Child Support

Divorce and Children: Determining Support

The Alabama Rules of Judicial Administration — specifically Rule 32 — detail the calculation of child support in divorce cases. It is important to know that as of January 1, 2009, Rule 32 was modified.

The basic child support calculation has changed. The new calculation provides guidelines for parents with a combined monthly income of between $10,000 and $20,000. Whether your child support obligation is calculated under the old Rule 32 or the new rule depends upon when your divorce petition was initially filed.

The law firm of Shelley L. Bilbrey, PC provides sound legal advice and experienced representation in the negotiation and litigation of child support in Alabama. Contact our Huntsville office today to schedule an informative consultation.

What Factors Affect Child Support Calculations?

It may seem that determining how much child support you will owe (or will be entitled to receive) is a simple matter of plugging numbers into an equation. Unfortunately, it is often not that easy.

The monthly cost of child care often affects the amount of child support that is ordered. The Alabama Department of Human Resources maintains a daycare provider spreadsheet that it uses to place a cap on the total amount of monthly child care expenses that go into the child support calculation. This system does not take into effect the cost of high-end day care or expensive day care for children with special needs.

Even determining the amount of income that should be entered into the calculation can be complicated. When a parent's annual income fluctuates or the previous year's income was artificially inflated due to a large bonus or extensive overtime pay, the numbers may not result in a child support order that is truly fair and workable.

All in all, your best option may be to sit down with an experienced lawyer who knows the system and can help you come to a negotiated settlement that truly reflects the need for child support on one hand and the ability to pay on the other.

Attorney Shelley L. Bilbrey can answer your questions and offer you the guidance and representation you need. She can also help you understand your options in seeking a modification to child support if you lose your job or experience another financial downturn. Contact us to schedule a consultation.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.