Child Support

Child support, of all the divorce topics, tends to elevate blood pressure the most among the parties in Alabama. Paradoxically, determining child support in Alabama is one of the few things about splitting up that is cut and dried. Like many states, Alabama uses a formula, where the parties plug in certain financial details and the calculator determines what and how it gets paid. If you use this child support calculator, be sure to bookmark this page first. What's it going to be ballpark, you ask? For one child- 20%, 2 kids- 25%, 3 kids 30%, 4 kids 35%, 5 kids 40%, and 6 or more kids 45%. These amounts are computed using after-tax income

Here's an idea about what information goes into determining child support:

1. The combined incomes of both parents
2. Each parent's individual income as a percentage of the combined gross income
3. The number of children under age 19
4. Any pre-existing child support or alimony obligation 19
5. Any work-related child care obligations
6. Health Insurance premiums and which parent's obligation they are.

There are two ways in which child support payments are allowed. An Income Withholding Order (IWO) (more common) is where the child support amount gets deducted from the non-custodial parent's paycheck, sent directly to the court by the employer, and then distributed to the payee.

The second method of passing Alabama child support from one to the other is through conventional means e.g. personal checks, money orders, etc. Cash is trash with this method (you have to maintain receipts, and isn't life difficult enough?). Take it from those that have come before you. You want the money to be sent or arrive automatically. In order to have an income order, a petition must be made to the court. Once a judge

rules, the amount is considered a temporary amount until the final disposition of your case.

If you or your spouse have not filed yet, and you anticipate it might be weeks or months before that filing takes place, try to agree on a child support amount based on the schedule mentioned above. Once an Income Order is provided by the court, it may include a back-dated liability from the time of separation.

Do you want to reduce or suspend child support payments during the time your child is away from the primary residence e.g. summer vacations? Get specific agreements on what activities the child will participate in and have the final order include them in detail and who pays what. Have the language include any future activities and who pays what amounts.

What about a child support modification down the road? Alabama divorce laws require that one's financial conditions have changed enough that those changes would cause an adjustment (up or down) of at least 10% of what is being paid now. What if one of you gets remarried and has another family? Alabama courts consider the original family and the parents' financial responsibility to them first while balancing the needs of all, meaning more money would go to the original family. Leave nothing to chance, or disagreement.

Are you just starting out with divorce, and need a blueprint, or guidance on what to do and NOT do? Things your attorney may not tell you? Allow a Killer Divorce Attorney and a top Marriage Psychologist show you exact steps how to become happily divorced.

• Alabama Schedule Of Basic Child Support Obligations
• Alabama Child Care Enforcement
• Alabama Family Law Self-Help Center
• Alabama Locating the Non-Custodial Parent
• Child Support Enforcement Abroad
• Applying for Child Support Services
• Child Support enforcement steps
• State Law Library
• Read State Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children

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Child Custody

Some of the factors the court will look at:

1. The past and present ability of the parents to cooperate with each other and make decisions jointly.
2. The degree of agreement or lack thereof on joint custody issues.
3. Any history of or potential for child abuse, spousal abuse or kidnapping.
4. The ability of each parent to encourage a loving and nurturing relationship with the other parent.
5. Any history of or potential for child abuse, spousal abuse or kidnapping.

Mom gets the child custody award far more frequently than Dad does. This is due partly to out of touch courts not understanding men's capabilities, and partly the presumption that children need the Mothers in the early years, and are inherently better at parenting. In most cases, the Mother must be proven unfit before a court will rule in favor of primary custody for Dad.

Furthermore, Alabama divorce laws mandate the following with regard to Joint Custody— "It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the

ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody." This can be interpreted as a policy to keep both parents in their children's lives unless there is evidence that one or both parents pose a risk to the child.

Be aware of what types of conduct can jeopardize getting the custody order you want from the court. Moving out of the home your children reside in is considered "abandonment" and will impair one's chances. Some more common obstacles to custody can include: domestic violence with police reports, not paying an adequate amount of support to the custodian, the use of illegal drugs or controlled substances, an inconsistent employment record, and much more. The point is that if your marriage was tumultuous, and/or if you left the family home, or your behavior has been such that a court might be concerned, your chances of primary custody are slim. Courts do award children to Fathers more in recent years, but the majority of the rulings continue to favor the Mothers.

Co-parenting equally, where the child spends 1/2 the month with each parent (or alternates weeks) is becoming more common, but carries with it its own set of challenges. If you are considering this, it pays to consult with a child psychologist or another professional in this area. Children's preferences as to where they want to live are considered by the court (in many cases) once they reach their teenage years.

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Visitation/Co-Parenting

Co-parenting time is the new visitation paradigm. The court will allow you and your divorcing spouse the opportunity to agree on your own parenting schedule. If no agreement is reached, the court typically awards primary custody to the Mother, and provides for two weekends per month and an evening each week to the Father. School recesses are also included, typically. Holidays are often alternating, and other days like Mother's and Father's days should be resolved.

The court takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker and the parenting abilities of each parent.

