Alabama Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult

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Multi-State
Control #:
US-01896BG
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Word; 
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Description

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Effective June 1, 2023 Rule 32(C) was amended to add paragraph (7), which provides for the shared 50% physical-custody adjustment ("SPCA"). Before this amendment, Rule 32 contained no provision for calculating child support in cases involving shared 50% physical custody.

Common Reasons for Modification of Custody A parent believes the child is neglected in the other parent's custody. The child's needs and/or preferences have changed. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent's home.

If the interest is owed to the state (DHR), a DHR representative will have to agree to the rebate. Can the entire amount of interest be rebated? Yes, all the interest owed can be rebated if the party that is owed the interest agrees. The party can agree to rebate the entire amount of interest or a lesser amount.

Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.

What are the Valid Reasons to Modify a Child Support Order in Alabama? Both parties agree to change the child support terms. One party presents evidence to the court that the original guidelines are unjust or inequitable. Shared physical custody or visitation rights have increased for the payor of child support.

How do I ask the court for a new support order? You must fill out and file these forms: Request to Change Child Support (Form PS-02) Child Support Obligation Income Statement/Affidavit (Form CS-41)

The terms of a divorce order are binding, but they aren't set in stone. Modification of these terms is possible. The court order for a change is known as a ?modification? in AL. In effect, you can pursue a modification at any time following the last order.

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Alabama Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult