If you are paying child support under a child support agreement and wish to get the amount you pay changed, it is in your best interest to talk to Jim Holliman. In Alabama, there is a precise way to proceed with your child support agreement modification application to the court. Only the court can decide the amount of child support that is to be paid. Only the court can decide if the amount of child support being paid can be changed. If you approach the court directly, without legal counsel, you may think you were treated differently if you were represented by counsel. This is an illusion if your perception is based on the fact that you didn’t have an attorney. Don’t take a chance trying to do this on your own. Jim Holliman can help you by pointing out the best way to achieve your goal within the judicial system.
In Alabama, Rule 32 dictates guidelines for legal actions and court proceedings regarding child support. These guidelines pertain to any action to establish or modify child support, whether temporary or permanent, on the amount of child support awarded. To invalidate an established child support agreement amount requires a written finding proving the guidelines are unjust or inappropriate. The finding must be based upon a fair, written child support agreement between the parties establishing a different amount and stating the reasons for the change. A determination by the court, based upon evidence presented in court is then entered into the court record.
These guidelines are based on the income shares model developed by the National Center for State Courts and are founded on the premise that children should not be penalized as a result of the dissolution of the family unit but should continue to receive the same level of support that would have been available to them had the family unit remained intact.
Each parent is required to submit forms filled out to illustrate to the court the income and expenses of each parent. A portion of the adjusted total child support obligation is then ascribed to each parent based on his or her percentage share of the combined family income. Whichever parent pays the cost of health insurance is taken into consideration. The court may make additional awards for extraordinary medical, dental and educational expenses.
Reach Out to Us
With our legal assistance, you can resolve your child support agreement problem. Call us today at 205-663-0281 if you want to know more about the child support process. Jim Holliman will help you so you can take care of your loved ones. We treat you like family.
Dianne Dunlap, Paralegal