Multiple Child Support Orders in Alabama
So-called “traditional families” have certainly evolved into something much more complicated. As a result, the concept of child support has evolved as well. Parents with multiple children or multiple families are often subject to multiple child support orders. As a result, a certain innovation in calculating child support obligations is necessary.
There are cases where a father may have three children, all with different mothers. The youngest child lives with the father and his current wife, while the other two children live with their respective mothers. The concern that courts have in determining child support obligations in this situation is that the father may end up paying an inflated amount of support for those children not living with father. On the other hand, there is also a concern that children from multiple families should not be prejudiced by other child support awards for children of another family.
One method of calculating multiple child support
When calculating child support for multiple families, courts will typically calculate two separate child support obligations for each custodial parent and then average the two together. In other words, one obligation is calculated without including any prior child support order, while the second obligation is calculated with consideration of the prior support orders. Finally, the two resulting child support obligations are averaged together and this average becomes the child support award for that custodial parent.
What about the self-support reserve?
The self-support reserve is an amount of money that the obligated parent will need to support himself or herself, before paying child support. This reserve ensures that both parties have sufficient income to maintain a “basic level of subsistence living” after child support is awarded. This amount represents a percentage of the federal poverty line for one person. If the child support obligation reduces the parent’s self-support reserve below the federal poverty guideline, the child support award will likely be adjusted. The steps for determining the self-support reserves are generally as follows:
- determine the federal poverty guideline for the current year
- combine the obligor’s support orders
- calculate the net income of the non-custodial parent
- subtract the poverty guideline amount from the obligor’s net income
Once these calculations have been made, the court will determine whether the custodial parent’s income is above or below the self-support reserve. If you have questions regarding child support, or any other divorce issues, contact attorney Brad J. Latta online, or by calling (205) 739-2422.