IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

DOMESTIC RELATIONS DIVISION

[PETITIONER NAME],

Petitioner,

v.

[RESPONDENT NAME],

Respondent.

Case No.: [CASE NUMBER]
DR–[YYYY]–[#####]

PETITION TO MODIFY CHILD SUPPORT

Effective Date of Original Support Order: [DATE]
Effective Date of Requested Modification: [DATE OR “Upon Entry of Order”]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Operative Provisions
   4.1 Jurisdiction and Venue
   4.2 Existing Support Order
   4.3 Material Change in Circumstances
   4.4 Updated Income & Guideline Calculation
   4.5 Requested Relief
5. Representations & Warranties
6. Covenants & Restrictions
7. Default & Remedies (Enforcement)
8. Risk Allocation (Intentionally Limited)
9. Dispute Resolution
10. General Provisions
11. Prayer for Relief
12. Verification and Affidavit
13. Certificate of Service
14. Signature Blocks

1. DOCUMENT HEADER

This Petition to Modify Child Support (“Petition”) is submitted by [Petitioner Name] (“Petitioner”) against [Respondent Name] (“Respondent”) pursuant to Rule 32 of the Alabama Rules of Judicial Administration (“Rule 32”) and Ala. Code §§ 30-3-1 et seq., seeking adjustment of the child support obligations established in the Order dated [DATE OF ORIGINAL ORDER] (the “Existing Support Order”).

2. RECITALS

A. Petitioner and Respondent are the parents of the minor child(ren) listed in Section 3 below.
B. The Circuit Court of [COUNTY] County, Alabama entered the Existing Support Order on the Effective Date stated above.
C. Since entry of the Existing Support Order, circumstances have materially changed as defined by Rule 32(A)(3)(b) such that application of the current Alabama Child Support Guidelines would result in a variance of ten percent (10 %) or more from the existing obligation.
D. Petitioner now petitions this Court to modify the Existing Support Order accordingly.

3. DEFINITIONS

For purposes of this Petition, capitalized terms have the following meanings:

“Child” or “Children” means [FULL NAME(S), DOB(S)].
“Existing Support Order” means the child-support portion of the Final Judgment of [Divorce/Paternity] entered on [DATE].
“Guidelines” means the Alabama Child Support Guidelines codified in Rule 32.
“Gross Monthly Income” has the meaning assigned in Rule 32(B)(2).
“Proposed Modified Support” means the recalculated child-support amount set forth in Section 4.4.
“Health-Care Coverage” means medical, dental, and vision insurance for the Child(ren).
“Material Change” means any change that triggers the 10 % threshold under Rule 32(A)(3)(b).

4. OPERATIVE PROVISIONS

4.1 Jurisdiction and Venue

1. This Court retains continuing jurisdiction under Ala. Code § 30-3-5 to modify child support.
2. The Child(ren) reside(s) in [COUNTY] County, Alabama; venue is therefore proper.

4.2 Existing Support Order

The Existing Support Order requires Respondent/Petitioner ¹ to pay child support of $[AMOUNT] per [month/week] plus [other obligations, e.g., health-insurance premiums, unreimbursed medical expenses].
[¹ // GUIDANCE: Delete one of Petitioner/Respondent so that the payor in the original order is clearly identified.]

4.3 Material Change in Circumstances

Petitioner alleges the following Material Changes have occurred since entry of the Existing Support Order:

a. Substantial change in income:
• Petitioner’s current Gross Monthly Income: $[AMT] (was $[AMT]).
• Respondent’s current Gross Monthly Income: $[AMT] (was $[AMT]).

b. Change in Child-Care or Health-Care costs:
• Current work-related child-care expenses: $[AMT]/mo.
• Current health-insurance premium attributable to Child(ren): $[AMT]/mo.

c. Change in Child-custody schedule:
• Overnight visitation now [#/year] vs. [#/year] under prior order.

d. Other: [Specify additional changes, e.g., disability, job loss, new dependents].

4.4 Updated Income & Guideline Calculation

In accordance with Rule 32, the parties’ combined Adjusted Gross Monthly Income (“AGMI”) and the pro-rata percentage shares are:

Applying the Schedule of Basic Child-Support Obligations (Rule 32 Guidelines):

Basic obligation at $[Total AGMI] for [# Children] children: $[___]
Work-related child-care: + $[___]
Health-care premium (Child portion): + $[___]
Extraordinary medical/educational: + $[___]
Credit for other children: – $[___]
Adjustments for shared custody (if any): ± $[___]

Pro-rata division yields:
• Petitioner share: $[___]
• Respondent share: $[___]

Accordingly, the Proposed Modified Support payable by [designated payor] is $[___] per month, representing a variance of [___] % from the obligation in the Existing Support Order.

