top of page

Modifying Child Support & Custody Orders

Understanding Modifications in Alabama Family Law

 

Recommended Resource

Download:

Winning Custody: How to Build a Strong Case as a Mom

Co-Parenting Guide: Reduce Stress and Protect Your Kids

Co-Parenting Checklist: How to Create a Parenting Plan That Works

​

​​Life circumstances change, and sometimes existing child support or custody orders no longer reflect what is best for the children involved. In Alabama, modifying a child support or custody order requires legal action and sufficient justification. If you are a parent seeking to modify your existing order, Hoover Divorce & Family Law Attorney Michael Capleone can guide you through the process to protect your rights and your child’s best interests.

 

When Can You Modify a Child Support or Custody Order?

In Alabama, a child support or custody modification may be granted if there has been a substantial change in circumstances since the last order. Common reasons for seeking modification include:

  • Change in Income – If the paying parent’s income significantly increases or decreases, it may justify an adjustment in child support payments.

  • Relocation of a Parent – If one parent is moving a considerable distance away, the custody arrangement may need to be revised.

  • Change in the Child’s Needs – As children grow, their financial or educational needs may change, necessitating a support modification.

  • Parental Misconduct or Endangerment – If a parent is engaging in behavior that endangers the child’s well-being, a custody modification may be necessary.

  • Failure to Abide by the Existing Order – If one parent consistently disregards the custody schedule or fails to pay child support, the court may intervene.

 

The Legal Process for Modification in Alabama

 

1. Filing a Petition

The first step in modifying a child support or custody order is filing a petition with the Alabama family court. The petition should outline the requested changes and the reasons for the modification.

 

2. Providing Evidence

Supporting documentation is crucial in modification cases. This may include financial records, school reports, medical expenses, or evidence of a parent’s inability to provide a stable environment.

 

3. Court Hearing

If the other parent contests the modification, the case may proceed to a hearing. The judge will review the evidence and determine whether the requested change is in the child's best interest.

 

4. Issuance of a New Order

If the court approves the modification, a new order will be issued, replacing the existing one. Both parents must comply with the revised terms.

 

How Attorney Michael Capleone Can Help?

 

Attorney Michael Capleone, a seasoned Hoover, Alabama divorce and family law attorney, has over 22 years of experience assisting parents with child support and custody modifications. He provides personalized legal guidance, ensuring that all necessary documentation is prepared and that your case is presented effectively before the court.

If you need to modify a child support or custody order in Alabama, don’t navigate the legal system alone. Contact Attorney Michael Capleone today for a consultation and take the first step toward securing a fair and just outcome for you and your child.

Frequently Asked Questions About Modifying Child Support & Custody in Alabama

Q: Can I modify child support in Alabama if my income has changed?

A: Yes. If you experience a substantial change in income—such as job loss, reduced hours, or a new job—you can request a modification of child support. Alabama courts will review your current financial situation and adjust payments if appropriate.

 

Q: How often can you request a custody modification in Alabama?

A: Custody modifications aren’t based on a timeline—they’re based on a material change in circumstances. This could include relocation, changes in the child’s needs, or concerns about the child’s safety or wellbeing.

 

Q: Do I need to prove a major change to modify custody?

A: Yes. Alabama courts require you to show that a substantial and material change has occurred since the last custody order and that the requested change is in the child’s best interests.

 

Q: What if the other parent doesn’t agree to the modification?

A: If the other parent disputes the modification, the court will hold a hearing where both sides present evidence. You’ll need to demonstrate why the change is necessary and how it benefits your child.

 

Q: Can a child’s preference affect a custody modification in Alabama?

A: Yes, but it's not the only factor. The court may consider the child's preference—especially if they are older and mature—but will ultimately decide based on what serves the child’s best interests.

 

Q: How long does it take to modify child support or custody?

A: The timeline varies by county and complexity, but modifications typically take a few months. If both parties agree, the process is quicker. If contested, it can take longer due to court hearings and discovery.

 

Q: Can I stop paying child support if I lose my job?

A: No. You must continue paying the ordered amount until a court modifies the order. File for a modification immediately if your income changes—nonpayment can lead to serious legal consequences.

​

*Other Resources:

Divorce & Family Law Resources

When The Stakes Are High

Child Support Modifications

 

Still have questions about modifying child support or custody in Alabama?

 

Call Hoover Divorce and Family Law Attorney Michael Capleone today to get experienced legal guidance and protect your parental rights.

bottom of page