This also applies to a situation where the needs of the child greatly increases. Can the amount of child support be altered? One common example would be Social Security payments made to minor children when a parent is on Social Security Disability. Child Custody & Support. Having a grasp on how this … This means that if there is a situation where you need a modification, it is highly advisable to file the petition for child support modification as soon as possible so that it will apply to as many payments as possible. If the child/ren are under 19 and not … Do not delay. Generally, a court will consider a modification request if a parent’s income changes by more than 10%. Compare the best Child Support Modification lawyers near Hoover, AL today. A loss of income will support a modification of child support, as long as it's not shown to have occurred intentionally to avoid paying child support. Does it matter which parent requests it? At times the ability of the noncustodial parent diminishes due to unemployment, pay reductions, loss of overtime, or other financial difficulties. Obtain a petition for modification, Form CS-10, and financial affidavit, Form CS-41. If you lose your job, or suffer a financial hardship, the sooner you file for a modification the better. The former wife initiated an action in 2017 for contempt of court because the former husband failed to pay. Can I Get Compassionate Release From The Bureau Of Prisons? Go to the court clerk's office. Procedures vary by county. Speak to an Alabama attorney if you're unsure about changing the child support amount or filing in court. State the reason modification is necessary, clearly but briefly. Clients; Contact Us . Birmingham, AL 35205, MOBILE ALABAMA OFFICE: info@bradfordladner.com. Generally speaking, child support obligations in Alabama will be owed until the child reaches the age of 19. Prepare what you're going to say to support your case before the hearing, if you plan to speak. There are no hard and fast rules as to what warrants modification and it is ultimately determined on a case-by-case basis. Alabama child support can be complicated when you consider all the variables that go into the child support calculation and the numerous reasons for the court to deviate from the Alabama Child Support Guidelines. Alabama's Child Support Guidelines were adopted in response to requirements set forth in the Child Support Enforcement Amendments of 1984 (P.L.  The Alabama Child Support Guidelines contained in Rule 32 has specific provision regarding the child support modification. Child Support Modification, like the initial child support determination is generally governed by Rule 32 of the Alabama Rules of Judicial Administration. Parties to a divorce or child support case often assume that a divorce decree or a child support order is final. What Happens At a Child Support Modification Hearing? 98-378) and the Family Support Act of 1988 (P.L. The amount of evidence depends on whether the child support order originated as part of a marital settlement agreement or a court-ordered decree. Use our free directory to instantly connect with verified Child Support Modification attorneys. No need to navigate the legal waters alone, Law for Families is here to help! The truth is that the circumstances of the parties often change and Alabama law allows a parties to modify their previous orders to account for those changes. attorneys providing legal representation in criminal and civil trials and appeals in all state and federal courts in Alabama, CRIMINAL DEFENSE Section 30-3-6 — Bond, security, or other guarantee to secure payment of overdue support or compliance with visitation order. The 10% change is particularly important because it shifts the burden of proof to the opposing party. 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