs of raising children, modern tax
rates and other factors. Under the
previous guidelines, a schedule of child
support benefits was provided for combined incomes up to $120,000. Under the new guidelines, child support is
set for combined incomes of up to $240,000. For incomes in excess of the set schedule, judges have discretion in
setting the amount of child support.
Family Court judges still have discretion in child support
cases. If a parent incurs large and
unusual transportation costs for child visitation or college expenses are a
factor, the judge may set child support above or below the new guidelines. In these cases, the judge is required to
provide a written explanation.
The Alabama courts have agreed to review the child support
guidelines every four years.
