Alabama Child Support

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A divorce affects the life of the separating partners in a number of ways. However, if these partners are parents, then their problems take an altogether new shape. They have to take decisions keeping in mind the child's well-being. Child support is an important area where the parents as well as the court have to focus a lot. The issues of child custody and support are common to many cases in the United Nations. As such these states have laid down guidelines for child support. Alabama is no exception. The guidelines related to divorce child support in Alabama are found in Rule 32 of the Alabama Rules of Judicial Administration. According to these laws, both the parents have to furnish specific financial details to decide the support amount. Thereafter the amount to be paid as support is determined by using the child support calculator.

Pertinent points regarding Child Support

• The Department of Human Resource is the organization responsible for enforcing obligations related to child support.
• Child maintenance amount cannot be reported on tax returns by any parent.
• The Alabama court where the case is fought will retain the sole jurisdiction to make changes in the support amounts.
• The Family Court takes the following points into consideration while deciding the support payments:
  • The total income of both of the parents
  • The individual income of each parent, as a percentage of the combined gross income
  • Any previous child support or obligations
  • Health insurance obligations fulfilled by any parent or both parents
  • The number of children who are less than 19 years of age
• The minimum amount of child maintenance in Alabama is:
  • 20% for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five children and
  • 45% for 6 or more children

Eligibility for Divorce Child Support in Alabama

If an individual is presently been given Foster Care, Medicaid or TANF (Temporary Assistance for Needy Families), they are automatically eligible for child support services. The TANF worker directs this individual to the Child Support Unit. At this place, an appointment is arranged for the person to fill in a child support application. Besides this, the following persons can apply for child maintenance in this state:

• Non-custodial parents
• According to an order of the court if an agency holds custody of a child, then a representative of such an agency is eligible for this position.
• Alleged fathers who have a desire to prove paternity.
• Any individual who has been given the responsibility of and who exercises control over the child. For example:
  • A custodial parent
  • Grantee related to control and care of the child, but not their custody

Role of Lawyers

• The child support lawyers in this state and the 'Alabama Department of Human Resources' have an agreement that the lawyers should provide legal representation.
• The duty of the lawyers is to ascertain that legal steps are being taken to establish or enforce support obligations from non-custodial parents.
• The lawyer is solely a representative of the State of Alabama.
• An attorney-client relationship does not exist irrespective of whether the client receives TANF or otherwise.
• A lawyer is expected to handle child subsidy issues only. If the client has filed an appeal related to visitation, custody or any other issue, then it is essential that this client seeks private counsel for these issues.

Enforcement of Divorce Child Support in Alabama

Federal Prosecution

As per a law enacted in 1992, if a person crosses state lines to avoid payment of child support, this is treated as a federal crime. Such a person is prosecuted by federal authorities.

License Revocation or Suspension

If a non-custodial parent does not disburse child support, his/her recreational, sporting, professional and/or driver's licenses could be withheld, revoked or suspended.

Liens

A lien (i.e. legal hold on property that prevents sale or refinance of the property before the debt is repaid) is placed on real estate or personal property (like insurance settlements, bank accounts, vehicles or lump sum payments).

Financial Institution Data Match

If a non-custodial parent fail to make support payments as specified by laws, his/her accounts in financial institutions are identified. These accounts are subjected to levies and liens.

Federal Passport Restriction, Revocation or Denial

The case can be considered for passport denial if the arrears of the non-custodial parent are more than 2,500 USD.

Certifying debts for IT offsets

The state reports a parent to the State Department of Revenue and the Internal Revenue Service in case the parent owes back support (500 USD if the child does not get TANF and 150 USD, if otherwise). The support is subtracted from the state or federal tax refund of the parent and given to the family/state. The certification fee is 10 USD.

Credit Bureaus

When the arrears of the non custodial parent crosses 1,000 USD, this data is automatically forwarded to credit reporting agencies.

Income Withholding

This is an administrative or court order that directs the employer of the non-custodial parent to subtract the child subsidy amount from his/her wages.

Internal Revenue Service

This Service is asked to take action to gather back support of minimum 750 USD.

This is a general overview of divorce child support in Alabama. If you want to know more about a specific issue relevant in your case, you must meet a professional lawyer.

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