Support in Alabama

How Alabama Calculates Child Support

Alabama uses an income shares model established under Rule 32 of the Alabama Rules of Judicial Administration (ARJA). The model is premised on the principle that children should receive the same proportion of parental income they would have received in an intact household.

The calculation begins with each parent’s gross monthly income, which includes all income from any source: wages, salaries, commissions, bonuses, overtime, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment compensation, disability payments, rental income, dividends, interest, and other recurring income. Courts may impute income to a parent who is voluntarily unemployed or underemployed without just cause.

From each parent’s gross income, certain deductions are applied — including preexisting child support obligations and the cost of health insurance premiums for the child. The parents’ adjusted gross incomes are combined, and the Rule 32 schedule identifies the basic child support obligation based on the combined income and the number of children.

Each parent’s share is proportional to their percentage of the combined gross income. Work-related child care costs and extraordinary medical expenses are added to the basic obligation and apportioned in the same ratio.

For a general overview of income shares models, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Deviations from the Guideline Amount

The Rule 32 guidelines create a rebuttable presumption that the calculated amount is correct. However, the court may deviate from the guidelines if application would be manifestly unjust or inequitable. Grounds for deviation include:

• Shared physical custody arrangements where both parents have significant time with the child
• Extraordinary costs of transportation for visitation
• Extraordinary medical, psychological, or educational expenses
• The child’s independent income or assets
• A parent’s income that exceeds the highest level on the guideline schedule
• Seasonal variations in a parent’s income

Any deviation must be accompanied by a written finding or specific on-the-record statement explaining why the guidelines amount is unjust.

Modifying or Terminating Child Support

Either parent may petition for modification by showing a material change of circumstances that is substantial and continuing. Alabama also allows modification when the existing order differs from the current guidelines amount by more than 10%.

Child support in Alabama continues until the child turns 19, which is the age of majority in Alabama — one of a handful of states where the age of majority is not 18. Support also terminates upon the child’s marriage, emancipation, or entry into military service. Alabama does not generally require parents to contribute to post-secondary education, though the court has discretion to order support for a child who is enrolled in college in certain circumstances.

Enforcement of Child Support Orders

Alabama’s Department of Human Resources (DHR) and the courts have broad enforcement authority:

• Income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s licenses and professional licenses
• Liens on real and personal property
• Reporting arrearages to credit bureaus
• Contempt of court proceedings, which can result in fines or incarceration

Arrearages accrue interest and cannot be retroactively reduced. Any modification takes effect from the date the petition is filed.

Alimony in Alabama

Alabama recognizes several types of alimony, though the state’s approach is governed primarily by case law rather than a comprehensive alimony statute. The court has broad discretion to fashion alimony awards based on the facts of each case. The primary types include:

• Periodic alimony. Ongoing regular payments, typically monthly, that continue until the death of either party, the remarriage of the recipient, or the recipient’s cohabitation with a member of the opposite sex. This is the most common form of long-term alimony in Alabama and is modifiable.
• Alimony in gross (lump-sum alimony). A fixed, total amount paid either in a single payment or in installments. Once ordered, alimony in gross is not modifiable and is not affected by the recipient’s remarriage or the death of either party. It vests as a property right when ordered.
• Rehabilitative alimony. Awarded for a specific period to support a spouse while they obtain education, training, or work experience needed to become self-supporting. Courts favor rehabilitative alimony when the recipient has the capacity to achieve self-sufficiency.

Alabama courts have expressed a general preference for rehabilitative alimony when feasible, consistent with the goal of promoting self-sufficiency. However, periodic alimony remains available when the receiving spouse’s age, health, or length of absence from the workforce makes self-support unlikely.

Factors in Alimony Determinations

Alabama’s alimony factors derive primarily from case law rather than a detailed statutory list. Courts consider:

• The earning ability of each party
• The future prospects of each party
• The age, health, and station in life of each party
• The length of the marriage
• The standard of living during the marriage
• The property owned by each party and the value of property awarded in the divorce
• The conduct of the parties, including marital fault
• The contributions of each party to the marriage, including homemaking and child-rearing

Marital fault plays a significant role in Alabama alimony determinations. A spouse whose misconduct caused the breakdown of the marriage may receive less favorable treatment, and in some cases, fault can bar an alimony award entirely. Conversely, a spouse who was the victim of the other’s misconduct may receive a more generous award.

Modification and Termination of Alimony

Periodic alimony may be modified upon a showing of a material change of circumstances. Periodic alimony terminates upon the death of either party, the remarriage of the recipient, or the recipient’s cohabitation with a romantic partner.

Alimony in gross (lump sum) is not modifiable and does not terminate upon remarriage or death. Once ordered, it is treated as a vested property right.

Rehabilitative alimony may be modified if circumstances change during the rehabilitation period, such as unexpected barriers to completing education or training.

When to Seek Legal Guidance

Alabama’s case-law-driven alimony framework gives judges significant discretion, and the role of marital fault adds an additional layer of complexity. If you are evaluating child support under Rule 32 or considering an alimony claim, consider scheduling a free consultation with an experienced family law professional.

Statutes referenced: Rule 32, Alabama Rules of Judicial Administration (ARJA) (child support). Alimony governed primarily by Alabama case law.