King Green & Dobson partner Brad Green will be speaking on Child Custody and Support at the 4th Annual Family Law Conference for Alabama Practitioners. The conference will be in Birmingham on December 8.
Part of Brad’s presentation will include:
Increased awarding of joint physical custody
Considerations for special needs children
Grounds for child support deviations
Tips for drafting agreements
Brad splits his time between the Firm’s Birmingham and Blount County offices.
Brad is AV rated, which is the highest rating available from Martindale-Hubbell for attorneys’ legal skill and ethics. He focuses his practice on domestic relations, civil litigation, and probate litigation. Brad has been listed as one of the “Top Attorneys” in Birmingham Magazine’s and B-Metro’s annual profile of the Birmingham legal community. In 2016 and 2017, he was named a “Rising Star” by Super Lawyers®. Brad has appeared in the majority of Alabama’s judicial circuits, and is a regular speaker at various continuing legal education seminars. He regularly handles complex civil matters at all stages through trial and appeal.
King Green & Dobson, Partner, Brad Green has been named by Alabama State Bar President Augusta Dowd to serve on the State Bar’s “Diversity of the Profession Committee” for 2017-2018. Brad said he was honored to be selected and looks forward to helping the State Bar continue to expand opportunities for all attorneys and law students in our State. Brad also stated that he is proud of our Bar’s promise to “advance the principles of racial, ethic, gender, age and geographic diversity in the profession.”
King Green & Dobson Attorneys Attend State Bar Annual Meeting
King Green & Dobson attorneys and founding partners, Brad Green and Brett King, attended the 2017 Alabama State Bar Annual Meeting this past week at the Grand Hotel in Point Clear, Alabama. Brad and Brett were joined at the Annual Meeting by several of their classmates from the University of Alabama Law School Class of 2006. Pictured are some of those attorneys who attended the UA Law School Alumni Reception during the Annual Meeting. Additionally Brett King was recently been elected as a Bar Commissioner representing the 41st Judicial Circuit (Blount County) and took part in meetings of the Commissioners while at the Annual Meeting.
Attorney David B. Dobson joins King & Green, LLC
King & Green, LLC, is pleased to announce the David B. Dobson has joined the Firm as an associate attorney.
David is from Oneonta, Alabama, and is a graduate of Birmingham School of Law (J.D. 2016). While in law school, he served as President of the trial team and was a member of the Judge Hugh Locke Honor Society. David obtained his bachelors degree the University of Alabama where he studied Business and earned a specialization in Professional Sales (B.A. 2013).
David’s practice is focused on Personal Injury, Criminal Law, Civil Litigation, Real Estate, Probate matters, Business & Commercial litigation. David and his wife, Mary Claire, are members of Redeemer Community Church.
Brad Green Named Rising Star–2016 Super Lawyers
Attorney Brad Green of King & Green, LLC, has been named a “Rising Star” by Super Lawyers in its “2016 Annual List of Top Attorneys.” Brad is a graduate of the University of Alabama School of Law and Birmingham-Southern College. He practices in the areas of Domestic Relations/Family Law, Civil Litigation, and Probate Law. Super Lawyers recognizes no more than five percent of attorneys in each state. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. Rising Stars recognizes no more than 2.5 percent of the top up-and-coming attorneys in the state who are 40 years old and younger or who have practiced for 10 years or less.
HOW IS CHILD SUPPORT CALCULATED IN ALABAMA? (Updated)
Child support awards are governed by Rule 32 of the Alabama Rules of Judicial Administration, which was promulgated by the Supreme Court of Alabama. Rule 32 provides the method and standards for calculating child support and employs several forms to be used by the Court and both parties to calculate child support.
Both parties in a child support case must complete a Statement of Income Affidavit (known as Form CS-41). This form requires parties to list all forms of GROSS income they receive. It is important to remember that under Rule 32, “income” is a broad term that can include more than what the Internal Revenue Service defines as “taxable.” Social Security benefits, car and food allowances, and housing benefits from employers can also be part of the “gross income” used in a child support calculation. See, Stinson v. Stinson, 729 So.2d 864 (Ala.Civ.App.1998) (court included car/fuel allowance from employer as income); Seealso, Norman v. Norman, 50 So.3d 1107 (Ala.Civ.App.2010) (court included military housing allowance as income). The parties must also list the monthly costs that they pay (if any) for childcare and health insurance for the minor children in the case.
