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Child Support Attorneys in Foley

Serving Daphne, Foley, Spanish Fort & All of Alabama

According to Alabama law, parents have an obligation to financially support their minor children. In Alabama, the Child Support Guideline guide the courts in evaluating child support. These guidelines offer a specific formula to establish or modify this support based on economic factors. Notwithstanding the usefulness of these guidelines, the courts in Alabama have the discretion to deviate from these guidelines if the circumstances so require.

Similar to child custody, due process and full faith and credit clause of the constitution of the United States requires that any court that enters an order for or modifies child support must have personal jurisdiction over the party to be bound by such order. In other words, for an Alabama court to issue an order for child support, at least one of the child, custodial parent, or non-custodial parent must live in the state of Alabama at the time of the petition for or modification of the support is filed, or all of the parties of the action file a written consent to the continuing and exclusive jurisdiction of the state of Alabama.

To learn more, schedule a free consultation with our child support attorneys in Foley. Call us today at (251) 444-7000 or contact us online.

Modifying Child Support

Child support can always be modified on the basis of the needs of the children and the ability of the parent to meet these needs.

When modifying child support, pursuant to the guidelines, the rules below are to be followed:

  • All judgments regarding child support modifications must be with respect to installments that accrue after the petition is filed
  • A party who wishes to modify child support needs to plead and prove that a significant alteration in circumstances has happened and is continual since the last child support order
  • If the difference between the child support award determined by the guidelines and the existing child support award varies by more than 10 percent, there is a rebuttable presumption. However, this presumption does not exist if the variation occurred due to a previous rebuttal of the guidelines and if there have been no changes that caused the rebuttal.

Notwithstanding the above-mentioned rules prescribed by the guidelines, an Alabama trial court has authority and discretion to modify a child support order even when there is not a 10 percent variation between the guidelines and the current amount when a significant change in circumstances that is material and continuing has been proven. Likewise, a trial court can choose to deny a modification even when the 10 percent variation exists, based on a determination that the application of the guidelines in said situation would be inequitable or unjust.

Contact Our Experienced Child Support Attorneys in Foley

It is relevant to note that child support payments are for the benefit and support of the children and not of the primary custodian. The primary custodian receiving the child support payments is under a fiduciary duty to use these payments solely for the benefit of the children. If you are facing a situation where the primary custodian is not using these payments for the benefit of the children or you are paying too much in child support or you are not receiving enough child support for your children, please contact our Daphne child support lawyers to obtain well-informed legal advice on your rights and options.

To schedule your free consultation, please call us today at (251) 444-7000.

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