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Former spouse appeals to court to modify child support

A recent court ruling outside the state of Alabama denied a man's request to lower his child support obligation, as well as mandated that he pay his former wife's attorney fees. According to reports, it is not the first time the defendant has requested that the court modify child support in his case. He has set forth an appeal in the recent court decisions.

An appellate panel has concluded that a court order, mandating the former husband to pay $1,500 in legal fees -- for the woman to whom he was previously married -- and denying his request to lower child support payments, has been erroneously issued. According to reports, the court denied the man's formal requests due to the fact that they were repetitive. The court further stated that it had already denied similar requests from the defendant in the recent past.

Apparently, the children involved in the dispute have grown older since the couple's divorce, and their mother, now the plaintiff, has remarried and taken up residence in a new home. Though a new spouse's income can not be taken into account as a determining factor in child support payments of a former spouse, the defendant in this case believes that the court should reconsider the former wife's ability and potential for new employment due to her changed circumstances. The appeal further asserts that, because of the amount of time that has passed since the divorce, the court is obligated to review the circumstances with regard to the imputed and actual incomes of those involved.

Alabama law contains specific rules pertaining to financial responsibility of divorced parents. Any person seeking to modify child support payments in his or her case may wish to consult with a legal professional, as the regulations can sometimes be complicated. A typical child support order takes into account an estimated cost both parents would likely spend on appropriate care of children. The non-custodial parent is the one who is obliged to make child support payments and would most likely benefit from legal advice when attempting to request a change in the arrangement.

Source: njlawjournal.com, "Family law/child and custody support/attorney fees", April 16, 2015

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