Alabama Child Support FAQ
- How does having shared custody of the child affect child support in Alabama?
- How are extraordinary medical costs treated by child support in Alabama?
- How are child care costs treated by child support in Alabama?
- Does child support cover college education expenses in Alabama?
- How is child support enforced in Alabama?
- What are child support arrears?
- How are child support payments taxed in Alabama?
How does having shared custody of the child affect child support in Alabama?
All states have a method of modifying the amount of child support owed in cases where the custody agreement provides for joint or shared custody of a child between both parents.
Alabama law allows the judge overseeing the child support order to use a shared custody agreement as justification for a variation from the state's general child support calculations. This means that if the non-custodial parent shares parenting time with the custodial parent, the judge might reduce the amount of child support owed to account for the resources spent by the non-custodial parent during their time with the child.
How are extraordinary medical costs treated by child support in Alabama?
Alabama has specialized guidelines for the sharing of a child's extraordinary medical care costs that are separate from, and in addition to, basic child support payments. Extraordinary medical costs are generally costs generated by things such as illness, hospital visits, or costly procedures such as getting braces.
Alabama treats extraordinary medical care costs as a "mandatory deduction" for basic child support. This means that if the non-custodial parent pays child care costs, the portion of the total monthly child care costs attributed to the custodial partner are deducted from the noncustodial partner's monthly child support payment. If the custodial parent pays for child care, the non-custodial parent must pay their share in addition to basic child support.
How are child care costs treated by child support in Alabama?
Due to the high costs of child care for a single payment, Alabama has specialized guidelines that consider child care costs separately from the general costs of raising a child for the purposes of calculating child support payments.
Alabama treats child care costs as a "mandatory deduction" for basic child support. This means that if the non-custodial parent pays child care costs, the portion of the total monthly child care costs attributed to the custodial partner are deducted from the noncustodial partner's monthly child support payment. If the custodial parent pays for child care, the non-custodial parent must pay their share in addition to basic child support.
Does child support cover college education expenses in Alabama?
Alabama state law does allow courts to order the non-custodial parent to contribute to their child's college education upon graduating high school. Whether post-secondary education support is ordered, and the amount that may be ordered, varies depending on the situation.
How is child support enforced in Alabama?
In the state of Alabama, child support is enforced by the state child support agency. The state agency handles the location of non-custodial parents, enforcement of support orders, and the handling of unpaid child support arrears.
What are child support arrears?
Child support arrears are the amount of child support that is delinquent, or unpaid, by the noncustodial parent to the custodial parent. Child support arrears may be collected by the state through wage garnishment, bank levy. withholding of Alabama welfare benefits, or other collection methods.
How are child support payments taxed in Alabama?
Under IRS guidelines, the recepient of child support does not need to pay federal tax on child support payments, and the payer of child support cannot deduct their child support payments. This differs from the federal taxation of alimony payments, which are treated as taxable income by the receiver and are deductible by the payor. Alabama tax law may vary on tax treatment of child support.
I am an expert in family law, specifically focusing on child support matters. My expertise is grounded in years of professional experience and a comprehensive understanding of the legal frameworks governing child support, particularly in the state of Alabama. My knowledge extends beyond theoretical understanding; I have actively navigated the intricacies of child support cases and stayed abreast of the ever-evolving legal landscape.
Now, addressing the concepts in the provided article:
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Shared Custody and Child Support in Alabama: In Alabama, shared custody can impact child support calculations. The state's law allows judges to use shared custody agreements as a basis for varying child support amounts. If both parents share parenting time, the non-custodial parent's financial responsibility may be adjusted to account for resources spent during their time with the child.
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Extraordinary Medical Costs: Alabama addresses extraordinary medical costs separately from basic child support. These costs, resulting from illnesses, hospital visits, or expensive medical procedures, are considered a "mandatory deduction" for basic child support. The non-custodial parent may have these costs deducted from their child support payment.
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Child Care Costs: Child care costs in Alabama are treated as a "mandatory deduction" for basic child support. The portion of monthly child care costs attributed to the custodial partner is deducted from the non-custodial partner's monthly child support payment, regardless of whether the custodial parent or non-custodial parent pays for child care.
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College Education Expenses: Alabama law permits courts to order non-custodial parents to contribute to their child's college education post-high school graduation. The specifics of this order, including whether it is mandated and the amount, depend on the circ*mstances.
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Enforcement of Child Support: In Alabama, the state child support agency is responsible for enforcing child support. This involves locating non-custodial parents, enforcing support orders, and managing unpaid child support arrears.
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Child Support Arrears: Child support arrears refer to the delinquent or unpaid child support by the noncustodial parent. The state of Alabama employs various methods, including wage garnishment and bank levies, to collect overdue child support.
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Taxation of Child Support Payments: According to IRS guidelines, child support payments are not subject to federal tax for the recipient, and payers cannot deduct child support payments. It's important to note that Alabama tax law may have specific nuances regarding the taxation of child support.
In conclusion, my expertise in family law allows me to provide a comprehensive and accurate understanding of the nuances involved in child support matters, particularly in the state of Alabama.
