Custody

• When parents divorce or legally separate, the parties may agree to a custodial arrangement for the child. If the parents disagree on who will have custody over the child, then an Alabama court will make that determination based on what's in the best interest of the child. The parent who obtains custody is called the "custodial parent" the parent who doesn't obtain custody over the child is called the "noncustodial parent." The noncustodial parent must pay child support to the custodial parent based on a court order, which is referred to as a "support order."
  
  

Financial Information

• To assess the appropriate amount of child support for the noncustodial parent to pay, Alabama courts first calculate the wages and income for both parents. This process includes collecting all of the relevant financial information from both parties.
  
  

Calculation

• After the court collects all of the parties' financial information, it calculates total monthly income as income from all sources, including wages, investment income and other applicable income. From the total marital monthly income, the court applies that amount to the child support guidelines. The guidelines then dictate how much the noncustodial parent must pay in child support per month. The court, however, has the discretion to alter this amount if it finds doing so is in the best interest of the child.
  
  

Modification

• Once a support order goes into effect, either parent can petition the court to change the amount if the circumstances change. Changes in circumstances warranting a change in the support order include a change in financial situation of either parent, an increase in the child's needs, a lack of provision for medical support or a substantial change in the child's health.
  
  

Enforcement

• Alabama uses several methods to enforce support orders in the event the noncustodial parent fails to comply. These methods include intercepting the noncompliant parent's tax refund, reporting noncompliance to a credit bureau or placing a lien on the noncompliant parent's property.
  
  

Review

• The Alabama Rules of Judicial Administration provide that the Alabama Supreme Court's Advisory Committee on Child Support review the guidelines at least once every four years.
  
  

Warning

• Please consult a qualified attorney licensed to practice in Alabama to determine any potential obligations with regard to Alabama child support laws, which are subject to change.