How to Calculate Child Support
Understanding Rule 32 of the Alabama Rules of Judicial Procedure
Many people believe that the amount of child support that will be paid in a divorce or custody case can be negotiated between the parties or litigated in court. In most situations, this is not the case. Alabama, like most states, provides a very specific method for determining the amount of child support that must be paid by a noncustodial parent. The formula is set forth in Rule 32 of the Alabama Rules of Judicial Procedure, known as the “Rule 32 Guidelines.”
The courts utilize Alabama Court Form CS-42, which is a worksheet for calculating support. This chart simplifies the process of calculating child support in a divorce, custody, or child support case. Anyone trying to calculate child support in Alabama should download this form and follow it step by step.
After completing preliminary information, Form CS 42 requests the monthly gross income of the plaintiff and of the defendant in Line 1. It is not based on net income or take-home pay, but on the gross income (before taxes and deductions) of the parties. Although some people receive the same income every month, many people on a weekly pay cycle have monthly fluctuations in income. In that situation, the courts take the weekly income and multiply it by 52 (the number of weeks in a year), and then divide it by 12 (the number of months in a year) to determine an average monthly income.
While taxes, retirement, and other payroll deductions are not deductible in determining income for child support purposes, Line 1a of Form CS-42 allows a deduction for preexisting child support obligations, and Line 1b allows a deduction for preexisting alimony payments.
After determining the adjusted gross income of each party, those sums are added in Line 2 to produce the combined adjusted gross income. Line 3 then requires a calculation of the percentage share of income of each party, which is determined by taking the combined adjusted gross income and dividing it by that party's adjusted gross income.
Line 4 calculates the basic child support obligation. The combined adjusted gross income from Line 2 is applied to the Appendix to Rule 32, which contains a schedule of the basic child support obligations. The layout of the schedule is similar to the federal tax tables. The row with the income range that matches the combined adjusted gross income of the parties is matched to the column with the number of children involved. This gives the combined basic support obligation.
Line 5 asks for the amount being spent in work-related child care costs. This means child care costs that are incurred to enable the custodial parent to work, not babysitting fees incurred for partying or recreation. Line 6 asks for the amount being paid for health insurance. These two sums are added together with the basic child support obligation from Line 4, and on Line 7 the number produced is the total child support obligation owed by both parties to their child.
To determine the noncustodial parent's child support obligation, the total from Line 7 is multiplied by each parent's percentage of the combined gross income, and that number is entered on Line 8. After determining this amount, an adjustment is made on Line 9 for providing health insurance for the child. If the noncustodial parent is paying for the health insurance, then the cost of insurance is subtracted from the monthly support obligation. If the custodial parent is paying for the health insurance, the cost of insurance is added to the monthly support obligation. This yields the total monthly child support obligation to be paid by the noncustodial parent on Line 10.
By consulting Form CS-42 and the Appendix to Rule 32 and by using some basic math skills, anyone can calculate how much child support will be owed in a divorce or custody case.
