Alabama Supreme Court Rejects New Child Support Guidelines

I just got word this morning that the Alabama Supreme Court has rejected the proposed new child support guidelines. I understand from my friend Julie Palmer that the court has asked Justice Lyn Stuart to articulate the court’s concerns to its Advisory Committee on Child Support Guidelines and Enforcement. At this point, I’ve heard nothing about the specifics of the court’s concerns.

10 comments

  1. Michael says:

    I just want to comment a bit on Justice Lyn Stuart. When I was about one year old (1985),
    my parents got divorced. My father never paid child support and was rarely in my life.
    My mother came from a poverty-stricken family and had my older brother at age 17 (1983)
    and me at age 18 (1984). After the divorce, and a few years of struggling with two kids
    and only being 20 years old (with no child support), my mother got a job waitressing at an
    adult bar. The money still wasn’t sufficient to support two kids, so eventually she
    decided it was in the best interest for her kids to sacrifice her reputation, and begin to
    dance at this bar. It was the only way the 20-year-old mother of two knew to make enough
    money to support her kids with no help. A few years later, in the early ’90s, my mother
    decided to sue my father in order to make him pay child support. Judge Lyn Stuart was the
    judge for the case. She turned a blind eye to the fact that my father never cared to be
    around or to support his kids. The only thing that she saw was the fact that my mother
    stripped at a bar. Mrs. Stuart, obviously knowing nothing of struggling and sacrificing
    to make ends meat, looked down upon my mother and considered her trash. Meanwhile, my
    father decided that he could come out cheaper to counter-sue for custody. Judge Lyn
    Stuart granted custody of me and my brother to a father who never cared enough to give
    child support or even be around in his kids’ lives. Before that, when we went to visit my
    father on some weekends, we usually spent the whole weekend at his parents’ house. For
    two years I was forced to live with a father who never wanted me there before and whom I
    certainly didn’t want to live with. After the two years, my mother decided that her kids
    too important to her, so she decided that having them and living in poverty was better
    than not having them at all. The day that she stopped persuing child support, my father
    gave custody back to my mother. To this day, my father has never spent a bit of money on
    child support, thanks to Judge Lyn Stuart and her “holier than thou” attitude toward my
    mother who had to make sacrifices in her reputation to make money for her kids. Judge
    Lyn Stuart had no regard for our well-being, nor did she consider the fact that my father
    was never caring or supporting. She just considered my mother filthy and did not want
    what she considered trash to be able to raise kids. For this reason, I have a immense
    disliking for Justice Lyn Stuart and I hope that Al Johnson will overtake her in the
    supreme court on Nov. 7th. He has my vote.

  2. Cindy says:

    Hello Lee

    I took your advise to use the docupro. But unfortunately, The company disappeared
    before I finished the process. Worse, I paid already!!!

    I am going to report him, the president Bruce Diamond.

    Any advise?

    Cindy

  3. David Kelly says:

    For those interested, the State of Alabama’s “Advisory Committee on Child Support Guidelines” voted to recommend the new guidelines at the Alabama Judicial Building, 300 Dexter Avenue, Montgomery, Alabama, on June 30, 2006. The minutes of the meeting may be found in the State of Alabama’s official web site for the “Administration Office of the Courts” in the “Judicial News” – simply press the Child Support Section.

    Judicial News is located at http://www.alacourt.gov/. The Child Support section in the judicial news records is located at http://www.alacourt.gov/ChildSupport1.html

    The minutes are interesting as they provide insight into child support guideline issues and well as insight into the reasoning behind the handling of specific issues.

    The committee voted to recommend to the Alabama Supreme Court that the PSI 2004 Chart be adopted as the child support guideline (See page 6, lines 5-14 of the June 30, 2006, minutes).

    The PSI 2004 report (02/25/04) can be found at http://www.alacourt.gov/CSForms/Alabama.pdf and/or at http://www.alacourt.gov/ChildSupport1.html

    Regards,
    David Kelly

  4. Ludlow Savage says:

    Question:

    Under Tennessee law, can/would any Judge ever agree to include in the final judgement of divorce that neither party could have a ‘significant other’, stay at the residence for more than 2 days a week if any of the children from the marriage are present at that particular home? ** There were no accusations or signs of child abuse brought forth from either party involved, nor any other private citizen, nor any agency. This was supposedly requested by one of the parties claiming that the other was an adulterer.

    Thank you for your time.

    Ludlow

  5. neita L says:

    Does anyone know the answer to this question: When Rules of Judicial Administration such as Rule 32 (Child Support Guidelines Rule) are amended after your original divorce becomes final, which version of the Rule will future modifications fall under– the version of the Rule existing during the original proceedings, or the version in existence at the time of modification?

    nl

  6. Lee Borden says:

    The amendment will say whether it constitutes grounds for modification of existing orders. Even if it says it does not constitute grounds for modification, however, within a short time it will become the new “standard” and therefore become de facto grounds for modification.

  7. Isn’t it a shame that we have turned our kids into a financial commodity. Oh that’s right we didn’t do it. The lawyers and court service providers did. They worked to pass laws that would exact heavy emotional and financial tolls on families across america. Who are the profiteers that benefit from custody litigation and who are the big winners. It certainly isn’t the children and it isn’t the spouses. Most of the Child support dollars are absorbed by exhorbitant legal fees. Children suffer more ACE’s (adverse childhood events) when both parents are not actively involved in there children’s lives. Research has identified the nature of the risks and problems associated with depriving children of the opportunity to be raised by both parents. Here is just a few.
    Boys are more likely and more intensily predatory sexually. They are significantly more likely to abuse drugs and alcohol. They are less likely to succeed academically. There is a higher incidents of obsessive compulsive disorders. I can go on if you like.
    Girls are statistically 40 times more likely to be molested. I didn’t believe this statistic until I saw research from the CDC. Wow! Girls are more likely to engage in deviant sexual behavior. The same issues with respect to academics and drug use exists for girls also.
    I’m writing this comment because it’s time we as citizens get off this kick of trying to squeeze out the other parent for money and power.
    Share Custody benefits everyone and I mean everyone. If you will put aside you anger and greed and put your children’s interests ahead of your own. And even though you may be unhappy with your ex-spouse, remember it isn’t about you its about your kids. It’s way less expensive to take parenting classes and/or find a parenting mentor. And you will accomplish more for your kids emotional stability and long term well being.
    Please consider these words. I’m offering a different paradigm that may leave your attorney in the cold but keep your kids in your heart.
    CHEERS!!!

  8. Custody says:

    we usually spent the whole weekend at his parents’ house. For
    two years I was forced to live with a father who never wanted me there before and whom I
    certainly didn’t want to live with. Sounds all to familiar!

  9. Ty Abram says:

    In Georgia, the new child support guidelines that were passed by the state legislature were greeted with a healthy dose of skepticism. All in all, however, over the last few years they seem to be working well. It brings clarity to the process as well. For me, I think one of the most important things to take into consideration when you are instituting these guidelines is that a judge know that they are just that, guidelines, and not hard and fast rules. A judge should have some discretion in the process.

Leave a Reply

Your email address will not be published. Required fields are marked *