How to File for Modification of Child Support in Alabama
Child support payments can affect families for years. Alabama courts award child support according to state-established support guidelines. After entering such orders, courts can generally modify them when specific circumstances are present. To modify an Alabama child support order, you'll have to take proper action.
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Instructions
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Contact your attorney. Alabama modifications of child support can only be granted for a "material change in circumstances." This legal standard can be difficult to understand and apply, especially for non attorneys. Contact your attorney and discuss your situation to see if you meet the legal requirements. If you don't have an attorney, consider at least meeting with one before filing any modification.
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Get a sample petition. Your petition is the document you file with the court asking for a change in support payments. Though each petition will contain different information, you can use state provided forms to get a good idea of what to include. Go to eforms.alacourt.gov. Click on "Child Support" in the left hand column. Download the "Petition for Support," and use it as the basis for your petition. If you can't download the form, contact a county courthouse clerk and ask if they have any petition templates available.
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Draft your petition. Once you know what a petition looks like, you can draft your own. Your petition for modification will look different, however. In it you must include the information about the case, your name, your spouse's name, the court in which the petition is filed, the amount of modification you're requesting and the legal and factual basis for the modification.
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Contact the court clerk. Once your petition is prepared, you'll need to make sure you have everything required by the court. Contact the court clerk in the courthouse where the child support order was originally granted. Filing requirements differ by county, so be sure to contact the clerk before filing anything.
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File the petition and pay the filing fee. Once your documents are ready to go, you'll need to file them and pay a filing fee. This too can differ depending on the court where you file it, so contact the clerk beforehand to have the correct amount ready when you file.
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Tips & Warnings
Alabama child support modifications can only be granted under specific circumstances.
References
- Photo Credit playing children image by Marzanna Syncerz from Fotolia.com
