Child Support Attorney in Auburn

Child support is one of the most hotly contested issues during a divorce or parentage proceeding. The goal is to provide the child (or children) the financial support needed to meet their needs and maintain at or near the same standard of living they were accustomed to when the parents were together. Both parents are expected to contribute their fair share toward this goal.

Although Alabama has specific guidelines in place for how much support should be paid by the non-custodial parent, Auburn area courts have the discretion to deviate from these guidelines based on certain factors that may be present. This brings some level of uncertainty to the process, and it makes it all the more necessary to have strong legal counsel in your corner looking out for your best interests, and the best interests of your child(ren).

Whether you are a custodial parent who is seeking to collect child support, or you are a non-custodial parent who wants to ensure that your support payments are fair and manageable, the Alsobrook Law Group is here to help. Our attorneys have extensive family law experience, and we work closely with our clients, taking the time to listen and understand their specific needs and working hard to develop solutions that thoroughly address those needs and protect their interests.

We have practiced in Auburn for many years, and we are very familiar with the courts in this area. We have represented countless clients for various family legal issues such as child support, and we have an in-depth understanding not only of Alabama law, but also how the specific laws and statutes are typically applied in the local courts. Our depth of experience and knowledge allows us to present the strongest possible case and make the arguments necessary to help secure a positive outcome.

Alabama Child Support Laws

When it comes to child support, Alabama is one the majority of states that follows an “income shares” model. The idea behind this model is that the child should receive the same proportion of income from each parent as when the parents lived together.

When a household is intact, the parents’ incomes are usually combined and spent to maintain a certain standard of living for everyone in the family. The goal is to achieve at or near the same standard of living when the parents are separated by having each parent contribute their fair share toward the support.

The “income shares” model uses a complex formula that includes adding together the gross monthly incomes of the two parents and determining the percentage of the total gross income each parent is responsible for. We have put together a more detailed guide on how to calculate child support in Alabama, which you can access here.

As we touched on earlier, the Auburn family courts have the ability to deviate from the standard child support guidelines. Some of the factors that may warrant a deviation include:

• A non-custodial parent who incurs extraordinary travel expenses in order to visit the child;
• The parents have shared physical custody, or the non-custodial parent has significantly more overnights with the child than is customary;
• The child has assets or receives unearned income, such as inheritance, disability payments, or income from a family trust or annuity;
• One of the parents derives unearned income from sources such as a large inheritance, gift, or lump sum obtained from the sale of property;
• Tuition and living expenses incurred by a child who is attending college but is past the age of majority;
• Any other factors that the court may deem relevant to child support and in keeping with the child’s best interests.

Child Support Modifications and Enforcement in Auburn

When the final child support award is decreed by the court, this is not always the end of the story. Life happens, and circumstances inevitably change over time. Sometimes, these changes in circumstance may be significant enough to warrant a modification of the original child support payment.

Some situations in which the court may be willing to revisit the issue of child support include:

• The non-custodial parent (who is paying support) is spending significantly more time with the child(ren);

• There is a significant change in income for one of the parents or the child;

• The non-custodial parent loses his/her job or incurs another type of financial hardship;

• The child develops a health condition that significantly increases their cost-of-living;

• One of the parties is moving out of the area, which impacts travel costs and living expenses.

Successfully obtaining a child support modification is not easy. Essentially, you are asking the court to change its original determination, so you will need to demonstrate adequate justification for doing so. If you disagree with a modification request, you will also need to strongly argue the reasons you believe support should remain at its current level. Either way, it is never advisable to enter this proceeding without a seasoned attorney by your side.

It is important to note that, in order to legally modify child support, you must obtain the approval of the court. Some parents make arrangements between themselves, and although this may seem sufficient, you could be exposing yourself to legal consequences if the arrangement is not approved by the court. And this brings us to our next point.

There are times when the paying parent is not fulfilling his/her child support obligations. In such cases, the other parent may need to go to the court and ask them to compel the non-paying parent to pay what they owe. The court has various enforcement mechanisms in place to accomplish this, and a parent who is delinquent on support payments can wind up in serious trouble both civilly and criminally. Our lawyers have extensive knowledge of both family law and criminal law, and we can provide strong representation if you are involved in any type of dispute over child support payments.

Contact Our Knowledgeable and Compassionate Auburn, AL Child Support Attorneys

During a divorce or separation, children are often caught in the middle. However, they should not be penalized because their parents’ relationship didn’t work out. Whatever side you are on in a child support debate, the goal should be the same; to provide the level of support needed to adequately care for their needs. What this looks like will not be the same in each case, and parents should work together to resolve this issue peaceably and amicably if possible.

At the Alsobrook Law Group, we understand that child support can be a contentious issue, and we are here to provide skilled legal representation and moral support while working to resolve this issue. In Auburn, Opelika, and surrounding communities, message us online or call our office today at 334.737.3718 to schedule a free consultation with one of our attorneys.