We get a lot of questions about child support here.  It tends to be one of the most contentious elements in a divorce.  We also help unmarried parents when they come to us looking for a fair arrangement for both child support and custody.   Unfortunately, there are no quick, easy, or universal answers.  Most of the initial answers to general questions are “it depends,” but given the facts of the case, an attorney can provide you with a more specific answer.

A brief history of child support

In the United States, laws governing and mandating child support were initiated around 1950 as an effort to reduce the number of children living in poverty.  This mission has expanded to all parents, not just those living in poverty.  Essentially, our government has deemed it a public good that all children have sufficient food, shelter, health care, and the necessities of life.  This is the primary mission of all agencies involved in child support, from the federal to the state level.  Currently the federal Office of Child Support Services cooperates with state agencies and oversees the national child support system.  Their mission is to ensure that children receive support from both parents, even when they live in separate households.

At the international level, the 1992 United Nations Convention on the Rights of the Child is a binding convention signed by every member of the UN, including the United States.  In short, it declares that the upbringing and development of children is the common responsibility of both parents, and an adequate standard of living is “a fundamental human right of children.”  One might be surprised that this was codified into law so recently; it seems like a matter of common sense that children need someone to care for them, and an adequate standard of living.

Child support in Alabama

In Alabama, the Department of Human Resources offers assistance with child support issues, such as locating non-custodial parents, support orders, and the collection of child support payments. Although DHR’s mission has evolved over the years, it was initially founded in 1935 and continues to administer programs that aid families, such as ALL Kids health insurance, Child Protective Services, and Food Assistance.  For most of our clients, their primary interaction with DHR is the Alabama Child Support Payment System, a program under the umbrella of DHR.  That program facilitates the payments and disbursements for each parent that pays through their office. We always recommend that our clients pay through this system so that their payments are officially documented and the records are easy to access.    

Okay, but how much will I pay?

Well, it depends. The guidelines for child support calculations rely on several figures: the income of each parent; the cost of childcare; the cost of health insurance; and the difference between each parent’s income.  When all parties are totally transparent about their income and expenses, the answers are pretty straightforward.  We often find ourselves, however, having to subpoena income and employment records for people who are uncooperative.  We help both married, formerly married, and never-married parents get the information needed to get a correct answer.

That said, sometimes there are special circumstances that require a deviation.  In some states, child support payments end upon the child’s turning 18.  Here, the support continues until the child turns 19.  However, if a child is disabled and will require lifetime support, that support may be extended indefinitely.  There may be other mitigating circumstances, such as one parent being in prison and lacking income entirely.  If one parent incurs significant travel expenses to exercise their visitation, this may result in an approved deviation from the standard.  These deviations are usually negotiated by the parties’ attorneys and have to be approved by the judge.  If you have unusual circumstances, this is certainly something to discuss with your attorney.

Anyone who has watched the cost of living increase knows that a child support payment that would have been sufficient in 2010 would likely not be nearly enough here in 2024.  In addition to the overall changes in cost of living, one or both parents may see a significant change in income.  If this happens in your situation, you can request the courts made a modification to your child support (either paid or received).  We can help you assess whether the change is significant enough to go to court for a modification.  We frequently assist clients with this process so that the numbers align more closely with the incomes and expenses of each parent.

What if I don’t pay my court-ordered child support?

If you are not paying your court-ordered support, you will find yourself in arrears. A person in arrears is facing not only interest charges, but can be taken to court for contempt.  Many people who owe support have it automatically deducted from their paychecks and sent to the Alabama Child Support Payment Center to be sent to the other parent.  This is a relatively easy, no-conflict way to make those payments.  If you are in arrears, a portion of your pay may be garnished to go towards your debt. This can even happen if you move out-of-state.  Your tax refund may also be garnished by the IRS, or a lien placed on your property.  You will stay in arrears for as long as it takes to pay your debt, even if your children are grown and over 19.   

In Alabama, parents who refuse to pay child support and have the ability to do so can be charged with criminal “nonsupport”, which could result in fines or a jail sentence.  This is pretty uncommon, but it is on the books.  Just something to be aware of!

At the federal level, there are circumstances in which a person in child support arrears may be sent to prison.  There are several conditions on this; mainly it involves refusing to pay child support for a child who lives in another state.  Being past due for a year or for more than $5000 is a criminal misdemeanor; being past due for two years or more than $10,000 is a criminal felony.  In other words, if you are thinking of leaving the state to avoid child support?  That turns your situation into a federal case.

However, this is only applicable in specific cases; the child support enforcement must be addressed at the local or state level before concerns are raised to the federal level.

How much can raising a kid actually cost?

Frequently, non-custodial parents will be angry and resentful that they are giving money to their child’s other parent.  It may seem unfair, or like they’re providing money to the ex-partner for luxuries.  However, it’s important to remember that raising children is very expensive.  How much does it cost to raise a child born in Alabama this year? The estimates vary, but range from about $200,000 to $375,000. It’s easy for a non-custodial parent to not have a firm grasp on the day-to-day costs of raising a child, but the numbers don’t lie.  Your child needs support from both parents to survive, and thrive.

If you’re feeling resentful about paying your child support, try to reframe the expense as feeding, clothing, and educating your child.  Additionally, the best estimate right now is that the cost of replacing a full-time parent with a professional cook, cleaner, tutor, chauffeur, nanny, and nurse is estimated at around $115,000 a year.  Raising children is expensive, and the primary caregiver is doing a lot of unpaid work.  Truly, the way child support is calculated here is not unreasonable.   

           It may be hard to do this, but separating your child’s needs from your emotions about the end of your relationship with the other parent is going to lead to a better attitude about sharing expenses with them.  We always recommend therapy or counseling to our clients going through difficult times, and this is certainly a topic to raise with yours. It’s best for everyone to approach the issue with an eye to what is best for your child.

As always, we are here to help.  Whether the other party is an ex-spouse, ex-partner, or merely a co-parent, we know what steps to take to get an equitable child support and custody order in place.  Give us a call at 251-432-7909 or request a consultation here on the website and we can get started.

Author: Jill Chancey

Jill Chancey is a New Orleans native who has called Mobile home since 2019.  She attended Trinity University in San Antonio, majoring in Art History and English.  She also has an MA and a PhD in Art History.  After earning a certificate in Paralegal Studies, she pivoted to the legal profession after several decades as an art historian.  In her free time she enjoys science fiction, art museums, and collecting and reselling vintage design.