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Alabama Child Support Income Template

The Alabama Child Support Income Form, officially known as Form CS-41, serves as a crucial document for declaring income and expenses in child support cases within Alabama's Unified Judicial System. This affidavit requires detailed information about the affiant's employment status, monthly gross income from various sources, work-related child care expenses, health insurance coverage for the child(ren), and any existing support or alimony obligations from prior cases. Understanding and accurately completing this form is essential for ensuring fair and lawful child support arrangements.

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Table of Contents

The State of Alabama has established guidelines to ensure the fair and consistent calculation of child support obligations, embodied in the comprehensive Alabama Child Support Income Statement/Affidavit, Form CS-41, revised as of May 2017. This form plays a pivotal role in the Alabama Unified Judicial System, serving as a sworn affidavit that accurately records the income details of the affiant, whether they be the plaintiff, defendant, or another party, in child support cases. It meticulously captures employment status, employer information (past and present), various income streams including employment, self-employment, and other related and non-related income types, monthly gross income, and deductions such as work-related child care expenses. Significantly, it also details health insurance provision for the child(ren) in question, past child support or alimony payments, and the legal understanding of the affiant regarding the maintenance and potential audit of these declarations by the court. The included examples of income that must be reported underscore the intent to provide a comprehensive financial snapshot to ensure a fair analysis of child support obligations. This form not only guides the legal process but also binds the declarant to honesty under the threat of perjury, embedding a legal gravitas into the proceedings of adjudicating child support in Alabama.

Alabama Child Support Income Example

				APPENDIX D
State of Alabama			CHILD-SUPPORT-OBLIGATION			Case Number
Unified Judicial System			CHILD-SUPPORT-OBLIGATION
Form CS-41	Rev. 5/17		INCOME STATEMENT/AFFIDAVIT

IN THE ____________________________ COURT OF __________________COUNTY, ALABAMA
	(Circuit or District)				(Name of County)
Plaintiff _____________________________ v.					Defendant _________________________________


					AFFIDAVIT
I, ____________________________________________, being duly sworn upon my oath, state as follows :
(Name of Affiant)
1. I am the	Plaintiff	Defendant		Other (please specify):_________________ in the above matter.
My Social Security number is: XXX-XX-X _______					LAST THREE (3) DIGITS ONLY
2. I am	currently employed. My employer’s name and address are:
	_____________________________________________________________________

_____________________________________________________________________

not currently employed.

My last employer’s name and address are: _______________________________________

_________________________________________________________________________

Last position title: __________________________________________________________

Average monthly salary in the last year of employment: $ ___________________________

3. My monthly gross income includes:

(For example of income that must be included, see back of this form. If income varies by month, enter the estimated average monthly gross income.)

	Employment income	$______________________________
	Self-employment income	$______________________________
	Other employment-related income	$______________________________
	Other non-employment-related income	$______________________________
	Total	$_______________________________
4.	I incur the following amount monthly for work-related
	child-care:	$______________________________
		(if none, write “None”)
5.	The child(ren) of the parties is/are

not covered by health insurance from me and/or my employer.

covered by health insurance, and (1) I pay $_______ each month, or that amount is paid on my behalf each

month by my________, for the family policy coverage under which the child(ren) is/are covered; and (2) the total

number of persons covered under that policy is ________________.

The pro rata portion of the medical insurance premium attributable to the child or children who are the subject of the support order (which shall be calculated by dividing the total medical insurance premium actually paid by, or on behalf of, the parent ordered to provide the coverage by the total number of persons (adult and/or children) covered and then multiplying the result by the number of children who are the subject of the support order) is the sum of $_______________ .

6.I pay the following total amount for child support alimony in [a] prior case(s) as follows:

[List case number(s) and county(ies) and state(s) here]:

__________________________________________ $______________________________

(if none, write “None”)

__________________________________________

I understand that I will be required to maintain all income documentation used in preparing this Income Statement/Affidavit (including my most recent income-tax return) and that such documentation shall be made available as directed by the court. I also understand that any intentional falsification of the information presented in this Income Statement/Affidavit may subject me to the penalties of perjury.

______________________________________________

Affiant

Sworn to and subscribed before me this ______

day of _______________________, ________

______________________________________

Notary/Clerk

Form CS-41 (Back)

EXAMPLES OF INCOME THAT MUST BE INCLUDED IN YOUR GROSS MONTHLY INCOME

1.Employment Income – shall include, but not be limited to, salary, wages, bonuses, commissions, severance pay, worker’s compensation, pension income, unemployment insurance, disability insurance, and Social Security benefits.

2.Self–Employment Income – shall include, but not be limited to, income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation. “Gross income” means gross receipts minus ordinary and necessary expenses required to produce this income.

3.Other Employment–Related Income – shall include, but not be limited to, the average monthly value of any expense reimbursements or in-kind payments received in the course of employment that are significant and reduce personal living expenses, such as a furnished automobile, a clothing allowance, and a housing allowance.

4.Other Non-Employment-Related Income – shall include, but not be limited to, dividends, interest, annuities, capital gains, gifts, prizes, and pre-existing periodic alimony.

