On June 1, 2018 the Alabama State Bar officially implemented and enforced a new amendment to Rule 32 which documents how child support is calculated.
"The change effects those that are receiving third party payments which also include direct payments to the minor child on their behalf. For instance, if you have been deemed eligible to receive social security disability payments, in some instances your minor child will also receive a payment directly to them as a result of your disability status," said NXTSTEP Family Law attorney, Coby Boswell.
Rule 32 now takes into account this payment received by your minor child as a result of your disability and subtracts the amount received by your child from this third party from your monthly Child Support obligation, however, in the event that the amount from the third party exceeds the Child Support obligation, that amount is not refundable to you or considered by the Court as prepayments.
If you have previously gone through a divorce or child custody case in which child support was ordered, this amendment does not automatically recalculate child support payment obligations. Parents will have to consult with their attorney to see if they need to recalculate their payments.
It is important to point out that before this amendment, many attorneys and judges took into account these payments when calculating child support, as it was consistent with the case law in Alabama– it just wasn't set out specifically in Rule 32, A.R.J.A.
If you are currently in the process of a divorce or child custody action or if you are contemplating divorce or a child custody action in the future, this method will be used to calculate your child support.
To learn more about this amendment, reach out to the Alabama State Bar or your family law attorney.
Copyright 2018 WAFF. All rights reserved.