Child Support
Client Story
If you do not live in the same household as your child’s other parent, you may be able to receive child support. Child support is a payment that a parent must make if they do not live in the same household as their child.
In the state of Alabama, a child has an essential right to receive support from their parents. The monthly amount due is based on the parents’ combined gross income per month. The amount is based on the reasonable needs of the child and relate to the noncustodial parent’s ability to pay for those needs.
Context
Child support can be ordered as part of a divorce, a custody case (between unmarried parents), or as a separate child support case. Child support cases are sometimes started by the Department of Human Resources (DHR), which is the state agency that oversees child support in Alabama.
This Plan provides information on how to apply for child support through DHR.
Requirements
To be as prepared for your meeting as possible, come ready with the necessary documents. Which documents you need may depend on your situation, but these generally include:
- A certified birth certificate for the child or children naming you as the parent
- Proof of residency in AL
- Your social security details
- Proof of your source(s) of income
- Any information available to you about the other parent’s income, job, and assets
- Any information that may be helpful about non-custodial parents. This includes their last known home, where they work, date of birth, social security number, etc
Include as much relevant information as possible when filing for child support. The more information you can provide, the more support your case has.
Steps
Step 1: Contact DHR for an appointment
Who Can Apply?
The parent who the child lives with is usually the one who approaches DHR.
If your child lives primarily with you, then you should contact your County Department of Human Resources (DHR) to schedule an appointment. In this meeting you will fill out paperwork. It will be a good time to ask questions or raise concerns about your situation, or about how the process of seeking child support will work.
Step 2: Gather documents for your meeting
When applying through the Alabama Department of Human Resources, there are initial application forms that are necessary to fill out and submit to them.
When you apply through the Alabama Department of Human Resources, you will need to fill out a few forms to receive their services.
There are three forms that you will almost always need to provide to DHR:
- The Application for Services form, where you will apply for DHR’s assistance.
- The Case Information Sheet, where you will provide information about yourself (the custodial parent), the child’s other parent (the non-custodial parent), and the case itself.
- An Affidavit of Income, where you will report your monthly income for the purposes of your child support case.
These forms are available on the Alabama Department of Human Resources website and via the links above.
Download these forms, print them, and bring them with you to your appointment.
If you have any questions, call the Alabama Department of Human Resources.
Possible fees:
There may be a $5-$25 fee when you file for child support, depending on your income. The fee must be paid in cash or by money order when you apply.
If you currently receive Medicaid, you will not have to pay the fee.
Step 3: How is child support calculated?
Guidelines for child support amounts can be found in the Alabama Rules of Judicial Administration, under Rule 32.
The chart linked below is used to determine the amount based on the combined adjusted gross income of each parent.
The amount increases based on the number of shared children.
CLICK HERE TO OPEN THE SCHEDULE OF BASIC CHILD SUPPORT OBLIGATIONS
Step 4: Next steps
Once you finish the application and initial meeting, the Alabama Department of Human Resources will assign an attorney to you to assist with the child support process. The Alabama DHR pairs with child support attorneys all over the state who may assist you.
It is important to remember is that this attorney works for the state of Alabama, and NOT personally for you. Their job is strictly to follow the legal steps necessary to establish or enforce obligations from the child’s other parent.
Their duties are strictly to your child support matter, and regardless of whether you receive Temporary Assistance for Needy Families (TANF), there will be no attorney-client relationship between you and the assigned attorney.
If you need help with custody, visitation, or other issues between yourself and your child’s other parent, then you will need to seek different legal aid.
It’s hard to say exactly how long it will take Alabama DHR to review your case, but there is a broad timeline.
DHR is expected to open your case and search for the child’s other parent within 20 days of receiving it. If the non-custodial parent is easy to reach then the process may be less time-consuming, but generally within 75 days (two and a half months) after the case is opened, DHR will manage to contact them.
If the non-custodial parent is readily available the process may be less time consuming, but in 75 days (after the first 20 days have passed) the DHR should have some sort of contact open with the non-custodial parent. When the non-custodial parent is located, the DHR has within 3 months to file a case in court. The case must be set for hearing before the 60 days elapsed. If paternity has not been established, an attempt will be made to do so during the hearing.
Most cases should close within one year of DHR alerting the non-custodial parent. If they fail to observe the child support order, then DHR is responsible for intervening and carrying out enforcement orders.
A legal process exists that allows DHR to seize property or wages from the child’s other parent by requesting the court enforce the order. DHR must typically remit payments to you within five days of receiving them.
If you are unsatisfied with the department’s ruling, you can request a court hearing.
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