When an Alabama couple shares a child and there is an order that one parent pay child support to the other parent, there is a chance that one parent or the other will dispute the amount that is ordered. There are a number of reasons for this. It is important for both parties to understand that there is a possibility for there to be a modification to the order for child support. Having a grasp on how this can come about is a key when there are family legal issues at stake.
Once the support order has been made, it can be modified. There are certain circumstances that must be in place for this to occur. If the financial situation of one or both parents has changed, then there can be a modification. It can be changed if the amount that was ordered is no longer sufficient to provide for the child. And if there is not a provision for medical support or the circumstances of either parent has changed in a substantial way, then the order can be altered.
In general, if the amount that was ordered is 10 percent higher or lower than the guidelines that the court used when making the previous order, there can be a request on the part of the child support agency to change it. Orders are reviewed once every three years unless there is the aforementioned significant change in circumstances. The parents have the right to request there be a review of the support order to determine if it should be changed. If it is decided that there should be a change, the state will prepare the documents and take the case to court. As a result, the amount that the court had ordered can be made higher or lower.
When there is a desire to have a review of a child support order, it needs to be made in writing and given to the child support worker. The reason or reasons why the change is requested has to be included. The state will have six months to review the request and provide it to the court. When either parent would like a child support modification, it is a specific area of family law that requires expert advice. Having help from a legal professional who is well-versed in the law regarding child support is essential when seeking a modification.
Source: dhr.alabama.gov, "Child Support: A Guide to Services in Alabama -- Modification, page 6," accessed on Nov. 22, 2016