In Alabama, the calculation of child support is governed by Alabama Rule of Judicial Procedure 32. ”Rule 32″ as it is called contains very specific instructions for how a non-custodial parent’s child support is to be determined. Once the calculation has been completed, judges are obligated to order that parent to pay that specific amount without deviation unless there is a specific reason to make the ordered amount higher or lower. One of the reasons to deviate specifically mentioned in Rule 32 concerns the situation when one parent lives far enough away from their children that they incur substantial costs to travel to see their children. These days travel to see your children in their hometown can get expensive with gas or airplane fares rising every day, not to mention hotel costs and meals at restaurants. This can be an important issue to raise in several situations.
If you are the non-custodial parent and you have to move away from your children, then this can be the basis of a motion to reduce your child support. That is especially true if you are going to be paid less money to work at your new job. In that case you can request a reduction for both reasons. Of course, anytime you are divorced and there are children involved, there is always a chance that you will have further disagreements that result in potential litigation before a judge. As a result, documenting these extra expenses with receipts, bank records and/or credit card statements is essential to giving yourself a chance to get the judge to agree with your position. Remember, the person paying child support is always the one that bears the burden to prove payment of support no matter what form.
Travel costs can also be important if you are the custodial parent and you are the one that is moving. If you notify your Ex that you intend to move and they object, litigation attempting to get a judge to allow the move can be complicated, time consuming and expensive. Offering to reduce the child support they are paying as a way to get them to agree to the move is one of many tools you can use to settle the dispute.