If you want to modify your Shelby County child support, you can file a Petition to Modify Child Support in the Circuit Court. According to the Shelby County Circuit Court, Shelby County child support payments are not collected through the Clerk’s office unless the judge specifically orders the Circuit Clerk to collect the payments. Generally, the Circuit Court holds child support court two Thursdays each month. The Thursdays for child support hearings can vary. Once you file a child support petition with the court, it takes an average of two weeks to process the case and assign a hearing date. The custodial parent must also be served as well, so they know it has been filed. If you call our child support attorneys in Shelby County we can help.
If you are considering asking the court to modify your child support payments, the court will expect you or the other parent has had a change in circumstances. Generally, in order to modify child support in Shelby County the court will want to see that at least one parent’s income has changed at least 10%. Other large expenses like medical bills paid by the paying parent will also be taken into consideration. You should provide all relevant documentation to substantiate your change in circumstances, e.g., pay stubs, receipts, and tax forms. To modify or set child support in Shelby County you must file something with the local court. You should typically file the petition in the county where the custodial parent lives, or in the county where the original child support decision was made.
Child support usually ends when the child reaches the age of majority. In Alabama, nineteen is the age of majority. Parents typically will be on the hook for child support until the child reaches nineteen in most circumstances, so it is important to have compelling reasons to ask for modification and evidence to back up your change in circumstances. It is more likely that you would be able to get the child support amount modified than to get it terminated. Like most things with the law, it depends on the circumstances. Child support modifications are governed by Rule 32 of the Alabama Rules of Judicial Administration. Call our Shelby County child support lawyers today for more information.
As stated above, it is easier to get your child support obligations modified than to get them terminated. The only two straightforward scenarios where the court will discontinue child support obligations is when the child turns nineteen or if the child dies. Other circumstances that could lead to the court terminating child support obligations are if the paying parent obtains physical custody of the child, if the paying parent loses or forfeits their parental rights, or if the paying parent requests the child be emancipated. Emancipation is not a common occurrence, and would likely only be granted in specific situations, like if the child were eighteen and joined the military.
Parents may decide in their divorce agreements about how they will cover a child’s education tuition. However, in 2003 the Alabama Supreme Court’s decision in Christopher v. Christopher set precedent that parents are not legally responsible for college tuition of a child after that child turns nineteen as part of child support payments. Because there can be so many nuances to modifying child support in Shelby County, we advise seeking out an experienced Shelby County child support attorney before petitioning the court to modify your child support obligations. At the Harris Firm, our modification lawyers work on a retainer basis on child support cases in Shelby County. Our Shelby County child support lawyers usually require a retainer of $2500 or more to get your case filed.
When you retain us to handle your child support modification, our Shelby County child support lawyer will go over the process with you and answer any questions you have about the steps involved and what to expect. We are familiar with Shelby County’s unique court requirements and will file your paperwork for you according to their standards. Our Shelby County child support attorneys will attend hearings with you to be your advocate to the court, telling your side of the story with a knowledge of the law and its requirements.