When Can The Courts Deviate From The Child Support Guidelines?

Most aspects of divorce cases are individual to the couple, and you have more control over them than you might realize.  For example, Alabama’s equitable distribution laws make it so that, if your divorce case goes to trial, the judge decides on a case-by-case basis how to divide your marital property and, if you have minor children, your parenting time.  You have the right to hire a lawyer, who will present arguments and summon witnesses to persuade the court that you deserve the property and parenting time you have requested in your divorce petition.  Consider also that your divorce case probably will not go to trial at all.  Alabama requires divorce mediation in all divorce cases except where domestic violence-related restraining orders make this prospect unsafe.  Unless you and your spouse, with the help of your lawyers, are unable to negotiate a property settlement and parenting plan during mediation, the judge’s role is only to sign off on an agreement that you drafted.  Child support, however, is determined by a mathematical formula set by state law.  The court only orders an amount other than what the statewide guidelines indicate in extraordinary cases.  If you believe that the court unfairly deviated from the state guidelines in calculating your child support, or that it should deviate from the guidelines, contact a Birmingham child support lawyer.

Not Getting Along With Your Children Is Not a Valid Excuse Not to Pay Child Support

The purpose of parenting plans is to enable the children to maintain a stable relationship with both parents, whereas the purpose of child support is to ensure that both parents contribute financially to the children’s care.  If your ex keeps the children away from you, the court can remedy this by modifying your parenting plan to award you more parenting time and then adjust the child support order to reflect this.  Likewise, if you suffer a financial hardship for reasons beyond your control, you can petition the court to reduce your child support obligations to reflect your current ability to pay.

A lawyer divorced his wife, who was a public school teacher, and the children spent the majority of their time with their father.  The court ordered the mother to pay a lower amount than the statewide guidelines would dictate.  Eventually, the father was disbarred and lost his license, but was unable to find another job.  Meanwhile, the mother’s relationship with the children deteriorated to where the children refused to visit her except on major holidays such as Thanksgiving and Christmas.  The parents went back to court, and the court ruled that the mother still had an obligation to support the children.  It also imputed income to the father, finding that he was voluntarily unemployed.

Contact Peeples Law About Unusual Parenting Plan Situations

A Birmingham family law attorney can help you if you and your ex-spouse have encountered financial trouble and conflict since your divorce.  Contact Peeples Law today to schedule a consultation.

Source:

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