Any reported abuse is also taken into consideration. Couples should focus on the visitation/shared parenting

schedules. Include drop-off and pick-up times and locations. Make certain both parents have access to school records, medical records, teachers and activities. Define when vacations begin and end. Share birthdays.

Plan summer visitation. Above all, be considerate. You'll get the amount of time with each parent settled, but you won't have the summer recesses nailed down. Insist on parameters (the latest you can schedule summer visits). Get a drop-dead date in writing.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

Alimony continues to be a factor in many divorces in our state. As a rule they occur in marriages of 12 years or more. Marriages of less time tend to receive alimony at a lesser frequency. Alimony in Alabama (sometimes called spousal support or maintenance) is becoming more a means of rehabilitating a working-aged dependent spouse so that he or she can re-enter the work force and become financially independent, signaling that courts extend fewer lifetime awards than in the past.

Like annulment, alimony decisions are based on case law more so than by divorce statutes. It is subjective; determined by the facts of an individual case, and the judges interpretations. Marital misconduct can play a part of any judicial decision. Pre-marital or inherited assets are excluded from any equation for alimony if they meet certain non-mingling requirements.

The wife may resume a maiden name or any previous surname- the husband can prevent the wife from continuing with his name. Just so you know, if you were divorcing in Texas, alimony there when awarded is generally for a period of only three years, and is granted as a means to allow the recipient some income as they transition to the work force.

Are you or your spouse having issues with alimony? It seems whenever a lengthy marriage ends and one of the parties stayed home (usually to care for children), disagreements about who deserves what assets become inevitable. The truth is this: If you both agreed that one of you would become a stay-at-home parent while the other worked outside the home, all assets earned or received (outside of inheritances) have to be the equal property of both of you. If only one of you funded a retirement account, the court will force that retirement account to be divided between you.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

Alabama Child Care Enforcement

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Grounds For Divorce

after the marriage, drug or alcohol addiction, complete incompatibility-can no longer live together, insanity-committed to an institution for 5 years and incurably insane, wife was pregnant at the time of marriage without the husband's knowledge, in favor of either party when the other has committed actual violence or placed the party in reasonable apprehension of such violence, in favor of the wife when she has lived separate and apart from the husband without his support for two years prior to the filing of divorce, and she is a resident of Alabama.

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Marriage Annulment
Marital Annulment

To receive a marriage annulment in Alabama, one needs to claim grounds for annulment and provide proof that a specific condition was or is present that justifies the court providing an marital annulment. The annulment process is based on case law (much like alimony is in many states). Conditions or grounds that would permit filing for an annulment in Alabama would be: Fraud & Duress- Fraud would be your mate misrepresenting something important to you or cheating you somehow, duress would be if your spouse forced or threatened you to get married, Underage marriage- Either you or your mate were under 14 at the time of marriage, that would be considered null and void under the Alabama annulment laws, Under the influence of alcohol or drugs- If either of you were under the influence when the ceremony took place, that would qualify for a marriage,

drugs- If either of you were under the influence when the ceremony took place, that would qualify for a marriage annulment, Bigamy, or the existence of a prior marriage- If you or your mate had another legal marriage going at the time of your marriage, courts would likely issue an annulment, Impotency- If either of the spouses cannot consummate the marriage, the marriage is considered void. You can also file for an Alabama annulment according to Alabama annulment laws using this ground: Incest or Consanguinity- Consanguinity is marrying someone too closely related by blood. A petition for annulment is accepted if the marriage took place between close relatives like, father, mother, nephew, sister,uncle or aunt, which violates Alabama annulment laws. If you have married any such relative, you can get an annulment in Alabama according to Alabama annulment laws.

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Marriage Counseling/
Mediation

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Legal Separation/Marital Separation

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Waiting Period

Waiting period: Alabama divorce law requires that thirty (30) days elapse from the filing of the summons and complaint before a final judgment of divorce be entered.

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Grandparents Rights

At the discretion of the court, grandparents may be awarded visitation privileges of minor grandchildren. You should consider having details of grandparents visitation in place before the final decree gets gaveled, otherwise, it may be back to court you go (legal fees). Involved grandparents can expect the courts, in general, to be favorable to petitions requesting time with the children. It goes without saying that a good relationship is always better than a court order. The shame is a fairly high percentage of these cases experiences alienation from the custodial parent.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

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Residency Requirements

Residency is important for jurisdiction (which court hears the case and what laws get applied). If both are residents of Alabama, either can file with the circuit court in the county where they reside. If one is a resident of another state (meets that state's residency requirements), that person may file in that out-of-state jurisdiction.

When the defendant is a non-resident, the other party must be a bona fide resident of Alabama for 6 months.

Dissolution must be filed where the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.

If one party does not meet Alabama residency guide- lines, and the other does, they can consider having the resident file if timing is a concern.

Filing an action first isn't necessarily an advantage if both reside in the same locale. If fault is claimed, the petitioner has the burden of proof to provide evidence to convince the court a particular behavior occurred.

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