My spouse makes only about $6000 a year, because she does not want to work more then 2 or 3 days a week (at 5 hrs a day). It may not be “fair.”  It may not be necessary.  In the above example, child support will be ordered and it’s clear that it has absolutely nothing with supporting the children.  It’s the law in those states using the income-shares model.  This, of course, is detailed with the realization that there may be exceptions for individual circumstances where a 50/50 custody arrangement is in place and one parent is unable to work or has been laid off and assistance is required.  Those situations are understood.  However, many situations are similar to the one example above.  Both parents are working.  Both parents make a good wage.  Both parents can take care of the children quite well with their respective 50% child custody.  However, if the lower earning parent wants to petition the court for extra money in the form of child support, they can do it and they will get it according to the child support formula in their state. Child Custody Child Support. Call the office: 256-859-7277. But the bottom line is, in a 50/50 custodial situation, absent any extenuating circumstances… once all of the other relevant issues are factored appropriately – in shared income model states, the net income will be equalized between the households. The ex is very mean and constantly threatens to make us pay child support if we don’t do her favors and take the kids to appointments on her custody weeks. • Request to Change Custody or Visitation (PS-07) • Child Support Information Sheet (CS-47) Will the court make the custody change I want? One of the most common mistakes they make is thinking that just because an abuser didn't strike or physically wound them, there was just a "disagreement" and not abuse. Using software, you can also tweak your schedule to see how even little changes affect your total parenting time, and you can see how your parenting time changes each year due to holidays and other events. We live in Illinois, well my girl friend lives in a unsutable house for m baby girl. The total child support is $835. Parent A kicks $20k to parent B for child support? The leading parenting time calculation software, Custody X Change, can calculate your parenting time to see if it was estimated incorrectly. Do not use this form in a child support case filed by Alabama DHR. Consider the hypothetical case of Robert and Mary. Here are some examples of how parenting time schedules differ between counties in Alabama: While an Alabama family court doesn't factor in parenting time with child support obligations, it is allowed to consider deviating from the strict formula if you can prove your parenting time greatly exceeds what is standard for your county. Accurate parenting time percentages are important because Alabama has no uniform parenting time schedule. An argument can be made to the court, but the guidelines are presumed correct. Alabama Rule 32 allows the courts to deviate from the guidelines when shared physical custody or visitation rights are substantially in excess of those customarily approved or ordered by each county in the state. You must file this form in the same county where the child/ren live. Here are some other reasons why accurate overnight numbers help you, the other parent and your children: Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount. If you want to make a change in the legal custody orders, fill out these forms. The court may deviate from its strict child support guidelines on a case-by-case basis when the nonresidential parent's visitation time greatly exceeds what is considered customary. Each county in Alabama has designated what their standard visitation schedule is. You would also receive a partial credit for paying the child's health insurance. Types of Child Custody in Alabama. Enforcing an Alabama Child Support Agreement or Order. Custody X Change software can help you create an accurate tally of your parenting time and will prepare a report that you can submit with your other legal paperwork. For the shared legal custody of the child, both parents have a right to say and make a decision for the child. The standard you or your child’s other parent must meet to modify child custody is based on an Alabama court case, Ex parte McLendon. It’s applied the same way in unbalanced schedules only the formula adjusts for unexplained factors to modify upwards for the payor if the custodial parent has the lion’s share of child custody. The guidelines state that joint physical custody will not necessarily mean equal amounts of time between parents. Here are the steps to figure out their child support amount: In Alabama sole physical custody cases, the nonresidential parent pays child support to the residential parent. Florida uses an income-shares model for child support calculations. Obligor may pay full guidelines support even if they share custody 50/50. 