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CHILDREN SECTION
YOU WILL FIND ALL THE INFORMATION UNDER THE CHILDREN SECTION ON THIS WEB PAGE.
PLEASE SCROLL DOWN THIS PAGE TO GO TO THE VARIOUS SECTIONS.
HOW IS CHILD SUPPORT DETERMINED?
Child support is one of the few things in divorce that is relatively certain. For the majority of divorces involving minor
children, child support is a straightforward application of a formula that is entirely a creature of statute. Alabama uses a
model called "income shares" to figure child support. The formula turns on the following factors:
The combined gross income of the mother and the father.
Each parent’s gross income as a percentage of the combined gross income.
Any pre-existing obligation to pay child support or alimony.
The number of children under 19 generally.
The amount paid for work-related child care,
The amount paid for health insurance for the children, and the party responsible for paying it.
HOW IS CHILD SUPPORT PAID?
Child support is usually paid by the child support payment being automatically deducted from the payors paycheck by
means of an income withoulding order. If the payor is self employed the payor can send the child suppport to the court or
agency designated by the court to distribute child support located in Montgomery and the court/ designated agency will
forward it to the spouse due to recieve it.
WHAT IF MY SPOUSE DOES NOT PAY?
If your spouse does not pay a motion can be filed tohold them in contempt for nonpayment. The judge could jail them for
contempt as a means to motivate them to pay.
HOW IS CHILD SUPPORT MODIFIED?
Either parent can force child support to be recalculated at any time, but change will occur only if the recalculation results in
a change in the calculated child support of 10% or more. The way to force the recalculation is to file a Petition to Modify,
which requires payment of the filing fee applicable in the county where the petition is filed.
WHO WILL GET CUSTODY OF THE CHILDREN?
A court gives the "best interests of the child" the highest priority when deciding custody issues. What the best interests of a
child are in a given situation depends upon many factors, including:
the child's age, gender, mental and physical health
the mental and physical health of the parents
the lifestyle and other social factors of the parents, including whether the child is exposed to second-hand smoke and
whether there is any history of child abuse
the love and emotional ties between the parent and the child, as well as the parent's ability to give the child guidance
the parent's ability to provide the child with food, shelter, clothing and medical care
the child's established living pattern (school, home, community, religious institution)
the quality of the schools attended by the children
the child's preference, if the child is above a certain age (usually about 12), and
the ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.
Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is
likely to provide the children a stable environment. With younger children, this may mean awarding custody to the parent
who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best
able to foster continuity in education, neighborhood life, religious institutions and peer relationships.
HOW IS VISITATION HANDLED?
Generally in most divorce agreements we will have a standard visitation schedule in them. We will ask the client to make
any changes they would like and if the parties agree we will incorporate them into the agreement. The parties can ultimately
do what they wish as long as they agree. The visitation schedule is helpful when the parties do not agree by giving them
something to go by. This will often prevent them from having to go back to court to litigate the matter. This applies to
uncontested cases only. If the case is tried the judge will usually have their own visitation schedule inserted into their orders.
Below you will find a copy of the one we usually have as the default visitation schedule.
CHILD VISITATION EXAMPLE
(PLEASE MAKE ANY ADJUSTMENTS YOU MIGHT LIKE ON THE BACK OF THIS PAGE AND RETURN IT
TO OUR OFFICE IF THIS WILL BE AN UNCONTESTED DIVORCE.). For Under the age of twelve (12)
months, the visiting parent shall have the right of visitation with any child of the parties, on the first and third Sunday of
each month, at the place where the child lives. The periods of visitation shall be limited to three (3) hours in duration. The
visiting parent shall notify the parent with primary custody of the hours of the intended visit not less than one (1) week prior
to the day of said visitation.
After the age of 12 months the visiting parent shall have the right of visitation with any child of the parties who is over the
age of twelve (12) months and under the age of (3) years as follows:(a) On the first and third Sunday of each month
from 8:00 a.m. until 6:00 p.m.; (b) On the birthday of the said children from 6:00 p.m. until 8:00 p.m.;(c) On each
Christmas Day from 10:00 a.m. until 6:00 p.m.