The figures from both parties’ CS-41 forms are then used to fill out the Child Support Guidelines Form CS-42. The CS-42 is a fill in the blank formula used to calculate child support awards. The calculation begins with each party’s monthly gross income. Then, if either party is already paying child support in another case, that monthly amount is deducted from their gross monthly income. Next, both parties’ incomes are added together to find the combined gross monthly income. Each party’s percentage share of the gross monthly income is also entered (for instance, if the Father makes $3,000.00 and the Mother makes $1,000.00, the Father would have a 75% share and the Mother a 25% share). The parties’ combined gross monthly income has a “Standard Basic Obligation” that can be found in a schedule that is part of Rule 32. That basic obligation is entered into the CS-42 and is added to monthly child care costs (which are limited to a maximum level based on the type of child care) and the monthly health insurance premium paid to cover the children. This figure used to be the full premium paid for family coverage, but is now limited under Rule 32, to the pro rata share of the monthly premium for the number of children covered under the child support Order. For example, if the total premium was $400 per month, but that covered three other people besides the child, then only 1/4 of the monthly premium would be part of the child support calculation. Once those figures are added together, the total is then multiplied by the non-custodial parent’s percentage of the combined gross monthly income. If the non-custodial parent pays the health insurance premium, that amount (the same pro rata share referenced above) is then deducted. The result is the monthly child support award that is presumed to be used.
Under certain circumstances, a court may deviate from the presumed award under the Rule 32 formula just outlined. “When the court determines that the application of the guidelines would be manifestly unjust or inequitable and then deviates from those guidelines in setting a support obligation, the court must make the findings required by Rule 32(A)(ii), Ala. R. Jud. Admin. M.S.H. v. C.A.H., 829 So.2d 164, 169 (Ala.Civ.App.2002) (citing Thomas v. Norman, 766 So.2d 857, 859 (Ala.Civ.App.2000)). Rule 32(A), Ala. R. Jud. Admin., allows the trial court to deviate from the guidelines so long as the deviation is based on “evidence presented in court” contained in a “written finding on the record.” In other words, the subsection requires the trial court to state a reason justifying its deviation from the guidelines.” DeYoung v. DeYoung, 853 So. 2d 967, 970 (Ala.Civ.App.2002). In circumstances where the parties exercise “shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court” may constitute a “reason for deviating from the guidelines,” the rule further notes that “[t]he existence of one or more of the reasons enumerated in this section does not require the court to deviate from the guidelines.” Boatfield v. Clough, 895 So. 2d 354, 356 (Ala.Civ.App.2004). In other words, true joint/shared custody may (and often does) result in a deviation from the Rule 32 formula, but that such is not guaranteed. In the vast majority of cases, the Rule 32 formula is applied without a deviation.
There countless circumstances that could be present in a child support matter that would effect the outcome of any award. You should consult with a child support attorney about any questions you may have about your own case. You can reach our Firm at either out Birmingham office at 205.937.3687 or our Blount County, Alabama office at 205.683.0660. The following is required by the Ala. Rules of Professional Conduct: No representation is made that the quality of legal services performed is greater than those of other attorneys.
Attorney Brad Green Named One of Birmingham’s “Top Attorneys”
See the link to the April 2016 edition of B-Metro magazine, naming Brad Green as one of Birmingham’s “Top Attorneys.”
2016 Family Law Bills Before Alabama Legislature
Attorney Brad Green of King & Green, LLC, in Birmingham, discusses several bills in the area of family law pending in the Alabama legislature. The bills deal with joint custody, alimony, retirement division, grandparent visitation, and common law marriage.
The End of Grandparent Visitation in Alabama?
In this video Attorney Brad Green discusses the 1/22/16 decision of the Alabama Supreme Court that upheld a lower court’s striking down of Alabama’s Grandparent Visitation Act. This action in and of itself does not eliminate grandparent visitation as part of an Alabama adoption case or in a juvenile dependency action.
Alabama Chief Justice Tries to Stop Same-Sex Marriages–January 6, 2016
King & Green attorney Brad Green discusses Alabama Chief Justice Roy Moore’s “Administrative Order” to Probate Judges on January 6, 2016, that attempts to stop the issuance of same-sex marriage licenses.
From divorce, adoption and will creation, King & Green has provided wonderful representation for myself and many members of my family. They have treated me as family and I will continue to refer others to them. Read More