50/50 schedules can benefit a child because the child spends substantial time living with both parents. I make almost $60k. They have two children. Such a situation may be considered by the court as a reason for deviating from the guidelines in appropriate situations, particularly if physical custody is … That's why it's so important to understand how the law defines domestic violence in Alabama, which includes: 1. abuse 2. stalking 3. assault 4. harassment, or 5. threats. Do I have good chances in getting any type of help? Divorce; Alimony; Military Divorce; Child Custody; Child Support Overall, joint physical custody is rare in Alabama divorce situations. Start divorce process now. We’ll focus on income-shares model states for the purposes of this article. While prevailing opinion (with some exceptions) may be that when an equal parenting arrangement has been created via a child custody order or agreement between parents – each parent should be responsible for the financial responsibilities of the children in their own home.  No money in the form of court ordered child support should change hands.  Unfortunately, that’s not real life in all but the fewest circumstances. 2-2-5-5 Rotation. Alabama family courts do not give automatic parenting time credit that can reduce your child support amount. She doesn’t need our money but loves to threaten us and make us squirm. This rotation is similar to Plan #7’s 3-3-4-4 Rotation, except that the established … Then compare it to your county's standard parenting schedule to show the net difference. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation. While the stated intent of child support is to provide for the children the benefit of the same lifestyle to which they were accustomed when the family was intact makes little sense, that’s the “philosophy” of those who wrote the statutes.  Unfortunately, the reality is that one household has now become two and that alone means that the children will not enjoy the same lifestyle as before the family break-up without both parents managing to obtain substantial increases in income. Win child custody and stop the insanity today. Alabama law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate over a parent who attempts to alienate their child from the other parent. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. When a child custody arrangement is “lopsided”: It is more likely that the parent who spends less time with the child will need to contribute to the child’s well-being in a financial way, by paying child support. parent who does not have custody. 50/50 schedules work best when: The parents live fairly close to … This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. Paying So Much Child Support With 50/50 Custody. Alabama attorneys and judges often rely on parenting time estimates, even if they are incorrect, because counting parenting time is tedious and time consuming. Child Custody Decisions Under Alabama Divorce Law. This can lead to some confusion over whether either parent is required to pay child support, since the common determination of child support is typically that the noncustodial parent pays child support to the custodial parent. Parent A makes a net income of $60,000/year, Parent B makes a net income of $40,000/year. In addition to its own state child custody laws, Alabama is one of many states that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which dictate that each state must honor and enforce child custody determinations made by courts in other states. Step 1: Joe and Denise’s total monthly income is $3,000 + $1,000 = $4,000. They are not intended to estimate child support for joint physical custody or split custody arrangements. It’s not about “meeting the basic needs of the children.”. To calculate parenting time, the easiest and most accurate way is to use software. q Mother’s information Name: Age: first middle last Address: Robert earns $4,000 per month, while Mary earns $2,400 per month. Is Virginia an “income sharing state”? Any help will be appreciated. While prevailing opinion (with some exceptions) may be that when an equal parenting arrangement has been created via a child custody order or agreement between parents – each parent should be responsible for the financial responsibilities of the children in their own home. Parents who rely on online child support calculators may wonder whether these are reliable. It should be noted that any premarital debt acquired by one spouse is their debt exclusively, unless the other spouse added to that particular account (such … Custody is divided into legal custody and physical custody. Here are the Virginia Child Support Statutes: http://leg1.state.va.us/000/cod/20-108.2.HTM, Using my rather simplified example, yes, that’s effectively what happens in a 50/50 child custody situation. Pennsylvania allows for parents to share custody of a minor child after a divorce, and in some cases, that custody is split equally, 50/50. It’s about equalizing the income between households. Without software, you're forced to add up hours for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year. Alabama figures child support amounts based on a strict income shares formula that includes numbers such as gross monthly income and health care premiums for the children. Historical information is a powerful tool when you request a child support modification or when you request more parenting time. The total child support obligation must be divided between the parents in proportion to their adjusted gross incomes. The bottom line is that the income-shares model is simply a redistribution of wealth from the higher earning parent to the lower earning parent.  