Child Support in Alabama

Key Takeaways

Start Early: Don’t wait to establish a child support order. The sooner you file, the sooner payments can begin.
Use the System: Alabama’s Child Support Enforcement Division provides powerful tools and is often more effective than going it alone.
Document Everything: Keep detailed records of all payments, communications, and changes in circumstances.
Stay Informed: Child support laws and enforcement tools continue to evolve. Stay connected with your caseworker or attorney.
Plan for Modifications: Life changes. Be prepared to modify your order when circumstances warrant it.
Know Your Rights: Child support is your child’s right, not a favor. Don’t let anyone make you feel otherwise.
Consider the Full Picture: Child support is just one piece of financial stability. Explore all available assistance programs and resources.

Bottom Line Up Front: Alabama uses an “income shares” model that considers both parents’ earnings to calculate child support. The average support order ranges from $300-600 monthly for one child, but varies significantly based on income. Nearly half (49.6%) of single mothers in Alabama live in poverty, making child support a critical financial lifeline for families across the state.

Understanding Child Support Basics

Child support represents your child’s legal right to financial support from both parents, regardless of whether you were ever married or lived together. In Alabama, child support payments usually end when the child turns 19 or graduates high school, whichever happens later – not the other way around as some sources incorrectly state.

Who Qualifies: Any custodial parent caring for a child under 19 can seek support from the non-custodial parent. This includes divorced mothers, never-married mothers, and mothers in unmarried relationships that have ended.

How Alabama Calculates Child Support

The Income Shares Model

Alabama child support guidelines use an income shares model to calculate child support payments. This system aims to have children get the same financial support they would have in a two-parent household.

Here’s how it works in four steps:

Step 1: Calculate Both Parents’ Income

Add up each parent’s monthly gross income from all sources
Subtract allowed deductions (child support for other children, alimony payments)
This gives you each parent’s “adjusted gross income” (AGI)

Step 2: Find the Basic Support Amount

Combine both parents’ AGI
Alabama’s guidelines use a schedule of basic child support obligations that lists a dollar amount based on the parents’ combined AGI and the number of children being supported

Step 3: Add Extra Costs

Work-related childcare expenses (up to state limits)
Health insurance premiums for the children
Extraordinary medical or educational expenses

Step 4: Split the Obligation

Each parent pays a percentage based on their share of total income
The custodial parent’s share is assumed to be spent directly on the child

Real-World Example

For example, lets assume that Lebron and Serena are getting a divorce. They have one child together. Lebron and Serena have agreed that Serena will retain custody of their child, while Lebron will have visitation and will be required to pay child support. Both Lebron and Serena each gross $2000 per month in income. Child care expenses are $50 per month.

With combined income of $4,000 monthly:

Basic support obligation: $546
Plus childcare: $50
Total obligation: $596
The father’s presumptive child support obligation is thus 50% x $596.00, or $298 per month

Income Guidelines and Limits

Note that if both parties’ combined income is below $800 or above $20,000 per month, you are off of the Alabama guidelines and support will be determined by a variety of factors either by a Judge or by agreement of the parties.

The guidelines’ support amount can push a parent’s income below the self-support reserve (poverty level). The courts can lower a parent’s payment to a minimum of $75 monthly.

How to Apply for Child Support

Through Alabama’s Child Support Enforcement Program

The easiest route is through the Alabama Department of Human Resources Child Support Enforcement Division. The Child Support Enforcement (CSE or IV-D) Program is a joint Federal & State effort to help families establish paternity (when necessary), obtain orders for payment of child support, and secure compliance with child support court orders.

Application Process:

Contact your local DHR office or apply online
Provide information about yourself, your child, and the other parent
Pay a small application fee (waived for TANF recipients)
DHR will locate the non-custodial parent if needed
Establish paternity if necessary
Obtain a court order for support

Required Information:

Social Security numbers for all parties
Birth certificates for children
Employment information for both parents
Financial documentation (pay stubs, tax returns)
Any existing court orders

Filing Independently

You can also file directly with the family court in your county. This requires:

Completing child support worksheets (Form CS-42)
Filing income statements and affidavits
Attending court hearings
Legal representation (strongly recommended)

Payment Methods and Processing

All child support payments in Alabama flow through the centralized system:

Alabama Central Disbursement Division P. O. Box 4960, Montgomery, Alabama 36103-4960

Payment Options for Non-Custodial Parents:

Automatic wage withholding (most common)
ExpertPay online payments
MoneyGram payments
Direct employer deductions

For Payment Information:

Child Support Voice Response System – 1-800-284-4347
Online Payment Inquiry System (requires MyAlabama account)

Enforcement When Parents Don’t Pay

In Alabama, unpaid child support totals over $4 billion, affecting more than 210,000 children across the state. When payments stop, Alabama has powerful enforcement tools:

Automatic Enforcement Actions

Income Withholding: A court or administrative order directing the non-custodial parent’s employer to deduct child support from his/her wages. This is one of the quickest and most effective enforcement remedies.

