Legal Question in Family Law in Alabama

Child Support Modification

My ex-husband and I have been seperated for over ten years. Several years passed during this time without any child support payments from him. Several attempts to collect were made, court orders have set payments at $50.00 per week for support plus additional $25.00 per week toward arrears. His arrears (including amounts to the state) are approximately $19,000.00. This weekly support amount was set about 2 yrs ago. I've been told that a modification can be made either every 3 yrs or in the case of a 40% increase in income. He has maintained a job for over a year now (from which I have reaceived garnished payments) where he is making at least 60-70% more than the 2 yrs ago. When I contact the Dept of Human Resources to request a modification, I am told that I will have to wait until time for a review next year. Could someone please verify the laws regarding when a modification can be done? Thank YOU

Asked on 11/13/00, 10:30 pm

1 Answer from Attorneys

Walter Blocker Walter l. Blocker, III P.C.

Re: Child Support Modification

generally a petition to modify may be filed at any time there is determined to be a material change in circumstances. higher wages would qualify, however, the alabama rules have set some limits on the child support difference as calculated before modification and after. you need to consult an attorney to assist you in determining whether the increase is sufficient to warrant a petition to modify. please feel free to call me at your convenience to discuss this matter at 205-879-9595

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Answered on 11/20/00, 5:35 pm

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