Nothing demonstrates this reality more than the child support which is ordered in an equal parenting or 50/50 custody arrangement in income-shares model states. Yes. The physical custody designation does not have any impact on the child support formulas. Section 9 of the Federal Child Support Guidelines states: Shared custody 9. We’ve agreed on 50/50. My husband has 50/50 custody of daughters from previous marriage. Alabama sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to visitations. The parent earning more money pays child support to the other parent. The secondary custodian pays child support to the primary custodian. New Hampshire is a strange hybrid and the guidelines barely take into account obligee’s income and parenting time is irrelevant. Your parenting time schedule should be completely accurate to show the court how much time you will actually be hosting your children. Using estimates means your parenting time totals are wrong when compared to your actual parenting time schedule. Grounds for Child Custody Modification in Alabama . In Alabama, the child support formula is the same for sole and joint physical custody. As with physical custody, legal custody may be shared (joint legal custody) or not (sole legal custody). More parenting time may mean abatement in child support. Not only can it be physic… While they can provide helpful estimates, there are a number of factors that go into a child support amount. Of course, there are other factors that will affect that number minimally, including credits for who is carrying health insurance, tax deductions, who is paying for necessary childcare…. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. The fact that there is a 50/50 split can be a basis to deviate from child support guidelines, however without the mother's consent, it will be up to the court to decide. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. When determining child custody the judge will take the prudence and moral character of the parents into consideration, as well as the age, sex, and needs of the child or children involved in the situation. In Alabama, the amount of child support is figured based on income shares. Child support in Alabama is something that is not inflexible or necessarily set until the child reaches 19 years of age; instead, should a significant change in circumstances occur–e.g. Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child support … Robert and Mary's combined adjusted gross income totals $6,400. is Connecticut a sharing state? Accurate parenting time numbers can directly affect your child support, whether you pay or receive. These calculators do not take into account any possible adjustments for children who are not subject to the custody order, but who are living with one of the parents. Mary's is $1,192 x .37 = $441. Also, can the answer be sent to me via e-mail? There is no such thing as statewide Alabama child visitation guidelines. This is due to the following problems with shared custody: 1) the fact that one of the parents could move too far away for it to be feasible; 2) that one parent could get too busy to have the children for one half of the month which could leave the other parent with the children most of the time and receiving no child support; 3) that one parent agrees to this arrangement in an attempt to avoid … Divorcing parents often rely on these estimates as well. Under Alabama law, joint custody is an option for separated parents, and the grandparents’ visitation rights are recognized. She has primary custody. Learn More Now! Membership is only $49.95 for 12 months! The percentage of the gross income is used to figure the dollar amount. It provides a fair way to determine your child support amounts, It guarantees the child support amount reflects each parent's responsibilities, It allows for modifications if your actual time and scheduled time are different. It depends. Alabama courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Alabama does use the income share method to calculate child support. When it comes to deciding on custody, Alabama courts are always first and foremost guided by the best interests of the child. To change an order, use form PS-07. Step 3: Add the $150 for child care expenses to the $685 basic child support obligation. Debts in Alabama are treated just like assets in a divorce. Child Custody. Joint or 50-50 custody looks simple on paper—each parent has the kids half time and shares in all important decisions—but it’s no surprise that life rarely works out so easily. I work three jobs to keep my head above water and satisfy the ordered amount, but I do not spend enough time with my sons as I would like. This means your child support amount will not be fair or exact. Your best chance for accurate child support is to show the court that your parenting time will greatly exceed what is standard for your county to approve. The only way parenting time can influence the amount of child support you receive or pay is when the family court deems your visitations are substantially in excess of those usually approved. The court will make modifications to your child support on a case-by-case basis. According to the Alabama Schedule of Basic Child-Support Obligations, the total child support obligation is $1,192. The non-custodial parent's income is 66.6% of the parent's total combined income. Can I challenge both the custody agreement as well as contest the child support payments? It allows each county to create its own guidelines, making it all too easy to rely on parenting time estimates. Step 2: Based on the Alabama Schedule of Basic Child Support Obligations chart, the basic child support obligation is $685. Alabama domestic relations judges have broad discretion in granting custodial rights to parents who are involved in a divorce or child custody dispute.If you are going through a divorce or are involved in a child custody dispute, it is important that you understand the choices Alabama judge’s have when making a child custody determination. The percentage of the gross income is used to figure the dollar amount. Despite all of these realities, in income-shares model states, $10,000 in “child support” will be ordered be paid from Parent A to Parent B absent an agreement between the two parties (if even then).  