Overview.
In Alabama the two (2) most common types of
support obligations are child support and spousal
support. Child support is generally calculated upon
the initial custody determination whether by divorce
or a petition to determine custody. Spousal support
is generally awarded in the final Judgment of
Divorce or by agreement of the parties. Support
Orders can be modified if the asking party can show
certain criteria.
A spousal support modification can be requested once
there has been a material change in circumstances of
one or both parties after the entry of the Final
Judgment of Divorce. The asking party bears the
burden to prove that a change is necessary. Factors
for the court to consider are:
- The remarriage of the paying spouse;
- The receiving spouse’s employment since the divorce;
- The financial status and needs of the receiving spouse;
- Whether the receiving spouse is presently capable of self-support;
- The ability of the paying spouse to respond to the former spouse’s financial need;
- Whether there are dependent children;
- Whether alimony was originally agreed upon;
- Whether there has been a material change in the financial situation of either, or both, of the parties;
- The health, age, and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of divorce;
- The length of time separating the initial alimony award and the modification hearing; and,
- Any other material and relevant
circumstances as disclosed by the evidence in a
particular case.
Child Support is calculated using specific guidelines mandated by the State of Alabama that factor in both parties’ income and expenses involving the child. Once a support award is made the party asking for the modification generally needs to show a ten percent (10%) change in the amount awarded and amount now determined by the guidelines. The Child Support Guidelines contain very specific language concerning modifications:
- The child support guidelines shall be used
by the parties as the basis for periodic updates
of child support obligations.
- The provisions of any judgment respecting child support shall be modified only as to installments accruing after the filing of the petition for modification.
- There shall be a rebuttable presumption
that child support should be modified when
the difference between the existing child
support award and the amount determined by
application of these guidelines varies more
than ten percent (10%), unless the variation
is due to the fact that the existing child
support award resulted from a rebuttal of
the guidelines and there has been no change
in the circumstances that resulted in the
rebuttal of the guidelines
