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The Harris Firm LLC prepares the Rule 32 child support calculation and all three guideline forms in every uncontested divorce with minor children, from four offices filing in every Alabama county. Phone consultations for uncontested divorce are free; in-person consultations are $100.
In short: Alabama child support is set by Rule 32 of the Alabama Rules of Judicial Administration, an income-shares formula that takes both parents’ gross monthly incomes, the number of children, health insurance premiums, and work-related child care and produces a presumptive monthly amount. In an uncontested divorce, that number goes into the agreement and the judge checks it against the forms.
What the forms are: The CS-41 is each parent’s sworn income affidavit. The CS-42 is the guideline worksheet that produces the support figure. The CS-43 tells the court whether the agreed amount matches the guideline or deviates from it. All three are filed with the divorce and all three are included in the $890 flat fee.
The Alabama framework: Rule 32 applies to every child support order in the state, agreed or litigated. Support runs until the child turns 19, Alabama’s age of majority under Alabama Code § 26-1-1, unless the child marries or becomes self-supporting sooner. Parents can agree to a different amount, but the court must approve the deviation with written findings.
The biggest mistake: Agreeing to zero child support to keep the peace. Judges look hardest at that deviation, and in most counties they will not sign it without a real reason on the record. The child, not the parents, holds the right to support, which is why the court will not simply rubber-stamp a waiver.
The Children Section and Where to Go Next
How Rule 32 Calculates Child Support
Alabama uses an income-shares model. The idea is simple: the children should receive the same share of parental income they would have received if the household had stayed together. The guidelines combine both parents’ gross monthly incomes, look up the basic support obligation for that combined income and number of children on the Rule 32 schedule, then add the children’s health insurance premium and any work-related child care. Each parent is responsible for that total in proportion to their share of the combined income.
So a parent earning 60 percent of the combined income owes 60 percent of the total obligation. The parent the children primarily live with is presumed to spend their share directly; the other parent pays theirs as monthly support. That is the entire mechanism, and the child support calculator on this site runs it so you can see a realistic figure before the consultation.
Gross income means income before taxes from essentially every source: wages, overtime, commissions, self-employment, rental income, and so on. It does not include means-tested public assistance or child support received for other children. Where a parent is voluntarily unemployed or underemployed, the court can impute income based on earning capacity, but in an agreed case that issue rarely arises because both parents are stating their actual figures under oath.
The CS-41, CS-42, and CS-43 Forms Explained
CS-41, Child Support Obligation Income Statement/Affidavit. Each parent completes one, stating gross monthly income and the cost of the children’s health insurance and child care, and signs it under oath. This is the sworn foundation for the calculation, and misstating income on it is a serious matter.
CS-42, Child Support Guidelines Worksheet. The calculation itself. Both incomes go in, the schedule amount comes out, insurance and child care are added, and each parent’s share is computed. We prepare this from the two CS-41s.
CS-43, Child Support Guidelines Notice of Compliance. A short form telling the court whether the agreed support figure follows the guideline or deviates from it, and if it deviates, why. This is where an agreed-upon different number is explained to the judge.
All three forms are drafted by us and filed with the divorce. They are included in the $890 flat fee; nothing about them costs extra.
The Talladega County Courthouse. The judge reviews the CS-42 worksheet against the agreed amount before signing any decree involving minor children.
Can Parents Agree to a Different Amount?
Yes, within limits. Rule 32 makes the guideline amount presumptively correct, not mandatory. Parents can agree to a higher or lower figure, but the CS-43 must disclose the deviation and the judge must find that applying the guideline would be unjust or inappropriate and put that finding in writing. Common reasons a judge accepts: the paying parent has the children for far more time than a standard schedule, extraordinary medical or educational costs, or a genuine agreement that shifts other financial burdens to the paying parent.
What judges do not accept easily is a deviation to zero. Child support belongs to the child, not to either parent, and a parent cannot bargain it away for a better property split. Some counties will not sign a zero-support decree at all without a specific, documented reason. If your agreement includes little or no support, tell us at the consultation and we will tell you honestly whether your judge is likely to approve it.
Health insurance
The parent who covers the children on a plan gets credit for the premium in the calculation. The agreement should say who carries coverage and how uncovered medical, dental, and orthodontic costs are split.
Work-related child care
Daycare and after-school care needed so a parent can work are added to the obligation and shared proportionally. Summer camp and enrichment generally are not.
