Dothan, AL asked in Family Law for Alabama

Q: My son's mother quit a very good nursing job to take a lower paying job in a doctor's office. The change didn't give her

more time with my son or have any career benefit. She now says she is going to quit that job and work in a bank where she will make even less money. She wants to go back to court to get more child support because her income is so much lower now. At the last order we made about the same amount of money. I have my son about 45% of the time. Will the judge consider that she quit a good job when we go back to court and that I have him so much (164 nights each year)? Thanks for the help.

Related Topics:
1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Birmingham, AL
  • Licensed in Alabama

A: You have to understand there are no hard and fast rules but instead "positions" you can take. If you are going to find yourself back in court you are going to need legal representation. Child support is set according to Rule 32 of the Alabama Rules of Judicial Administration. If you just read the rule and nothing else you would assume that child support is set based soled on the current gross income of each parent, the cost of daycare and the cost of covering the child for health insurance. If it were that simple people could probably perform all the calculations themselves, but, like many thing legal, what a rule or statute says cannot be determined solely by the wording of the rule or statute. Everything is a matter of interpretation. Child support is actually based on a parents earning ability so yes you can argue that the mother is under employed of her own violation. Based on the time you have the children in your custody (if you can prove you incur costs during your time) you can also seek a variance. Both of these facts create issues for a judge to decide.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.