4.5 Requested Relief

Petitioner respectfully requests that the Court:

1. Vacate and supersede the Existing Support Order to the extent of child-support provisions.
2. Enter a Modified Child Support Order obligating [designated payor] to pay $[___] per month, commencing [DATE], via the Alabama Central Payment Center pursuant to wage withholding.
3. Order immediate Income Withholding in conformity with 42 U.S.C. § 666(b) and Ala. R. Jud. Admin. 32(D).
4. Allocate the parties’ responsibility for health-care coverage and unreimbursed medical expenses as follows:
   a. [Payor] to maintain insurance and pay [ %] of unreimbursed costs;
   b. [Other Party] to pay [ %] of unreimbursed costs.
5. Require annual exchange of income information (W-2s, 1099s, and tax returns) on or before April 30 to monitor continuing compliance.
6. Grant such other and further relief as equity and justice may require.

5. REPRESENTATIONS & WARRANTIES

1. Petitioner verifies under oath that the facts set forth herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
2. Petitioner has disclosed all material financial information pertinent to this modification.
3. No prior petition seeking identical relief is currently pending between the parties.

6. COVENANTS & RESTRICTIONS

1. Both parties shall furnish updated employment and income information within fourteen (14) days of any material change.
2. Neither party shall impede the timely issuance or implementation of any income-withholding order entered pursuant to this Petition.

7. DEFAULT & REMEDIES (ENFORCEMENT)

1. Failure of the obligor to pay child support as ordered shall constitute a contempt of court subject to civil and criminal penalties.
2. In addition to statutory interest and contempt sanctions, the Court may order:
   a. Interception of tax refunds, lottery winnings, or other lump-sum payments;
   b. Suspension of driver’s and professional licenses;
   c. Reporting to credit bureaus;
   d. Award of attorney fees and costs incurred in enforcement actions.
3. Any arrearage shall accrue at the statutory interest rate until satisfied.

8. RISK ALLOCATION

Indemnification: Intentionally Omitted – Not Applicable to Child-Support Proceedings.
Limitation of Liability: Parties’ financial obligations are strictly limited to the percentages and amounts determined under Rule 32 and this Court’s Order.

9. DISPUTE RESOLUTION

1. Governing Law: The laws of the State of Alabama, including Rule 32 and applicable sections of Title 30 of the Alabama Code, govern all issues herein.
2. Forum Selection: Exclusive jurisdiction and venue lie with the Circuit Court of [COUNTY] County, Alabama, Domestic Relations Division.
3. Arbitration: By statute and public policy, child-support matters are not subject to private arbitration.
4. Jury Waiver: Matters of child support are equitable and triable to the Court without a jury.
5. Injunctive Relief: The Court retains authority to issue and enforce income-withholding orders and other equitable remedies.

10. GENERAL PROVISIONS

1. Amendments and Waivers: Any amendment to a support order must be in writing and approved by the Court; informal agreements are unenforceable.
2. Severability: If any provision of the modified order is held invalid, the remaining provisions shall remain in full force and effect.
3. Integration: The modified order shall supersede all prior inconsistent provisions regarding child support.
4. Electronic Signatures: Signatures and notarizations transmitted electronically shall be deemed originals to the fullest extent permitted by Ala. Code § 8-1A-7.

11. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that this Honorable Court grant the relief requested in Section 4.5 and for such other, further, and different relief as the Court may deem just.

12. VERIFICATION AND AFFIDAVIT

I, [Petitioner Name], being duly sworn, depose and state as follows:

1. I am the Petitioner in the above-styled action.
2. I have read the foregoing Petition and verify that the allegations are true and correct to the best of my knowledge, information, and belief.

______________________________
[PETITIONER NAME]
Date: ________________________

STATE OF ALABAMA )
COUNTY OF [COUNTY] )

Subscribed and sworn to before me on this ____ day of __________, 20____.

______________________________
Notary Public
My commission expires: ___________

13. CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing Petition to Modify Child Support upon [Respondent Name] at [SERVICE ADDRESS] by [hand delivery / U.S. mail, first-class postage prepaid / certified mail, return receipt requested / e-service via AlaFile], on this ____ day of __________, 20____.

______________________________
[ATTORNEY NAME],
Attorney for Petitioner
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

14. SIGNATURE BLOCKS

Respectfully submitted,

__________________________________
[ATTORNEY NAME] (ASB-[###]-[###])
Counsel for Petitioner

[FIRM NAME]
[STREET ADDRESS]
[CITY], Alabama [ZIP]
Tel: [PHONE] | Email: [EMAIL]