Child Support Modification

ALABAMA CHILD-SUPPORT MODIFICATION PREPARATION PACKET

PURPOSE

Use this packet to collect facts and prepare the current official Alabama Form CS-10, Modification Petition for Support, together with the Rule 32 forms and any local filings required in the case.

Do not file this packet as a substitute for Form CS-10 or another court-required form.

1. CASE AND ORDER IDENTIFICATION

1.1 Existing Case

1.2 Child(ren) Covered by Existing Order

1.3 Existing Support Terms

Attach a complete copy of the existing order and any later order affecting support.

2. VENUE AND PROCEDURAL SCREEN

2.1 Venue Under Ala. Code § 30-3-5

For a proceeding seeking modification, interpretation, or enforcement of an existing final decree concerning child support, § 30-3-5 provides two potential venues:

1. the original circuit court that rendered the final decree; or
2. the circuit court of the county where the current custodial parent and child have both resided for at least three consecutive years immediately before filing.

The current custodial parent chooses between those statutory venues, regardless of which party files.

Complete with Alabama counsel:

☐ File in the original circuit court that entered the final decree.

☐ Evaluate transfer or filing in the three-year residence venue.

Current custodial parent: [________________________________]

County where custodial parent and child reside: [________________________________]

Date their continuous joint residence in that county began: [__/__/____]

Selected venue and reason: [________________________________]

2.2 Other Filing Gates

☐ Confirm the existing case number and party designations exactly as shown on the current order.

☐ Confirm whether Form CS-10 is the correct petition in this private or Title IV-D matter.

☐ Confirm filing fee or hardship-waiver requirements.

☐ Confirm summons, service, e-filing, hearing-request, and local standing-order requirements.

☐ Confirm whether a related custody, parentage, protection, bankruptcy, interstate-support, or enforcement matter is pending.

3. RULE 32 MODIFICATION STANDARD

3.1 Required Showing

Rule 32(A)(3)(b) requires the party seeking modification to plead and prove a material change in circumstances that is substantial and continuing since the last child-support order.

Describe the change, when it began, why it is substantial, and why it is continuing:

[________________________________]

[________________________________]

3.2 More-Than-10% Presumption

Under Rule 32(A)(3)(c), there is a rebuttable presumption that support should be modified when the difference between the existing order and the current guideline amount is more than 10%.

The presumption does not apply when the difference results from a prior rebuttal or deviation from the guidelines and the circumstances supporting that rebuttal have not changed.

☐ Difference is more than 10%.

☐ Difference is 10% or less, but a substantial and continuing material change is alleged.

☐ Existing order was a guideline deviation; identify the stated reason and whether it changed: [________________________________]

Rule 32(A)(3)(e) allows a court to modify support without a 10% variation when the required material change is proved and allows a court to deny modification despite a 10% variation if guideline application would be manifestly unjust or inequitable.

3.3 Guideline Changes Alone

Rule 32(A)(3)(d) states that the existence of the guidelines or periodic guideline changes, standing alone, does not prove a substantial and continuing material change.

3.4 Effective-Date Limitation

Under Rule 32(A)(3)(a), a judgment concerning child support may be modified only as to installments accruing after the petition for modification is filed.

Planned filing date: [__/__/____]

Do not promise an earlier effective date in this preparation packet.

3.5 Health-Care Needs

Rule 32(A)(3)(f) provides that the need to address a child's health-care needs through health-care coverage or another means is an adequate basis for modification even when a change to the periodic dollar amount is unnecessary.

Current health-care issue requiring modification: [________________________________]

4. CHANGED-CIRCUMSTANCE INVENTORY

Check every potentially relevant change and attach supporting records.

☐ Parent A's income materially changed.

☐ Parent B's income materially changed.

☐ Employment ended, began, or materially changed.

☐ Self-employment, business, rental, royalty, bonus, commission, benefit, or other income changed.

☐ Work-related childcare costs changed.

☐ Health-care coverage cost, availability, accessibility, or cash medical support changed.

☐ Uninsured or unreimbursed health-care needs changed.

☐ The number of children legally supported under other orders changed.

☐ The court-ordered physical-custody arrangement changed.

☐ A shared 50% physical-custody adjustment is currently ordered and actual exercise of time may require Rule 32(C)(7)(c) review.

☐ A child emancipated, reached majority, died, was adopted, or otherwise changed legal status; counsel must determine the correct procedure and effect.

☐ Other substantial and continuing change: [________________________________]

Supporting Timeline

5. FINANCIAL DOCUMENT COLLECTION

Collect current, complete information for each parent as required by counsel and the court.