Tax exemptions
Rule 32 does not decide who claims the children on taxes. The agreement should, and alternating years is the most common arrangement.
Extracurriculars and college
Neither is part of the guideline amount. If you want sports fees or college costs shared, the agreement has to say so, because Alabama courts will not order post-minority college support unless the parents agreed to it.
How Support Is Paid and Enforced After the Decree
Child support in Alabama is normally paid through an income withholding order served on the paying parent’s employer, with payments routed through the state’s central collection system. Even in an agreed divorce, the order is entered; it protects both parents by creating a clean payment record. Parents can request direct payment instead, and some judges allow it, but the withholding order is the default and we explain the choice at signing.
Support runs until each child turns 19, or earlier if the child marries or becomes self-supporting. With more than one child, the amount is recalculated as each child ages out rather than dropping automatically. If either parent’s income changes substantially later, the amount can be modified through the court, and child support modification covers how. The uncontested divorce sets the starting number; it does not lock it forever.
How Child Support Gets Into Your Uncontested Divorce
Six steps, from the first income figures to the withholding order.
Free Phone Consultation
We confirm the case qualifies at the $890 tier, ask for both parents’ rough incomes and the insurance and child care figures, and give you a preliminary guideline number on the call.
Income Affidavits
Each parent completes a CS-41 stating gross monthly income, health insurance cost, and work-related child care, signed under oath.
The Worksheet
We prepare the CS-42, run the Rule 32 calculation, and show both of you the resulting monthly figure and how it was reached.
Agreement and CS-43
The support term goes into the Marital Settlement Agreement. If you agreed to the guideline figure, the CS-43 says so. If you agreed to deviate, it states the reason for the judge.
Filing and Review
All forms are filed with the divorce. During the 30-day waiting period the judge reviews the worksheet against the agreement and either signs or asks a question, which we answer.
Decree and Withholding Order
The decree sets the amount and the start date. An income withholding order is entered in the usual case so payments run through the state system with a record for both parents.
Child Support in an Uncontested Divorce FAQs
1.How is child support calculated in an Alabama uncontested divorce?
Under Rule 32, the same way it is calculated in any Alabama case: both parents’ gross monthly incomes are combined, the basic obligation for that income and number of children is taken from the Rule 32 schedule, health insurance and work-related child care are added, and each parent pays their proportional share. In an uncontested divorce that figure goes into the agreement and the judge checks it against the CS-42 worksheet.
2.What are the CS-41, CS-42, and CS-43 forms?
The CS-41 is each parent’s sworn income affidavit. The CS-42 is the guideline worksheet that produces the support amount. The CS-43 tells the court whether the agreed amount follows the guideline or deviates from it. All three are filed with the divorce, and all three are included in our $890 flat fee.
3.Can we agree to no child support in an uncontested divorce?
You can propose it, but the judge must approve any deviation from the guideline with written findings, and a deviation to zero is the one courts scrutinize most. Child support belongs to the child, so a parent cannot waive it in exchange for something else. Many judges will not sign a zero-support decree without a specific, documented reason.
4.Does child support cost extra in an uncontested divorce?
No. The Rule 32 calculation and the CS-41, CS-42, and CS-43 forms are the reason the flat fee with minor children is $890 instead of $690. There is no separate charge for the child support work.
5.How long does child support last in Alabama?
Until the child turns 19, which is Alabama’s age of majority, unless the child marries or becomes self-supporting sooner. With more than one child, the amount is recalculated as each child reaches 19 rather than ending all at once.
6.Can the child support amount be changed later?
Yes. Either parent can ask the court to modify support when there has been a material change in circumstances, most often a substantial change in either parent’s income. The uncontested divorce sets the initial amount; it is not permanent if life changes.
Four Offices, Every Alabama County
Get Your Guideline Number on the First Call
Bring both parents’ rough incomes and the insurance and child care figures to the free phone consultation and we will give you a realistic Rule 32 number before you decide anything.
The Flat Fee Covers
✓ Rule 32 calculation and the CS-41, CS-42, and CS-43 forms
✓ Parenting plan with custody, visitation, and holiday schedule
✓ All other drafting, filing, and the 30-day waiting period
✓ Certified copy of the Final Decree
$690 plus filing fee without minor children · $890 plus filing fee with minor children
Call the Office Nearest You
Birmingham: (205) 201-1789
Chelsea: (205) 677-5490
Huntsville: (256) 665-9473
Montgomery: (334) 782-9938
Working on the parenting terms too? See custody and visitation agreements.
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