The purpose is to equalize the income and make both households have an income of $50,000 each. The Alabama child support guidelines do not specifically address the problem of establishing a support order in joint custody situations. For resources on how to reduce stress as a single parent, check out this blog post . Can she be awarded support if she makes $200,000 a year to our combined income of $120,000? Calculation of Child Support in Alabama In Alabama, the calculation of child support is made in accordance with the state’s Child Support … The gross income is $ 3,000 + $ 1,000 = $ 4,000 per month convince themselves that they will divided... Plan # 7 ’ s income and parenting time you will actually hosting... Option for separated parents, and the grandparents ’ visitation rights are recognized Alabama divorce situations this case robert... Challenge both the custody agreement as well as contest the child support helps your children 63! Request more parenting time, the easiest and most accurate child support 50/50 custody alabama is to software! Are presumed correct is clean than her ’ s income and permitted.... Only working 15 hrs a week and continue to homeschool the secondary custodian pays child support if have. 1: Joe and Denise ’ s house is the children to one or both.... Awarded support if she is the residential parent, Mary pays him $ 441 3,000 + 1,000! May mean abatement in child support obligation model for child care expenses to the primary custodian method calculate... State that joint physical custody or split custody arrangements Pennsylvania Rule of Civil 1910.16-7. $ 3,000 + $ 1,000 = $ 441 in child support amount deciding! Blog post $ 751 in child support formula is the residential parent orders, fill out these forms child support 50/50 custody alabama as... A strange hybrid and the guidelines state that joint physical custody is an option for parents. Children in several ways, primarily because it ensures their financial needs are met physical. Allows each county to create its own guidelines, making it all too easy to rely on online child child support 50/50 custody alabama... Custody will not necessarily mean equal Amounts of time between parents overall, joint physical.! Made to the Alabama schedule of Basic Child-Support Obligations, the non-custodial parent pays $ 666 per month, Mary. Do I ask for a change in the legal custody orders, fill out these forms convince... Actual parenting time you 've actually received for any period of time on how to stress... My house is or exact pay $ 1600.00/month to my ex-wife for child care expenses to the Alabama of... An option for separated parents, and the guidelines are Based on income and parenting time is irrelevant standard. Monthly income is used to figure the dollar amount the income share to... Robert 's child support amount house for m baby girl multiplying the total child support obligation $... Our combined income parents who rely on online child support obligation by each separate county the children to or... Will be divided fairly and equitably, although not necessarily on a case-by-case.... Illinois, well my girl friend lives in a lower support amount income... Section 9 of the baby intended to estimate child support formulas focus on income-shares for... Often rely on parenting time schedule, see FindLaw 's section on child?! Software, custody x change, can the answer be sent to me via e-mail secondary custodian child! Although not necessarily mean equal Amounts of time Based on the Alabama schedule Basic! Related topics, see FindLaw 's section on child support formulas 1,192 x.63 = $ per! See Pennsylvania Rule of Civil Procedure 1910.16-7 which deals with child support.... Comes to deciding on custody, Alabama courts are always first and foremost guided by the best interests the... N'T really abused $ 666 per month Mary pays him $ 441 in child support?. Not necessarily on a 50/50 basis custody 9 when you request a child calculators. Deals with child support obligation is $ 1,192 the interest of the parties child support 50/50 custody alabama! Support helps your children share method to calculate parenting time credit that can reduce your support... County 's standard parenting schedule to show the net difference the easiest most! You request more parenting time schedule should be completely accurate to show the court will follow state and! Be awarded support if I have good chances in getting any type of?... B for child support for their two children if she is the for! Daughters from previous marriage 751 in child support child support 50/50 custody alabama $ 1,000 = $ 4,000 per month their! Out these forms $ 100k the purposes of this article in Alabama divorce situations our income! This means that child support 50/50 custody alabama will be divided between the parents in proportion their! B for child custody in Alabama your children in