Alabama Child Support Attorneys

If you are considering raising or lowering child support in a prior case, our Alabama child support lawyers may be able to help. When you call our office, you can usually speak with a child support attorney the same day. If pursuing a modification makes financial and practical sense, our family law attorney can file the necessary petition and represent you at the hearing.

The general rule for modifying child support is that parents or custodians of a child under nineteen (19) years of age in Alabama may request a change when a material change in circumstances occurs. Child support modifications are governed by Rule 32 of the Alabama Rules of Judicial Administration. Courts commonly consider a modification when a parent’s income changes by more than ten percent (10%). Other factors, such as extraordinary medical expenses, may also justify reconsideration.

Our child support lawyer typically requires a retainer to file a Petition to Modify Child Support. If both parents agree to the change, our family law attorneys can often prepare an Amended Settlement Agreement and modify the child support order by agreement.

Our family law attorneys in Montgomery, Huntsville, and Birmingham currently charge a flat fee for agreed post-divorce child support amendments. If the parties are not in agreement, a retainer will generally be required to proceed with contested litigation.

A retainer is an advance payment applied to attorney fees as work is performed. As the attorney works on your case, time is billed against the retainer at an hourly rate. If the retainer is exhausted and additional work is required, you may need to replenish it to continue representation.

Our Birmingham family law lawyers generally charge a retainer based on the anticipated scope of work. Retainers for contested Petitions to Modify Child Support can be significant, while original child support cases may require a smaller retainer. Cases filed outside counties where we maintain offices may also require higher retainers due to travel time.

Call today to schedule a phone consultation with a child support attorney and receive an estimate tailored to your specific circumstances and location.

A Petition to Modify Child Support is typically filed in the circuit court of the county where the custodial parent resides or where the original child support order was entered. Before filing, it is important to identify the specific change in circumstances supporting the request.

Supporting documentation is critical. This may include recent pay stubs, tax returns, proof of job loss, medical bills, or evidence of extraordinary expenses paid on behalf of the child. Proper documentation strengthens your position at the hearing.

Once prepared, you may file a Petition to Modify Child Support (Form PS-02) along with a financial affidavit (Form CS-41). While these forms are publicly available, court clerks cannot assist with completion. If you retain our firm, we will prepare and file all necessary documents on your behalf.

After filing, the court will schedule a hearing. At the hearing, the judge will determine whether a substantial and continuing material change in circumstances exists. Our Alabama child support attorney will guide you through each step of the process, attend hearings, and advocate for your requested modification.

We have offices in Huntsville, Montgomery, Prattville, Madison, Birmingham, and Chelsea. If you need a child support or divorce lawyer in Clanton or surrounding areas such as Gardendale, Calera, Jasper, Cullman, Tuscaloosa, Bessemer, Helena, Chelsea, Leeds, Moody, or Talladega, contact our Birmingham divorce lawyer today to discuss establishing or modifying child support.

Child support issues do not only arise when an existing order needs to be modified. In many cases, support has never been formally established, or an existing order is not being followed. Alabama law provides legal remedies for both situations, and taking action sooner rather than later can help protect a child’s financial stability.

When child support has never been ordered, a parent or legal guardian may file a Petition to Establish Child Support. This commonly occurs when parents were never married or when custody was decided without addressing support. The court will review each parent’s income, the child’s needs, and Alabama’s child support guidelines to determine an appropriate support obligation.

Enforcement becomes necessary when a parent fails to comply with an existing child support order. Missed or partial payments can quickly create financial strain for the custodial parent and the child. Courts have broad authority to enforce child support orders, including wage withholding, tax refund interception, license suspension, and contempt proceedings.

Our Alabama child support attorneys assist clients with establishing new child support orders, enforcing unpaid support, and responding to enforcement actions when circumstances make compliance difficult. Whether you are seeking to secure support for your child or defending against an enforcement action, having experienced legal representation can make a significant difference in how the court views your case.

1. How is child support calculated in Alabama?

Child support in Alabama is calculated using guidelines set forth in Rule 32 of the Alabama Rules of Judicial Administration. The court considers both parents’ incomes, health insurance costs, childcare expenses, and the number of children involved. While the guidelines provide a baseline, courts may deviate when special circumstances exist.

2. Can child support be enforced if payments are not being made?

Yes. Alabama courts have several enforcement options when child support is not paid, including wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and contempt of court proceedings. In some cases, unpaid support can also result in fines or jail time.

3. Does child support automatically end when a child turns 19?

In most cases, child support in Alabama ends when a child reaches the age of 19. However, there are exceptions, such as situations involving disabled adult children or court-approved post-minority educational support. It is important to review your specific court order before stopping payments.