All About Child Support: What You Need to Know
A child's needs do not change just because parents are separating or divorcing.
When the parents separate, one parent may owe child support to the other parent due to differences in income or visitation. Support money needs to be paid until the child or children reach the age of majority. Below is information about child support and what to expect.
What Child Support Covers
Child support payments should cover more than just the basics. Along with helping to provide food, shelter, and clothing for the child, child support should also help cover basic medical expenses and coverage for anything out of the insurance coverage; educational costs, including books, computers, and other necessities; extracurricular activities; child care; and transportation.
The goal of the local Child Support Law is to make sure children do not go without simply because the parents are separating, so there is a lot more that child support can cover beyond necessities. Parents should speak with a lawyer for concerns about what is covered by the child support payments and how much they should be as the child grows and situations change.
Who Pays Child Support
Typically, the non-custodial parent is the one who pays child support to the custodial parent. The amount of visitation the non-custodial parent has may impact how much child support they pay, but the two are still separate. If one parent doesn't take their visitation time when allowed, they still have to pay the same amount of child support. The parent who has the child most of the time has most of the expenses for the child, including costs beyond what the child support payments cover. By receiving child support, the custodial parent can make sure expenses are covered and that the child doesn't have to go without just because they are now part of a single-income household.
Calculating Child Support
The parents can calculate child support. When this happens, the parents discuss all costs associated with raising a child and then determine an amount for the non-custodial parent to pay each month. If the parents can't agree, the courts can make a decision. Alabama courts use Rule 32 to determine child support payments based on the income of both parents. The judge will add the basic child-support obligation amount to the amounts for work-related childcare expenses and the cost of health care to get the total child support obligation for both parents.
The judge determines a percentage of the child support obligation for each parent based on their income. Then, the judge multiplies the percentage by the total child support obligation to determine how much child support each parent will need to pay. The custodial parent uses their funds directly on the child, and the non-custodial parent pays the remaining amount to the custodial parent.
For example, the total child support obligation, including child care and healthcare, is $1,000. Parent A and Parent B make an equal amount of money, so their obligation percentage is 50% each. If the percentage is identical, it means each will need to pay $500 for the child's care. Since Parent A is the custodial parent, they pay that amount directly for the child's expenses. Parent B is the non-custodial parent, so they pay $500 per month to Parent A.
How Long Child Support is Paid
Child support typically continues until the child reaches the age of majority, which is 19 in Alabama. In some cases, parents must continue paying child support until the child is 23 if they are still in school. In cases where the child has a severe physical or mental impairment, the parent may pay child support for as long as the child lives. A judge will need to decide if child support is required beyond when the child turns 19 years old. The cut-off for child support payments does not impact missed payments. If the child turns 19, but the child support is not paid in full yet, the parent must continue to make payments until it is paid in full.
What Happens if it Isn't Paid?
If the non-custodial parent decides to stop making child support payments, there are ways to enforce it. The parent receiving child support should work with a lawyer to hold the other parent in contempt if payments stop before the child reaches the age of majority or are insufficient based on the current order. If the non-custodial parent stops making payments or gets behind, the custodial parent may ask the court to do the following.
- Wage Deduction – It may be possible to have the total child support amount deducted from the non-custodial parent's income for each paycheck.
- Income Tax Interception – Income tax returns can be taken and provided to the custodial parent to cover back child support payments.
- License Suspension – The non-custodial parent can have their driver's, professional, and other licenses suspended.
- Passport Restrictions – The non-custodial parent may not be able to renew their passport, and the courts could also suspend the parent's passport.
- Credit Reports – The custodial parent can report the non-payment to the credit bureaus, making it difficult for the non-custodial parent to receive loans or a mortgage.
- Liens – It may be possible to file a lien against the non-custodial parent's house, car, or another asset.
Modifications to Child Support
When one parent has a change in income, it may be necessary to modify the child support payments. If a parent loses their job and is now making less money, it may be beneficial to ask for a modification to avoid falling behind on payments. If one parent is now making more money, adjustments to the child support can to make sure the child is still receiving enough support from both parents.
Child support is often more complex than it may seem at first. The courts use child support to make sure the child is taken care of and supported by both parents, though there are always complications that can arise. When a parent needs help requesting child support, fighting child support payments, or modifying the existing terms, seeking legal advice is highly recommended.
