Do you have to pay child support if you have joint custody in Alabama?

Do you have to pay child support if you have joint custody in Alabama?

by | Jun 26, 2023 | Alabama, Child Support, Children, Custody, Divorce, Uncategorized

Do you have to pay child support if you have joint custody in Alabama?

Wondering do you have to pay child support if you have joint custody in Alabama?

First, let’s talk about what joint custody is exactly because joint custody means a lot of things to a lot of people. When it comes to custody laws in Alabama, it is the state policy in Alabama, whether parents are divorced or have never been married, that it is in the best interests of children to have frequent and meaningful contact with both parents, as long as they are fit parents; however, joint custody does not necessarily mean equal physical custody.

Joint Legal Custody

Joint Legal Custody means both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.  Ala. Code 30-3-151 Definitions (Code Of Alabama (2023 Edition)).

Joint Physical Custody

Joint Physical Custody means physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time. Ala. Code 30-3-151 Definitions (Code Of Alabama (2023 Edition)). 

Although equal durations of time are not required under the law, the most common form of joint physical custody is alternating weeks, so as to promote stability for children after a divorce or after their never-married parents’ relationship is over.

In the past, there has been no set rule for how to calculate child support in a joint physical custody scenario. Joint physical custody was always considered to be a reason to deviate from what the state of Alabama guidelines call for in child support.

New Amendment in Alabama and Joint Custody

The Alabama Supreme Court has passed an amendment under the rules of Judicial Administration (ARJA Rule 32), which specifically sets out how an Alabama child support payment is to be calculated in a joint custody situation.  You can find the entire text of these amendments here:

https://judicial.alabama.gov/docs/rules/OrderonRule32AlabamaRulesofJudicialAdministration.pdf

Under the amended rules, there are specific forms and guidelines that must be followed to calculate child support in a joint physical custody arrangement.  There is a key difference between the requirements under this rule and the state statute regarding joint physical custody. 

The child support rules use the term shared physical custody, which refers to a court-ordered physical custody arrangement whereby each parent retains physical custody of a child 50% (or approximately 50%) of the time.  A scenario where parents alternate custody on a week-on, week-off basis would meet this definition.

This new rule means that there are child support guidelines that must be followed and complied with in a shared physical custody arrangement.  Although every case is different, it is likely that if one parent earns significantly more money than the other, there will be child support; whereas, if the parents make the same amount of money, there may not be child support or there may be minimal child support. 

Again, every case is different and your attorney will have to calculate child support based on the facts of your particular case.

There is also a very significant except to this new rule regarding child support and shared physical custody – if a parent wilfully fails to exercise their parenting time for more than 14 days in a 12-month period, the court may consider that failure to exercise physical custody as a material change of circumstances sufficient to support a modification of child support. 

In other words, the Court does not have to calculate child support based on shared custody if one of the parents fails to exercise their shared custody according to their court order.

If you are considering divorce, a modification of custody or support, or you are a never-married parent seeking a custody order for the first time, these new rules and regulations about joint or shared physical custody and child support are very timely because these new rules went into effect on June 1, 2023.

If you think the new rules about joint custody or shared custody and child support may apply to your situation, contact our office for a consultation.

Jill Chancey - Legal Intake Specialist

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.

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3 Reasons Why Divorce is Not Bad for Your Children

3 Reasons Why Divorce is Not Bad for Your Children

by | May 25, 2023 | Child Support, Children, Custody, Divorce, Family

3 Reasons Why Divorce is Not Bad for Your Children

Wondering if there are reasons why divorce is not bad for your children? There are many proven reasons why divorce is better for your children than keeping them in the presence of a bad relationship.

Oftentimes, people who want to get divorced may choose to stay together because they think it is better for the children. Staying together versus getting divorced is not always bad for children.

Here are three reasons why divorce is not bad for children:

1) The environment is less contentious after divorce

Divorce is not bad for children because parents who are divorced can often have a better, or less contentious, relationship than parents who stay married when they shouldn’t. 

Think about it – if you think you may want to get divorced, what are the reasons why? 

Reasons you are considering divorce might involve, arguing, yelling, tension in the home, financial problems, infidelity, domestic violence, emotional or verbal abuse, or a host of addictive behaviors related to alcohol, drugs, gambling, pornography, or other issues. Despite your best efforts, your children will see and feel this conflict in the home. 

