Family Law issues are extremely stressful for clients. My goal is to eliminate as much of that stress as possible. By allowing me to handle your family law matter, you will get an attorney interested in your needs and expectations.
Because each family law matter is unique, every client is treated to an individualized legal strategy designed to meet the specific facts of their case. If you are looking for an attorney you can trust, depend on, and "talk" to, call (251) 441-9188 or email mjp@mjparkslaw.com.
CHILD SUPPORT
Child support is usually paid by the non-custodial parent to the custodial parent in contribution to the cost of raising the children. The right of children to receive child support is so basic that the obligation by parents to provide support cannot be permanently removed by agreement, release, or judgment. In Alabama, child support must be paid until the child reaches the age of 19.
The amount of child support to be paid is determined according to the Child Support Guidelines in A.R.J.A. Rule 32. The version of the Guidelines used in Alabama is commonly referred to as an "income share model." Essentially, this model rests on the assumption that both parents should continue to share the financial obligations of raising the child even after a divorce and is designed to allow the child's needs to be met in accord with the pre-divorce standard of living. On occasion, deviation from the Guidelines is permitted. Among the most common reasons for deviation are: shared physical custody; visitation rights in excess of those customarily granted; extraordinary transportation costs; college education expenses for a minor child; and the financial resources of the child. Your attorney will calculate the amount of child support prior to filing the divorce complaint. In the meantime, you can estimate child support payments using this online calculator.
Income for child support purposes means either the actual gross income earned or the actual gross income the unemployed or underemployed has the ability to earn. Gross income includes money from any source (except child support received for other children and certain means-tested public assistance benefits such as A.F.D.C., S.S.I., and food stamps). Examples of income include: salary; wages; commissions; bonuses; dividends; severance pay; pensions; capital gains; social security; worker's compensation; unemployment compensation; prizes; pre-existing alimony; rents; self-employment income; etc., etc., etc.
CHILD CUSTODY
Divorce is difficult for everyone involved, but especially so for the children of the marriage. It is best to be reasonable and put your own emotions aside for the sake of your children. If at all possible, custody disputes should be handled outside the courtroom. In the unfortunate circumstance that a settlement cannot be reached, the court will consider the following factors in awarding custody:
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The sex and age of the children;
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The characteristics and needs of each child, including their emotional, social, moral, material, and educational needs;
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The respective home environments offered by each party;
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The characteristics of those seeking custody, including age, character, stability, mental and physical health;
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The capacity and interest of each parent to provide for the emotional, social, moral, material, and educational needs of the children;
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The interpersonal relatonship between the children;
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The interpersonal relationship between each child and each parent;
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The effect on the child of disrupting or continuing an existing custodial status;
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Preference of the child, if the child is of sufficient age and maturity;
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The report and recommendation of any expert witness or other independent investigator;
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The available alternatives; and
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Any other relevant matter which may be present.
It is important to remember that of the elements relevant to custody considerations, there are almost none which, by themselves, are determinative of the issue. Rather, absent some compelling events such as child abuse or molestation, custody determinations result from the cumulative analysis of all relevant issues impacting the child's best interest and welfare.
PROPERTY DISTRIBUTION
Alabama is an “equitable distribution” state rather than a “community property” state. This means that property is divided depending on several subjective factors rather than each party receiving a 50-50 split of property. The equitable distribution method is more flexible than other methods but makes it harder to determine who will receive what since the various factors are weighed subjectively. The following is a list of factors generally considered by the court to help determine property distribution:
- Earning Power of the Parties - one spouse may make significantly more money than the other and, thus, will be in a better position post divorce to re-accumulate property.
- Work to Acquire the Property - one spouse may have contributed significantly more work in acquiring the property and, thus, should be given a greater share of said property.
- Value of Homemaker - one spouse may have contributed significantly more as a homemaker, which allowed the other spouse to contribute more monetarily. The homemaker should be given credit for such.
- Economic Fault - if a spouse is found to have “wasted” or “dissipated” marital property in an effort to ensure the other spouse does not receive anything, the faulty spouse may have to reimburse (so to speak) the non-faulty spouse.
- Duration of Marriage - the longer the marriage, the more likely each party is to receive a more equal (50/50) split of the property.
- Age and Health - the court will consider each parties ability to earn a living and acquire property AFTER the divorce.
- Children - consideration is given to the party who will be responsible for providing for the children of the marriage. For example, the custodial parent may be granted the marital house to provide stability for the children.
- Abuse or Infidility - a spouse who has committed abuse or adultery may be “punished” for such acts by receiving less of the marital estate.
The list above provides examples of some factors considered by the court when distributing property in Alabama. Generally, the court looks at the financial state each party will be in after the divorce when determining how to divide property. Although the equitable distribution method makes it harder to determine who will receive what, the parties are free to negotiate prior to a judge hearing the case. If the parties can’t decide on the division of all property, the court can distribute the remaining items later.
