Tom McCutcheon – Attorney at Law
Q: My husband currently pays child support to two different women. He pays the first one $50.00 a week by agreement and now the second one wants $600.00 a month. The second one is taking my husband back to review his child support. Is it possible that the Judge will order him to pay that much child support? How do they determine the amount of child support in a case like this?
Penny
Florence, AL
A: Alabama adopted child support guidelines based on national studies in 1989. These child support guidelines are very nearly mandatory. The judge determines how much child support is owed based on a worksheet known as a “CS 42”.
The worksheet is part of the Alabama Rules of Judicial Administration. The child support guidelines are found at Rule 32 of the Alabama Rules of Judicial Administration. The worksheet is part of Rule 32.
The child support form 42 is one of three filled out in every case involving child support in Alabama. The first form, CS 41, is an affidavit of gross income based on pay stubs or income tax records. It also contains as a statement of whether or not health insurance that benefits the child is provided by that parent and how much that health insurance costs.
The judge combines the income of the husband and wife then goes to a chart to determine how much child support is owed. The chart changes depending on how much money is earned and how many children the parties have. Once that number is determined the judge then does the math to find out how much of the total income the parties contribute to the total. In other words, if a husband and wife earn together $40,000.00 a year and the husband earns $20,000.00 and the wife earns $20,000.00 each party’s share of the total is 50%. If the guideline amount of child support were $1,000.00 a month the husband or the wife, would pay the other $500.00 a month depending on who gets the child.
There are many different mathematical scenarios and each has its own mathematical solution. The child support guidelines must be followed unless the parties agree differently and in those cases there must be some reason to agree differently. Remember that child support is paid in after tax dollars. In this particular situation, the father would be entitled to deduct from his gross income the actual amount of child support he pays to wife number one. He cannot deduct the amount he pays wife number two from wife number one. If you would like to look at this form, “Google” CS 42.
The third form (CS 43) that has to be filled out is a certification that the child support guidelines were followed or the reason they were not followed.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-349-2529
