Sign and date the petition. Even though it may take months before you can actually get an order reducing the child support, if you ask for a retroactive change in child support, the court can order that the change go back to the date that you filed the petition for child support modification. If an agreement cannot be reached, the judge will make the final … info@bradfordladner.com. If you use certified mail, you must use the court clerk's office address for the return receipt and write your case number on the receipt. This case involves a modification of child support that was granted in the original divorce proceeding. Answer all questions on the petition and check any applicable boxes. The request must be made in writing and state why you believe the order should be changed. 1.1.0.0.0.9 Child Support Modification - The Trial (Part 9) 1.1.0.0.0.10 Child Support Payments - the Judge Decides (Part 10) 1.1.0.0.0.11 Appeal Against New Child Support Numbers – Ugh (Part 11) 1.1.0.0.0.12 Child Support Enforcement - Was the Fight Worth It? (b) A party seeking a modification of child support must plead and prove that there has occurred a material change in circumstances that is substantial and continuing since the last order of child support. attorneys providing legal representation in criminal and civil trials and appeals in all state and federal courts in Alabama, CRIMINAL DEFENSE She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts. 4. Use our free directory to instantly connect with verified Child Support Modification attorneys. The increased need will be examined to determine if it is the product of truly increasing basic needs, or the result of an intentional taking on of expenses by the custodial parent. Procedures vary by county. If a child support order was part of a marital settlement agreement, the court has authority to change it merely if the child’s needs require a … 160 St. Emanuel Street That is considered the age of majority in this state. Then, the parent that’s receiving the child support for the children’s benefit should seek to have child support increased. If you file a joint petition, a hearing is unnecessary. TRIALS AND APPEALS. (c) There shall be a rebuttable presumption that child support should be modified when the difference between the existing child-support For example, if your lost your job and now have a lower paying job, get copies of your last four pay stubs showing your new wages. Check the court rules for the proper service method. Birmingham alimony modification lawyers and child support modification attorneys representing divorce clients in Jefferson County, Shelby County, St. Clair County, Alabama and beyond . In such a circumstance, it is possible that the increased needs of the children would constitute a material change in circumstances. What Happens At a Child Support Modification Hearing? The Alabama Child Support Guidelines are use to set temporary child support and for determining the modification of child support. The parent seeking the modification needs evidence to prove a modification is justified. 205-802-8825 Fax In some states, such as Florida, you may need to contact the state. You may download the forms from the Alabama Administrative Office of the Courts website. Compare the best Child Support Modification lawyers near Hoover, AL today. It is sometimes called the “McLendon standards” or the “McLendon doctrine.” Grounds for child custody modifications are not found in an Alabama statute. 1330 21st Way South, Suite 120 ALABAMA FIELD SOBRIETY TESTS IN DUI CASES, CRIMINAL PUNISHMENT – ALABAMA SENTENCES AND FINES, VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, NON-VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, ALABAMA CRIMINAL SENTENCING PUNISHMENT FINES – COMMUNITY CORRECTIONS, STATUTE OF LIMITATIONS ON CRIMINAL CHARGES, FEDERAL SENTENCING GUIDELINES – An Overview, ALABAMA CONSTRUCTION CONTRACT DISPUTES & CONSTRUCTION LIENS, 2014 ALABAMA EXPUNGEMENT BILL LIST OF “VIOLENT CRIMES”, COMPASSIONATE RELEASE FROM FEDERAL PRISON – COVID-19, BRADFORD LADNER WINS FEDERAL FORFEITURE CASE, BILL WOULD FORBID USE OF ACQUITTED CONDUCT IN FEDERAL CRIMINAL SENTENCING, APPEAL WAIVERS IN FEDERAL CRIMINAL CASES EXAMINED BY SUPREME COURT, BRADFORD LADNER LLP OPENS MOBILE ALABAMA OFFICE, 2017 LEGISLATIVE UPDATE ON ALABAMA CRIMINAL LAW AND PROCEDURE, PROPOSED BILL EXPANDS ALABAMA EXPUNGEMENT LAW, CLIENT FOUND NOT GUILTY OF SEX ABUSE CHARGE, FEDERAL DRUG CHARGE DISMISSED IN MOBILE ALABAMA, BRADFORD NAMED AMONG BIRMINGHAM TOP LAWYERS, NEW ALABAMA ATTORNEY – MEREDITH K. MAITREJEAN JOINS FIRM, AMBER LADNER NAMED AS ONE OF BIRMINGHAM TOP WOMEN LAWYERS, COMMENTS ON ASHLEY MADISON, ADULTERY, AND ALABAMA DIVORCES, Bradford Ladner LLP Wins Reversal In Civil Appeal Over Divorce Agreement, Successful Appeal of Divorce Modification Case, ASSET FORFEITURE – CIVIL AND CRIMINAL ASSET FORFEITURE LAWS, CHILD SUPPORT MODIFICATION- Overview of Alabama Law, FATHERS RIGHTS – Alabama Child Custody Divorce Law, THINKING ABOUT A DIVORCE – Birmingham Divorce Lawyer Comments, BOND IN ALABAMA CRIMINAL CASES – AN OVERVIEW, Remarriage or divorce from a different spouse, Reduction of income due to state imposed requirements for party’s profession, Increase in age of child that is consistent with the increase in cost of living for the age of the child. Generally, a court will consider a modification request if a parent’s income changes by more than 10%. The attorney represents the State of Alabama only. Gather proof of the reason for which you are requesting a modification. The most common example of a material change in circumstances is a change in the financial circumstances or income of either party. Testimonials; Blog; Make a Payment. Can I Get Compassionate Release From The Bureau Of Prisons? In an effort to keep our clients and potential clients abreast of how Bradford Ladner LLP is handling matters during this health crisis, we offer the following […], BIRMINGHAM ALABAMA OFFICE: Section 30-3-5 — Venue of all proceedings seeking modification of child custody, visitation rights or child support. Here, the parties were divorced in 2001, and according to the divorce decree the husband was required to pay $923 per month in child support. The child support laws in Alabama are flexible and allow the modifications owing to change in the circumstances. Having a grasp on how this … It is the attorney’s duty to pursue the legal steps necessary to enforce or establish child support obligations from non-custodial parents. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. Alabama’s Two Standards Used to Modify Child Custody. Call us today! Findings, Recommendations, Modification Order for Support: 7/1/2019: CS-12: Complaint for Paternity and Child Support: 7/1/2019: CS-12A: Complaint for Paternity and Child Support (Alleged Father) 7/10/2009: CS-13: Order Setting a Date for Hearing: 11/27/2012: CS-14: Request for Admissions: 11/1/2004: CS-16: Order Establishing Paternity and Setting Amount of Child Support: 7/1/2019: CS … This means that if there is a situation where you need a modification, it is highly advisable to file the petition for child support modification as soon as possible so that it will apply to as many payments as possible. You and your spouse can prepare a joint modification petition to file in court if you both agree to change the support amount. The court may either grant a temporary or permanent modification of child support. Other situations, like a parent paying a lot of money for a child’s medical care, can also warrant reconsidering child support amounts. Sign the affidavit in front of the clerk and ask her to notarize your signature. How to Change a Child Support Order Authored By: Alabama State Bar Information. This means that if you can show a 10% change under the rules, then it becomes the other party’s burden to refute the evidence of the change. Alabama child support law is founded on the policy that both parents, whether unmarried or divorced, are obligated to support their children. Ask what the filling fees for modification are, what payment methods are accepted and what you must bring with you. Can the amount of child support be altered? Grounds for Child Custody Modification in Alabama . This can be done by filing a modification request with the courts. The state will send you the right form. 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