Modify child support due to increases in healthcare, other costs
Do you want to modify child support payments, but not sure how? An experienced attorney can help you apply your situation to the law to access the strength of your case.
In Alabama, child support payments are determined by the Alabama Child Support Guidelines. Courts also use these Guidelines in determining whether to modify an existing child support payment.
To modify child support payments, one must prove a “material change in circumstances” has occurred since the last child support order. That “material change” must also be “substantial and continuing”.
While the facts of every case can vary, proof of the following can constitute changed circumstances:
- An increase or decrease in the financial needs of the children and the parents’ abilities to respond to those needs;
- Remarriage of a former spouse;
- Former spouse’s “ability to earn” versus “actual earnings”;
- Former spouse’s increase or reduction in income;
- Former spouse’s loss of employment;
- Increases in healthcare or child-care expenses
In addition to income, child support obligations can include other expenses, such as child-care and healthcare. All of these factors are used to determine a child support obligation under the Guidelines. These same factors determine whether a child support modification is warranted.
However, if your circumstances have changed such that a recalculation of your child support obligation would result in a 10 percent change from what you are presently paying or receiving, this creates a presumption of a material change in circumstances. This means that this 10 percent change in and of itself can be enough proof to obtain a modification in your support payments.
Interested in learning more about whether your circumstances have changed to justify a modification in your child support payments? Contact me today at (205) 776-1203 or use the form below to discuss your situation.