Child Support Modification

When you are going through a divorce in the state of Alabama it is important to understand the fact that once the divorce becomes final the original terms are not set in stone. Things like spousal support, child custody, and child support can be modified in the future, and in fact child support if often modified on multiple occasions.

The state of Alabama uses the Income Shares Model coupled with the state child support guidelines to determine the amount of child support that must be paid. The original child support amount was set using the income of both parents at that time as well as the state’s payment schedule that was then current. The law states that a child support modification may be in order if the new set of financial circumstances would result in a difference in the existing payment of at least 10%.

So to lay out an example, let’s say that Sam and Amanda are divorced and have one daughter named Brandi. When the original child support payment was calculated the state guidelines called for $450 monthly in total to care for Brandi. Each parent earned $2,000 per month at that time, so they were each required to pay half of the $450. Since Amanda has custody, Sam had to pay her $225 a month in child support.

But a couple of years later Sam got a better job and makes $3,000 a month, but Amanda’s income stayed the same. Now the combined income of the parents is $5,000 and same makes 60% of that, so using the Income Shares Model he should now pay 60% of the $450 it takes to care for Brandi. This equals $270, and it is more than 10% different than the $225 Sam had been paying, a child support modification would be in order.

For more information about child support modification, contact a Mobile AL family lawyer to arrange for a free consultation.