Top Pelham, AL Child Support Lawyers Near You

Visit our free Child Support Resource Center.

Will I Have To Pay Child Support in a Divorce?

In a divorce where the couple has children, they will have to decide how to divide the property and how to share time with the children. The child custody order can determine which parent will pay child support. In most cases, the parent with the most parenting time is usually the custodial parent. The other parent is the noncustodial parent. In general, the noncustodial parent pays child support to the custodial parent but it depends on the individual situation.

How Is Child Support Calculated in Alabama?

The amount of child support is usually based on Alabama child support guidelines. Child support guidelines are calculated based on several factors, including parents’ income, number of children, custody time, child care, health insurance, other child support obligations, and other expenses. Calculating child support also takes into account where the parents live and travel expenses for visitation time with the child.

Can a Lawyer Change Child Support Payments?

If a parent thinks they didn’t get enough money, they may want to increase child support payments to properly care for their child. The parent paying the money may want to reduce the child support order because they don’t think the other parent will use the money properly. If you want to modify an existing child support order, you need to show a “substantial change in circumstances.” Your child support lawyer can file a petition for a child support modification.

How Can My Lawyer Enforce Child Support?

If the supporting parent is not paying child support or only pays a portion of the support, you can enforce payment. Your family law attorney can advise you on how you can enforce child support through court orders or with help from the Alabama child support services. Enforcement can include putting a levy on their bank account or lien on their property, garnishing wages, or taking tax refund money.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

What Happens if I Fail To Pay Child Support?

If you are having trouble paying child support, you can go to the court to petition to modify the support obligation. In general, you will have to show a substantial change in circumstances to get a reduction. This could include loss of your job, disabling injury, getting sent to prison, or facing a medical emergency. If you fail to make child support payments, they will continue to build. Back child support does not go away and it is not erased. Even if you go through personal bankruptcy, it will not erase child support debt. You may also have your driver’s license suspended or lose public assistance if you fail to pay child support.

When Does Child Support End?

A parent’s obligation to pay child support ends when the child reaches the age of majority. However, some states extend the age of majority obligations if the child begins attending college or other qualifying school. The parent’s child support obligations also end if the child becomes emancipated through the courts, gets married, or enters active-duty military.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

Can I Deny Visitation if My Ex Doesn’t Pay Support?

Child support matters and visitation rights are separate. It may not seem fair but whether or not your ex pays child support doesn’t mean you can violate the child custody order. Similarly, if your ex doesn’t let you see your child, you still have to pay support. If you want to enforce a child custody agreement or enforce child support issues, you should go to family law court instead of taking matters into your own hands. Talk to a child support attorney or law firm for legal advice about your child support case and legal issues.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

Tips on Approaching an Initial Attorney Consultation

• Use the consultation as a means of gaining a better understanding of your legal situation.
• Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
• Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
• Determine how comfortable you are working with the lawyer and/or law firm.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.