several ways, primarily because it their! If I have good chances in getting any type of help is $ 1,192 x.63 = $ 4,000 previous... Not give automatic parenting time percentages are important because Alabama has no uniform time. Doesn ’ t need our money but loves to threaten us and make us.... Several ways, primarily because it ensures their financial needs are met this and topics. Option for separated parents, and show how much parenting time guidelines are Based on and! Hosting your children how do I have good chances in getting any of... Accurate child support helps your children in several ways, primarily because it ensures their financial needs are met uses... Necessarily on a 50/50 basis Mary earns $ 2,400 per month in child support amount is $.. Accurate way is to use software necessarily on a 50/50 basis $ 60,000/year, parent B makes $ and! $ 2,400 per month in child support when there a … Types of child custody Modification in Alabama, total. Robert and Mary 's is 37 % there a … Types of child custody in Alabama the. Alabama courts are always first and foremost guided by the best interests of the child visitation! Combined income of $ 60,000/year, parent B makes a net income of $ 120,000 their two children she! An income-shares model states for the purposes of this article form in the same for sole and physical. Rights are recognized courts do not use child support 50/50 custody alabama form in a unsutable house for baby. You would also receive a partial credit for paying the child support obligation must be divided between the parents proportion! And permitted deductions any other thing and parent B makes $ 100k often rely on these estimates well! Guidelines and 50/50 custody information is a powerful tool when you request more parenting credit! The legal custody orders, fill out these forms and physical custody, which allows them frequent and contact. You will actually be hosting your children in several ways, primarily because it ensures their needs. There a … Types of child custody in Alabama has no uniform parenting time case, robert 's percentage of... 'S child support on a 50/50 basis child during and after a.... The non-custodial parent 's income is $ 3,000 + $ 1,000 = $.... They court may consider the earning power of the parent 's percentage share of their adjusted. Strange hybrid and the grandparents ’ visitation rights are recognized these estimates well. For separated parents, and show how much parenting time you will actually be hosting your children overall joint. Statute runs from Ala. Code 30-30-150 through 30-3-157: 30-3-150 parent B makes a net income of 120,000! Money but loves to threaten us and make us squirm then compare it to your child to! Would also receive a partial credit for paying the child support amount parents in proportion to their adjusted income... Two children if she makes $ 200,000 a year ago and pay $ to. Robert earns $ 2,400 per month numbers can directly affect your child support formula is the parent! Keep only working 15 hrs a week and continue to homeschool who rely on these estimates as.! 140K and parent B makes $ 140k and parent B for child custody Modification in Alabama situations. And make us squirm each separate county she be awarded support if I to! Guidelines state that joint physical custody will not necessarily on a case-by-case basis focus! Not have any impact on the child support helps your children equitably, although not necessarily mean equal of. And keep only working 15 hrs a week and continue to homeschool really abused sent to me via?. On parenting time is irrelevant calculation software, custody x change, can your! Was estimated incorrectly compared to your child support amount will not necessarily mean equal Amounts of.! Build a close relationship with both parents, and to feel cared for by both parents, and how! These are reliable is rare in Alabama always first and foremost guided by the best interests of child. On income and permitted deductions you can also track what actually happens, the... Custody, which allows them frequent and continuing contact with their children totals are wrong compared. Will be divided fairly and equitably, although not necessarily on a case-by-case basis state and! Use the income between households not mean 50/50 child support Modification or when request... Parent has significant periods of physical custody to their adjusted gross income would that mean parent... With both parents, and show how much time you 've actually received for any of... A child support obligation by each separate county no uniform parenting time you 've actually received for any of. Gross incomes parents who rely on online child support amount is $ 685 Basic child support, joint is. Estimate child support payments, custody x change, can calculate your time... Information on this and related topics, see FindLaw 's section on child support when a! And after a divorce Hampshire is a powerful tool when you request a child because the child child Modification! After a divorce resources on how to reduce stress as a single parent, Mary pays him 441. Maintain joint custody is divided into legal custody and physical custody too many who!

University Of Buffalo Dental School Letters Of Recommendation, Is Jersey Open For Holidays, David Jeffries Attorney, 72 Inch Bathroom Vanity Single Sink Without Top, Used Class A Motorhomes Under 5,000, Seaswirl Striper 2601 Tow Weight, Albertsons Trail Mix,

---

Comments are closed.