After the age of 3 the visiting parent shall have the right to have the children with him or her as follows:(a) The first and
third weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday. The first weekend shall
begin on the first Friday of each month at 6:00 p.m.; (b) Each Christmas Day from 3:00 p.m. until 3:00 p.m. on the
following New Year's Day; (c) One month during the summer, at a time to be selected by the visiting parent, but upon
written notice to the parent with primary custody at least thirty (30) days in advance of such visitation; (d) Every other
Thanksgiving Day from 10:00 a.m. until 6:00 p.m. of the same day beginning this year; (e) Every other birthday of the child
from 6:00 p.m. on said date until 8:00 a.m. of the following day, beginning with the next birthday; and, (f) Any other
reasonable times and places upon which the parties can agree.
The following visitation will apply if the visiting parent lives more than 200 miles away from the parent with
primary custody.The visiting parent shall have the right to have his or her children with him or her as follows:(a) Six (6)
weeks during each summer at a time to be selected by the visiting parent; provided, however, that the visiting parent shall
have mailed by registered mail a written notice to the parent with primary custody of the date of his or her intended
visitation at least thirty (30) days prior to such visitation; (b) One (1) week each Christmas, beginning on December 26;
(c) Four (4) days of each spring school holiday; (d) Any other times the visiting parent is in the town in which the
children reside; (e) During any periods of visitation, the said child may travel by commercial airliner, provided: (1) The
visiting parent shall pay all air fair for the transportation of the said children. (2) The flights shall be either nonstop or direct
and no change of planes will be involved until the children reach the age of fourteen (14) years. (3) All travel arrangements
shall be made by the visiting parent. (4) The visiting parent shall notify the parent with primary custody not less than ten
(10) days of the date of the visitation, of the date, time, airline and flight number of the proposed carrier. (5) The visiting
parent shall send to the parent with primary custody the round trip airline tickets or shall ensure that they will be at the air
terminal and flight number of the proposed carrier. (6) The parent with primary custody shall be required to deliver the
children to the nearest commercial airport offering direct flight serve to the airport at which the visiting parent will receive
the children, not to be in excess of 150 miles from custodial parent’s residence. The parent with primary custody shall also
pick up the said child at the termination of the periods of visitation. (7) The visiting parent shall ensure that either the
visiting parent or the children notifies the parent with primary custody of the arrival of the children as soon as possible after
the children are met by him or her. (8) At the end of the period of visitation, the visiting parent shall notify the parent with
primary custody of the dates, time, carrier, and flight number of the children’s return. The visiting parent shall notify the
parent with primary custody twenty-four (24) hours prior to the time of departure. (9) On the return of the children, the
parent with primary custody shall ensure that either primary custodial parent or the children notifies the visiting parent of the
children’s return.
WHEN WILL THE COURT ALLOW A DEVIATION FROM THE CHILD SUPPORT GUIDELINES.
The child support guidelines are mandatory, and the trial court may deviate from them only where the parties have entered
a fair, written agreement establishing a different amount of support and stating the reasons therefor, or upon a written
finding on the record that the application of the guidelines would be manifestly unjust or inequitable. Rule 32 enumerates
five non-exclusive reasons courts may, but need not, deviate from the guidelines:
Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor
parent substantially in excess of those customarily approved or ordered by the court.
Extraordinary costs of transportation for visitation borne substantially by one parent.
Expenses of college education incurred prior to a child’s reaching the age of majority.Assets of, or unearned income
received by or on behalf of, a child or children.
Such other facts or circumstances that the court finds contribute to the best interest of the child or children for whom
support is being determined.
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is
made that the quality of legal services to be performed is greater than the quality of legal services performed by other
lawyers.This web site is designed for general information only. The information presented at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client relationship.