General
Citation: Ala. R. Jud. Admin. R. 32
Last Updated: July 1, 2019
Authority: Court Rule
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2006
Responsibility: Alabama Advisory Committee on Child Support Guidelines and Enforcement
Approval: Alabama Judiciary
Last Review ( )
Previous Review ( )
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Gross
Frequency: Monthly
Income Measure: Combined Adjusted Gross Income
Children Categories: 1, 2, 3, 4, 5, 6 children
Minimum Income Bracket: $0
Maximum Income Bracket: $20,000
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living: No
Expenditures Measurement: Average child-rearing expenditures
Low-Income: Yes
Medical Expenses: Yes
Parenting Time: Yes. Based on assumption that non-custodial parent will exercise customary visitation rights, including summer visitation
Poverty Level: 2007
Price Level: 2008
Subsequent Children: No. Deviation factor
Taxes: Custodial parent will claim federal and state income-tax exemptions for the children
Low-Income1
SSR/LI Adjustment Amt: $851
Discretionary: Yes
SSR/LI Adjustment Application: BCSO incorporates SSR
Threshold Income: N/A
Limitations: $1,100(1 Child), $1,350(2 Children), $1,550(3 Children), $1,770(4 Children), $1,990 (5 Children), $2,100 (6 Children)
Min. Child Support Amt: $50 combined gross income $0-$800
Limitations on Min. Amt: N/A
Deviation Factors
1. Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court.
2. Extraordinary costs of transportation for visitation borne substantially by one parent.
3. Expenses of college education incurred prior to a child’s reaching the age of majority.
4. Assets of, or unearned income received by, or on behalf of, a child or children.
5. Federal and state income-tax exemptions
6. Actual child-care costs for parent’s training or employment is 20% or more
7. Child-care costs for parent’s training or education
8. Other facts or circumstances that the court finds contribute to the best interest of the child or children for whom support is being determined.
Medical Expenses
Ordinary: Assumes unreimbursed medical costs of $200 per family of four per year.
Extraordinary: Not defined
Childcare Expenses
Added to Basic Child Support (Rule 32 (B)(8))
Education Expenses
Deviation Factor
Modification
Under Rule 32(A)(3):
1. Material change in circumstances that is substantial and continuing since last order
2. Variation of more than 10%
3. Change of guidelines does not in itself constitute proof
4. Court has discretion to modify even if less than 10%
5. Need to provide for children’s health care needs
Termination5
Age of Majority: 19 years of age
Ends: Age of Majority
Citation: Ala. Code § 26-1-1
College Support beyond Age of Majority: No duty
Exception for Adults with Disabilities: Allows post-minority support in case of handicapped children
Criminal Penalties for Nonpayment3
Citation: Alabama Code § 13A-13-4, § 13A-5-7, § 13A-5-12
Crime: Class A Misdemeanor
Maximum Penalty: 1 year, $6,000 fine
Interest and Arrears4
Arrears: Yes
Summary: 7.5% interest on the unpaid principle balance at the end of each month.
Citation: Alabama Code § 8-8-10
License Restrictions for failing to pay Child Support2
Citation: Ala. Code §§ 30-3-170 through 30-3-179
Type: Driver’s, Occupational Professional Recreational, Sporting
Threshold: Six or more months
Reinstatement: 60 days’ notice before suspension unless obligor:
(1) Pays the entire debt stated in the notice;
(2) Enters into an approved payment plan;
(3) Complies with subpoenas or warranties relating to paternity or child support. proceedings; or
(4) Requests an administrative hearing within 15 days of receipt of notice.
-License may be revoked if obligor has received two suspensions pursuant to this article in the previous 12 months.
State Contact
Name: Ms. Daphine Hudson
Title: Program Specialist
Email: daphine@dhr.alabama.gov
Phone Number: (334)353-3083
Department: Alabama Department of Human Resources, Child Support Enforcement Division
Street Address: PO Box 304000 Montgomery, AL 36130-4000
Helpful Links
Child Support Calculator: None available
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx