Alabama child support after a divorce has usually been paid to the parent awarded primary physical custody, based on guidelines and a schedule set forth by court rule. Until recently, there was no provision for calculating child support in cases involving shared 50/50 physical custody, where the child lives with each parent about half the time. Now, there is a rule calling for an adjustment of payments to reflect more accurately the costs associated with raising a child in two homes.
Under Alabama Rule of Judicial Administration 32 (7), an adjustment can be made when shared 50/50 physical custody is ordered by the court, whether after trial or by agreement of the parents. A special Child-Support Guidelines form (Form CS-42-S) is used to calculate the parents’ combined incomes in order to assess the financial resources available for the child’s care and upbringing. Once the basic child support obligation is determined, it is multiplied by 150 percent. This adjustment accounts for the greater costs of maintaining two primary residences for the child. The rationale is that both parents incur similar types of expenses in providing a home for the child, such as housing, utilities, transportation and personal care.
The next step is calculating each parent’s share of this adjusted obligation, based on individual earnings. Each parent must contribute fairly to the child’s needs, proportional to their financial capacity. The court also considers the actual time each parent spends with the child. The rule allows for further adjustments so that the child support amount reflects the equitable share of expenses each parent is responsible for. This is likely to result in a lower payment from one parent to the other as the financial costs become more evenly distributed due to the equal time spent with the child.
The court has discretion to deviate from these guidelines if applying them strictly would be unjust or inappropriate. This could be due to special needs, extraordinary expenses or other financial resources available. The overall goal is a child support arrangement that is truly in the child’s best interests.
If you are facing a decision on allocation of child support obligations, skilled legal representation can be invaluable. An experienced Alabama family lawyer can make sure that the legal proceedings and child support calculations are handled thoughtfully, aiming for an outcome that safeguard your child’s well-being and accomplishes a fair distribution of financial responsibilities.
Amy A. Slayden Family Law P.C. in Huntsville advises clients in Madison, Limestone, Morgan and Marshall counties and across Northern Alabama on a full range of family law matters. Please call 256-529-4437 or contact us online to make an appointment.
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