If you and your spouse have minor children, one of you will most likely be paying child support to the other after your divorce, or in some cases, after you separate. Generally, one party will have primary physical custody of the children (the parent they live with most of the time) and the other parent will be required to pay child support until the children have reached the age of majority (19). Note that an Order to pay child support does not automatically terminate when a child reaches age nineteen. Either party must petition the Court to issue an Order terminating child support or adjusting the total amount as each child turns nineteen.
Child support is calculated using a specific formula outlined by Rule 32 of the Alabama Rules of Judicial Administration. The formula incorporates the income of each parent, any existing child support or alimony paid by either parent, the cost of childcare and health insurance for the children, and the number of children for which the child support is being determined. The formula used in the Alabama Child Support Guidelines does not take into account the living expenses and other financial obligations of the party who is required to pay.
The Child Support Guidelines first determine the adjusted monthly gross income (before taxes and other deductions) of each parent. In calculating your adjusted gross income, you should deduct any amount you are required to pay monthly for child support for other children or alimony. The adjusted gross incomes of both parents are added together to determine a combined adjusted gross income. Next, the percentage that each parent contributes to the total combined income is determined.
EXAMPLE:
Custodial Mother’s Adjusted Gross Monthly Income: $2,300
Non-custodial Father’s Adjusted Gross Monthly Income: $3,600
Combined Gross Monthly Income: $5,900
Mother’s Percentage of Total: 39%
Father’s Percentage of Total: 61%
Alabama law assigns a basic child support obligation shared by both parents according to the combined gross income and the number of children.
EXAMPLE:
Combined Gross Monthly Income: $5,900
Basic Child Support Obligation for combined income of $5,900 with two children: $1,165
Next, the Guidelines factor in the monthly costs of work-related child-care and health insurance paid for the children. These monthly costs are added to the Basic Child Support Obligation.
EXAMPLE:
Basic Child Support Obligation: $1,165
Monthly Child-Care Costs: $550
Monthly Health Insurance Costs: $300
Total Child Support Obligation: $2,015
Finally, the total obligation is distributed amongst the parents based on their percentage of the combined income to calculate each parent’s share of the costs of supporting the children. The amount paid for health insurance is subtracted from the share of the parent who will directly pay health insurance costs. The resulting shares determine the amount the non-custodial parent will pay to the custodial parent in child support, and assumes an estimate for the amount the custodial parent will spend monthly toward raising the children.
EXAMPLE:
Total Child Support Obligation: $2,015
Custodial Mother’s Share of Total (39%): $786
Non-Custodial Father’s Share of Total (61%): $1,229
Adjustment for Father’s Payment for Health Insurance: $1,229 - $300 = $929
Child Support to be paid by Father: $929
In most cases, the child support amount will be withheld from the non-custodial parent’s paychecks and sent to the custodial parent each month. The child support obligation will continue until either party petitions the court to make an adjustment. The Court may adjust the payments up or down in the event of a “material change in circumstances,” or may terminate the Order once the child reaches the age of majority.
The custodial parent may request that child support be extended while an adult child is in college, and the Court will review the circumstances to determine of the extension is appropriate. Petitions to extend child support during college must be filed before the child reaches the age of nineteen.
For more information, you might try searching for websites that offer online calculators to help you estimate what your monthly child support will be. While they are not always accurate, many will give you a pretty good idea.
Child support is calculated using a specific formula outlined by Rule 32 of the Alabama Rules of Judicial Administration. The formula incorporates the income of each parent, any existing child support or alimony paid by either parent, the cost of childcare and health insurance for the children, and the number of children for which the child support is being determined. The formula used in the Alabama Child Support Guidelines does not take into account the living expenses and other financial obligations of the party who is required to pay.
The Child Support Guidelines first determine the adjusted monthly gross income (before taxes and other deductions) of each parent. In calculating your adjusted gross income, you should deduct any amount you are required to pay monthly for child support for other children or alimony. The adjusted gross incomes of both parents are added together to determine a combined adjusted gross income. Next, the percentage that each parent contributes to the total combined income is determined.
EXAMPLE:
Custodial Mother’s Adjusted Gross Monthly Income: $2,300
Non-custodial Father’s Adjusted Gross Monthly Income: $3,600
Combined Gross Monthly Income: $5,900
Mother’s Percentage of Total: 39%
Father’s Percentage of Total: 61%
Alabama law assigns a basic child support obligation shared by both parents according to the combined gross income and the number of children.
EXAMPLE:
Combined Gross Monthly Income: $5,900
Basic Child Support Obligation for combined income of $5,900 with two children: $1,165
Next, the Guidelines factor in the monthly costs of work-related child-care and health insurance paid for the children. These monthly costs are added to the Basic Child Support Obligation.
EXAMPLE:
Basic Child Support Obligation: $1,165
Monthly Child-Care Costs: $550
Monthly Health Insurance Costs: $300
Total Child Support Obligation: $2,015
Finally, the total obligation is distributed amongst the parents based on their percentage of the combined income to calculate each parent’s share of the costs of supporting the children. The amount paid for health insurance is subtracted from the share of the parent who will directly pay health insurance costs. The resulting shares determine the amount the non-custodial parent will pay to the custodial parent in child support, and assumes an estimate for the amount the custodial parent will spend monthly toward raising the children.
EXAMPLE:
Total Child Support Obligation: $2,015
Custodial Mother’s Share of Total (39%): $786
Non-Custodial Father’s Share of Total (61%): $1,229
Adjustment for Father’s Payment for Health Insurance: $1,229 - $300 = $929
Child Support to be paid by Father: $929
In most cases, the child support amount will be withheld from the non-custodial parent’s paychecks and sent to the custodial parent each month. The child support obligation will continue until either party petitions the court to make an adjustment. The Court may adjust the payments up or down in the event of a “material change in circumstances,” or may terminate the Order once the child reaches the age of majority.
The custodial parent may request that child support be extended while an adult child is in college, and the Court will review the circumstances to determine of the extension is appropriate. Petitions to extend child support during college must be filed before the child reaches the age of nineteen.
For more information, you might try searching for websites that offer online calculators to help you estimate what your monthly child support will be. While they are not always accurate, many will give you a pretty good idea.
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