Children crave peace, structure, and stability in their environment. If your marriage is tumultuous, divorce may help bring more peace into your children’s lives, and yours.

2) Children have better role models after divorce

The number one way you teach children is not with what you say but with what you do. For this reason, divorce is not bad for your children, and to the contrary, is often a better situation for them.

Every day, you and your spouse are modeling behavior for your children, which is how your children learn how they should be treated and how to treat others in relationships. 

If your spouse is mistreating you to the point that you wish you could get divorced, consider what example it is setting for your children if you stay. Your children will be learning that both the mistreatment of a spouse and the tolerance of that behavior are normal and acceptable.

Simply by taking the appropriate action, you will be communicating to your children that mistreating your spouse is unacceptable and should never be tolerated.

3) High-conflict marriages result in poorer outcomes

There is now a huge amount of psychological research and literature that shows that children of divorce do not have poorer outcomes in life than children whose parents are married, but children whose parents have a high-conflict divorce do have poorer outcomes in life. 

Examples of a high-conflict divorce include things such as repeated and protected litigation, constant arguments between the parents about minor issues, expecting the children to take sides, and putting the children in the middle of adult matters and arguments. 

If you and your spouse can learn to co-parent in a peaceful and constructive manner, despite your differences which led you to divorce, your children can flourish. 

 

There are many reasons why divorce is not bad for your children. If your goal is to have a peaceful divorce that helps create a fresh start and a brighter future for you and your children, please give us a call or schedule a consultation. Our team of expert divorce attorneys is happy to help you achieve these goals for your divorce and your children.

Jill Chancey - Legal Intake Specialist

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.

Read Full Bio
Updated Alabama Child Support Guidelines, May 1, 2022

Updated Alabama Child Support Guidelines, May 1, 2022

by | Jun 26, 2022 | Alabama, Child Support

Alabama’s Child Support Guidelines have been amended, effective May 1, 2022, incorporating significant changes to the prior child support guidelines. You may be wondering how these changes to Alabama child support laws could affect how you make child support payments. Some of the most important key changes are as follows:

  • All of the support amounts have increased.
  • The cap for the maximum combined family income for both parents is now $30,000 per month instead of $20,000 per month.
  • The guidelines take into consideration which parent is paying all or part of both health insurance and work-related child care, essentially giving that parent a credit for same; whereas the old guidelines only credited the parent who pays health insurance.
  • The new guidelines include a subsistence-level self-support reserve amount to ensure that paying parents who are below a certain income level still have income left to pay for their own basic needs.

Whether you have a pre-existing child support order, a divorce decree, or a subsequent modification order, these changes to the child support law could potentially result in a decrease or increase of the child support amount from your prior order.

If you would like to discuss a possible child support modification, contact our office for a consultation.

Is it Time to Consider a Child Support Modification?

Is it Time to Consider a Child Support Modification?

by | Mar 6, 2017 | Alabama, Child Support, Children, Divorce, Family Law

Is it Time for You to Consider a Child Support Modification in your case? If you have had a divorce in Mobile, Alabama, whether you are the person who receives child support or whether you are the party who pays child support for the benefit of your minor children, there are several factors that influence the amount of child support paid:

Date of Prior Order

The Alabama Rules of Judicial Administration, Rule 32, is the Rule of Court which governs the method used to calculate child support in Alabama. A new set of Child Support Guidelines under Rule 32 became effective on January 1, 2009. If your order of child support pre-dates January 1, 2009, you may need to consider taking another look at your child support order.

Incomes of Parties

If there has been a significant change in the income of either the party paying or the party receiving child support, it might be time to re-evaluate child support, as same is based on the income of both parties in the state of Alabama. Some examples of such changes are if one party was unemployed at the time of the last order and is now employed; a party has become disabled and unable to work; a party has been promoted and received a significant salary increase; a party formerly received bonuses or overtime and no longer receives same, etc.

Day Care

Work-related day care for children under the age of 12 is included in the child support calculation in Alabama. Day care can be very costly, so if children are no longer in day care or if day care is not work-related, this can effect the amount of child support in a very significant way.

The above items are just some of the various fact situations that could result in a child support modification. If you believe it may be time to consider a child support modification in your case, contact your attorney to schedule a consultation.

*The above post is for educational purposes only and is not meant to provide legal advice. If you are in need of legal advice, contact an attorney.*