Shared 50% Custody Child Support in Alabama

By the FigureMyTax Editorial Team · How we calculate

When a court order gives each parent physical custody about 50% of the time, Alabama uses Form CS-42-S. The basic obligation is multiplied by 150%, each parent is credited for half of that amount and for the child-care and health-care costs he or she pays, and the parent with the higher adjusted figure pays that amount to the other parent.

When the 50% formula applies

Rule 32(C)(7) applies when a court order gives each parent physical custody of a child 50%, or approximately 50%, of the time. It took effect for actions filed on or after June 1, 2023. Before that, shared 50% custody was only a reason to deviate from the guidelines. The rule is tied to the order, not to the label: an informal arrangement between the parents that no court has adopted does not trigger it, and calling an arrangement “joint” or “shared” does not decide the question. The court then uses Form CS-42-S instead of Form CS-42.

How Form CS-42-S works, line by line

1. Find each parent’s adjusted gross income and share of the combined income, as in the standard worksheet.
2. Take the basic obligation from the schedule as if shared custody had not been ordered, then multiply it by 150% (Line 5). The multiplier reflects the extra cost of keeping two households.
3. Add work-related child care and health-care coverage, determined as if shared custody had not been ordered.
4. Multiply the total by each parent’s income share (Line 10).
5. Subtract the costs each parent pays (Line 11) and a credit for half of the 150% amount (Line 12) to reach each parent’s adjusted obligation (Line 13).
6. The parent with the higher adjusted figure pays that amount to the other parent (Line 14).

A worked example and how it compares

Using the same incomes and costs as the standard example in how Rule 32 calculates the amount (Parent A earns $4,800, Parent B earns $3,200, two children, $400 of child care paid by Parent B and $150 of health coverage paid by Parent A):

Under the standard worksheet, with Parent B having the children most of the time, Parent A would be recommended to pay $1,091. Under the shared 50% worksheet, the figure is $407. The Alabama child support calculator runs both when you switch between “I do” and “Shared 50% by court order.”

What the shared worksheet leaves out

Rule 32(C)(7)(e) says the self-support reserve calculation, the $50 minimum order and the zero-dollar order provisions do not apply when Form CS-42-S is used. A parent with a very low income can therefore see a different result than on the standard worksheet.

If a parent does not use the time

After the 50% adjustment has been applied, a parent who, without sufficient cause, fails to exercise physical custody for more than 14 days in the 12 consecutive months before a petition to modify support is filed can give the court a reason to modify. The rule says that failure may be treated as a material change of circumstances, and the modification may be made retroactive to the date the petition was filed. If the failure was willful, the court may award the other parent attorney fees and costs in the modification case (Rule 32(C)(7)(c)–(d)).

Other arrangements and split custody

The 150% formula is for an order that gives each parent about 50% of the time. For other schedules in which the paying parent has more time than customary, Rule 32(A)(1)(a) lists extended physical custody or visitation as a possible reason to deviate from the guidelines, and the rule’s comments say the schedule assumes the noncustodial parent exercises customary visitation, including summer visitation. Any deviation must be explained in the court’s order or in the parties’ written agreement. Split custody, where each parent has primary physical custody of at least one child, is handled differently: Rule 32(B)(10) has each parent’s obligation computed for the children in the other’s care and subtracts the lesser from the greater.

Frequently asked questions

Official sources

• Rule 32, Alabama Rules of Judicial Administration
• Form CS-42-S, shared 50% physical custody worksheet
• Alabama Administrative Office of Courts: child support guidelines and schedule

This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.