Credit Bureau Reporting: If the Non-custodial parent’s arrears are greater than $1000, this information is automatically submitted to credit reporting agencies.

Tax Refund Intercepts: If a parent owes back support (at least $150 if his or her child receives TANF or $500 if the child does not receive TANF), the state can report the parent to the Internal Revenue Service and the State Department of Revenue. Support is then deducted from the parent’s federal or state tax refund and paid to the family (or to the state). A $10 certification fee will be deducted from any money collected by the intercept.

Additional Enforcement Tools

License Suspension: Non paying non-custodial parents could possibly have their driver’s, professional, sporting and/or recreational licenses suspended, revoked or withheld
Bank Account Levies: Freezing and seizing funds from financial accounts
Property Liens: Legal claims against real estate, vehicles, and other assets
Passport Denial: If the non-custodial parent’s arrears are greater than $2500, a case may be eligible for passport denial

Interest on Unpaid Support

For support orders issued on or after September 1, 2011, the interest rate in Alabama is 7.5% per year. If the order was issued before then, the interest rate is 12%.

Criminal Penalties

Parents in Alabama who intentionally refuse to pay child support can be charged with criminal nonsupport. A 1992 law makes it a federal crime to cross state lines in order to avoid paying child support.

Modifying Child Support Orders

Life circumstances change, and so can child support orders. You can request a modification when:

Either parent’s income changes significantly (typically 10% or more)
Child’s needs change (medical issues, educational expenses)
Custody arrangements change
Child support orders in Alabama are typically reviewed every three years, or sooner if there has been a significant change

Modification Process:

File a petition with the court that issued the original order
Serve papers on the other parent
Complete new financial worksheets
Attend a court hearing
Receive the modified order

Important: Support modifications are not automatic. You must formally request them through the court system, and they typically only apply from the date you file forward – not retroactively.

Special Circumstances

Shared and Split Custody

Alabama’s guidelines also include special calculations for two types of alternative custody arrangements: shared 50% physical custody, meaning that each parent has custody of the child or children approximately half of the time, and split custody, meaning that each parent is the custodial parent for at least one of the parents’ children.

Self-Employed Parents

When parents are self-employed or have irregular income, courts may:

Average income over multiple years
Sometimes people try to reduce their income in order to reduce their child support payments. In these situations, courts will ordinarily make their child support decisions based on the amount the parent could earn, not the amount the parent is actually earning
Require quarterly or annual income reviews

Out-of-State Parents

When parents live in different states, Alabama’s interstate enforcement program ensures support orders remain effective: Participation in the Uniform Interstate Family Support Act (UIFSA); Coordination with other states’ enforcement agencies.

Key Statistics for Alabama Families

Understanding the broader picture helps put your situation in context:

Poverty and Single Motherhood

49.6 percent of single mothers in Alabama live in poverty—the third highest rate in the country
Half of all births in Alabama are paid for by Medicaid, which means these infants are born into poverty
48.3 percent of all children born in Alabama are born to unmarried mothers

Child Support Collection Nationwide

In 2017, the aggregate expected amount of child support for receipt was $30 billion. 62% of that amount was actually received, averaging $3,431 per custodial parent
5.4 million custodial parents are expected to receive child support in 2017. 1.2 million of these parents (22.2%) had family incomes below the poverty threshold

Income Disparities

Among the estimated 7.3 million single mothers in the United States, 76 percent are working full time — higher than the rate for married moms — but earn a median annual income of $40,000
For single dads, the median income was 43 percent higher ($57,000) and for married moms it was 50 percent higher ($60,000)

Real-World Examples

Success Story: Sarah from Birmingham

Sarah, a single mother of two, was struggling to collect $450 monthly in court-ordered support. After enrolling with DHR’s Child Support Enforcement Division, wage withholding was established within 30 days. She now receives consistent payments and was able to move to better housing for her children.