Parent A

☐ Recent pay statements

☐ Most recent federal and state tax returns with schedules

☐ W-2, 1099, K-1, and benefit statements

☐ Self-employment profit-and-loss statement and supporting records

☐ Evidence of health-care-coverage cost attributable to the child(ren)

☐ Evidence of work-related childcare cost

☐ Existing support orders and proof of payments for other children

Parent B

☐ Recent pay statements

☐ Most recent federal and state tax returns with schedules

☐ W-2, 1099, K-1, and benefit statements

☐ Self-employment profit-and-loss statement and supporting records

☐ Evidence of health-care-coverage cost attributable to the child(ren)

☐ Evidence of work-related childcare cost

☐ Existing support orders and proof of payments for other children

Additional records requested by counsel or local order: [________________________________]

6. REQUIRED AND RELATED OFFICIAL FORMS

The Alabama Administrative Office of Courts currently lists the following child-support forms. Obtain the current versions from the official Child Support Forms page immediately before filing.

Rule 32(E) requires Form CS-41, Form CS-42 or CS-42-S, and Form CS-43 in each action to establish or modify child support. These forms become part of the record and are incorporated by reference into the child-support order.

6.1 CS-42 or CS-42-S Gate

Use CS-42-S, rather than CS-42, only when the court has ordered each parent to have physical custody 50% or approximately 50% of the time. See Rule 32(C)(7)(a)-(b).

☐ Existing or proposed court order provides shared 50% physical custody; evaluate CS-42-S.

☐ No court-ordered shared 50% physical custody; use CS-42 unless counsel identifies another rule.

Do not apply the shared adjustment based only on an informal schedule that has not been adopted by court order.

7. FORM CS-10 PREPARATION WORKSHEET

Use the answers below to complete the current official Form CS-10. Conform all names, court information, dates, and party designations to the existing case record.

7.1 Existing Order Allegation

Date of order: [__/__/____]

Court and county: [________________________________]

Parent ordered to pay: [________________________________]

Amount and frequency: $[________________________________] per [________________________________]

Child(ren): [________________________________]

7.2 Material Change Allegation

State concise facts showing increased needs and/or a substantial and continuing material change since the existing order:

[________________________________]

[________________________________]

7.3 Requested Relief for Counsel Review

☐ Set the petition for hearing.

☐ Modify periodic child support according to the current Rule 32 calculation.

☐ Address any properly pleaded arrearage and interest using the current official form and applicable law.

☐ Enter or modify an appropriate income-withholding order.

☐ Direct payments through the payment route required by the court or Title IV-D program.

☐ Address accessible, available, reasonably priced health-care coverage and/or cash medical support.

☐ Allocate uninsured or unreimbursed health-care expenses.

☐ Other relief supported by current law and the record: [________________________________]

Do not request automatic annual disclosures, license suspension, credit reporting, tax interception, attorney fees, contempt sanctions, or other enforcement relief in this modification filing unless Alabama counsel identifies the legal and procedural basis and the facts support that relief.

8. STIPULATION AND DEVIATION SCREEN

Rule 32(A)(2) requires the court to review a child-support stipulation before approval and to use the guidelines when reviewing adequacy. The court also reviews financial disclosures.

☐ Parties agree to the guideline amount.

☐ Parties propose a deviation from the guideline amount.

Guideline amount: $[________________________________]

Proposed amount: $[________________________________]

Reason for proposed deviation: [________________________________]

Why the proposed amount serves the child(ren)'s needs: [________________________________]

Complete Form CS-43 and any required findings. A private agreement does not modify the existing order until the court approves and enters a new order.

9. PRE-FILING QUALITY CHECK

☐ Used the current official CS-10, not this preparation packet, as the petition.

☐ Verified every name, date, case number, order amount, and party designation against the court record.

☐ Attached or filed CS-41 for each parent as required.

☐ Completed the correct CS-42 or CS-42-S calculation.

☐ Completed CS-43 and stated any deviation accurately.

☐ Addressed health-care coverage, cash medical support, and childcare under the current Rule 32 framework.

☐ Pleaded facts supporting a substantial and continuing material change.

☐ Applied the more than 10% presumption correctly and reviewed the prior-deviation exception.

☐ Did not seek modification of installments that accrued before filing.

☐ Confirmed venue under Ala. Code § 30-3-5.

☐ Confirmed service, filing fee, hearing, Title IV-D, confidentiality, and local requirements.

☐ Removed sensitive identifiers from public filings and used required confidential-information forms.

SOURCES AND REFERENCES

• Rule 32, Alabama Rules of Judicial Administration — current child-support guidelines, modification standard, shared-custody adjustment, and required forms
• Alabama Child Support Forms — current official forms index
• Form CS-10, Modification Petition for Support — official petition, Rev. 7/2019
• Ala. Code § 30-3-5 — venue for modification of an existing final decree