Equitably Calculate the Support and Custody of Minor Children | Divorces involving minor children present a special challenge. The approach you use when determining custody matters can affect your relationship with your children and the way they cope with your divorce. An experienced child custody attorney is important to ensure that child support and custody issues are set fairly and accurately both in initial divorce proceedings and post-divorce modifications.
There are two types of custody that will be addressed in your divorce proceeding:
- Legal custody is the right of both parents to make decisions about their children’s medical care, education, and any other important decision in a child’s life.
- Physical custody addresses where the child will reside for the majority of the time. Physical custody can be sole, meaning the child lives primarily with one parent subject to the non-custodial parent’s visitation or parenting time, or shared/joint, meaning the child spends a significant period of time with each parent.
Child support in Alabama is calculated using a formula known as the Alabama Child Support Guidelines which takes into account both parents’ incomes as well as obligations for child care and health care coverage for the child. Once child support is set by the Court, it is modifiable if either parent experiences a material change in circumstances creates the need to recalculate and modify the support order. To modify child support, the party seeking the modification must file a petition with the Court asking for a modification. The Court will then set the case for trial and the parties will either negotiate a settlement or have a trial.
To discuss the specifics of your custody case, contact us at 205-469-7913 to schedule a consultation.