Challenge: Maria’s Situation

Maria faced a father who kept switching jobs to avoid wage garnishment. DHR used multiple enforcement tools – including license suspension and bank account levies – to collect over $8,000 in back support. The case took 18 months but resulted in regular payments.

Modification Example: Jennifer’s Case

When Jennifer lost her job during the pandemic, her ex-husband filed to reduce support from $380 to $200 monthly. The court reviewed both parents’ financial situations and temporarily reduced the order to $280, with automatic review scheduled for six months later.

Additional Resources for Single Mothers

Financial Assistance Programs

Medicaid and CHIP: ALL Kids covers children under the age of 18 in families with income up to 317% of the federal poverty level. For a family of three, that’s about $81,849.

Child Care Assistance: Alabama Child Care Assistance Program (CCAP) is the state subsidy program targeted at low-income Alabama families who need help paying for child care. It provides assistance with payment for child care on a sliding fee basis for families whose income does not exceed 180% of the federal poverty level.

WIC Program: Alabama’s Women, Infants, and Children’s (WIC) Program is open to participants whose incomes are at 185% of the poverty level. For example, a family of three could make up to $3,981 per month and still qualify.

Legal Resources

Alabama Legal Aid – Free legal services for low-income families
Local bar association referral services
Law school clinics in your area
Alabama Courts Self-Help Resources

Frequently Asked Questions

Q: How long does it take to get a child support order in Alabama?

A: If both parents agree and paternity is established, orders can be entered within 30-60 days. Contested cases typically take 3-6 months, longer if the other parent is difficult to locate or disputes paternity.

Q: Can I get back support for the time before I filed?

A: Yes, courts can order retroactive support, but it’s not automatic. Generally, support can be ordered back to the date you filed your petition, and sometimes earlier if you can show good cause for the delay.

Q: What if the father isn’t on the birth certificate?

A: You’ll need to establish paternity first. This can be done through voluntary acknowledgment or court-ordered DNA testing. DHR’s Child Support Enforcement Division can help with this process at no cost to you.

Q: Can child support be taken from unemployment benefits?

A: Yes, Alabama can intercept unemployment compensation, workers’ compensation, and many other types of income to collect child support.

Q: What if my ex moves to another state?

A: Alabama participates in interstate enforcement programs. Your existing order remains valid, and Alabama can work with the other state to enforce collection through wage garnishment and other tools.

Q: Can I refuse to let him see the kids if he doesn’t pay support?

A: No. Child support and visitation are separate legal issues. Denying visitation because of unpaid support can result in you being held in contempt of court.

Q: Do I have to pay taxes on child support I receive?

A: No, child support is not taxable income to you, and the paying parent cannot deduct it from their taxes.

Q: What happens when my child turns 19?

A: In Alabama, child support is terminated at 19 years old unless the child is emancipated before that age. However, if your child is still in high school at 19, support typically continues until graduation.

Q: Can child support cover college expenses?

A: Alabama’s basic child support guidelines end at 19, but extraordinary circumstances include: Expenses of college education incurred prior to a child reaching the age of majority. Some agreements or court orders may include college support provisions.

Q: What if he claims he can’t afford the ordered amount?

A: The paying parent must formally petition the court for a modification and prove their financial circumstances have changed significantly. Simply claiming inability to pay doesn’t automatically reduce the obligation.

Q: Can I get help if I can’t afford an attorney?

A: Yes. Alabama Legal Aid provides free legal services to qualified low-income individuals. You can also use DHR’s Child Support Enforcement Division, which provides services for a small fee regardless of income level.

Q: What if he gets remarried or has other children?

A: A new spouse’s income generally doesn’t affect child support calculations. If he has additional children (through birth or adoption), this could potentially be grounds for a modification, but existing support obligations typically take priority.

This guide provides general information about Alabama child support law. Every situation is unique, and laws can change. For specific legal advice about your case, consult with a qualified family law attorney or contact the Alabama Department of Human Resources Child Support Enforcement Division.

Emergency Resources:

Alabama Department of Human Resources: (334) 242-1310
Child Support Hotline: 1-800-284-4347
Alabama Legal Aid: 1-866-456-4995
National Domestic Violence Hotline: 1-800-799-7233

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