RULE 32, ALABAMA RULES OF JUDICIAL ADMINISTRATION, PROVIDES THE FOLLOWING DEFINITIONS:

Income. For purposes of the guidelines specified in this Rule, “income” means the actual gross income of a parent, if the parent is employed to full capacity, or if the parent is unemployed or underemployed, then it means the actual gross income the parent has the ability to earn.

Gross Income.

“Gross income” includes income from any source, and includes, but is not limited to, income from salaries,

wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment-insurance benefits, disability-

insurance benefits, gifts, prizes, and preexisting periodic alimony.

“Gross income” does not include child support received for other children or benefits received from means- tested public-assistance programs, including, but not limited to, Temporary Assistance for Needy Families, Supplemental Security Income, food stamps, and general assistance.

Self–employment Income.

For income from self-employment, rent, royalties, proprietorship of business, or joint ownership of a partnership or closely held corporation, “gross income” means gross receipts minus ordinary and necessary

expenses required to produce such income, as allowed by the Internal Revenue Service, with the exceptions noted in Rule 32 (B)(3)(b).

Under those exceptions, “ordinary and necessary expenses” does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support.

Other Income. Expense reimbursements or in-kind payments received by a parent in the course of employment of self-employment or operation of a business shall be counted as income if they are significant and reduce personal living expenses.

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Form Specs

Fact Name	Description
Form Identity	The form is identified as "Appendix D - State of Alabama Child Support Obligation, Unified Judicial System Form CS-41 Rev. 5/17 Income Statement/Affidavit."
Form Purpose	This form is used to declare income for the purpose of determining child support obligations in the State of Alabama.
Use Context	The form is utilized within Circuit or District Courts of Alabama counties for cases involving child support.
Affidavit Component	Completing the form includes providing a sworn affidavit to the court, declaring the affiant's income and employment status accurately.
Income Declaration	Declarants state their employment status, including employer details, self-employment, and other income sources.
Gross Monthly Income	Gross monthly income encompasses employment income, self-employment income, other employment-related income, and non-employment-related income.
Child Support and Alimony Reporting	Affidavits must report existing child support and alimony obligations from prior cases, including specifics of those obligations.
Health Insurance Disclosure	Declarants must disclose health insurance coverage for the child(ren), including costs and the breakdown of those costs per child.
Income Definition Under Rule 32	Income for child support purposes, as regulated by Rule 32 of the Alabama Rules of Judicial Administration, includes virtually all income sources before deductions.
Governing Law	The form and its processes are governed by Rule 32, Alabama Rules of Judicial Administration, detailing income definitions and obligations for child support calculations.
Documentation Requirement	Affidavits are reminded of the necessity to maintain and produce, upon court order, all documentation used in preparing the Income Statement/Affidavit.

Detailed Guide for Writing Alabama Child Support Income

Filling out the Alabama Child Support Income Statement/Affidavit is a necessary step in determining child support payments. This document requires detailed information about your income and expenses, ensuring both parties contribute fairly to the well-being of their children. Carefully completing this form is crucial for the accuracy of the child support calculation. Below are step-by-step instructions to guide you through the process.

Start with the court information. Fill in the type of court (Circuit or District) and the county name in Alabama where your case is being processed.
Enter the case number assigned by the court in the designated space.
List the names of the plaintiff and defendant as they appear in the court documents.
Identify yourself by filling in your name where it says "Name of Affiant" and specify your role in the case (Plaintiff, Defendant, or Other).
Provide the last three digits of your Social Security number in the space provided.
Indicate your current employment status. If employed, write down your employer's name and address. If not employed, provide information on your last employer and your average monthly salary from the last year of employment.
Calculate your monthly gross income, including employment income, self-employment income, other employment-related income, and other non-employment-related income. Provide totals for each category.
If applicable, note the monthly amount you incur for work-related child-care expenses. Write "None" if there are no expenses.
State whether the child(ren) are covered by health insurance provided by you or your employer. If covered, include the monthly amount paid for the family policy, who pays for it, the total number of people covered under the policy, and the pro rata portion of the medical insurance premium attributable to the child(ren).
List any child support or alimony payments you make in relation to previous cases, including the case number, county, and state for each, along with the total monthly amount. Write "None" if this does not apply.
Acknowledge your understanding of the documentation requirements and the perjury penalty for falsification by signing the affidavit section of the form.
Have the form notarized or signed by a clerk to swear in your statement. This requires filling in the date and having the Notary/Clerk sign and date the document as well.

After the form is fully completed and submitted, it will be reviewed as part of the child support determination process. Accurately reporting your income and expenses is key to ensuring a fair and just calculation of support payments. Remember, this form serves as an affidavit, and providing false information can lead to serious legal consequences.

Common Questions

What is the purpose of the Alabama Child Support Income Statement/Affidavit (Form CS-41)?

This form serves as a detailed declaration of an individual's income and expenses related to child support obligations. It is used by the court to calculate and enforce child support payments in the state of Alabama, ensuring that children receive adequate financial support from their parents.

Who needs to complete the Alabama Child Support Income Statement/Affidavit?

Any parent involved in a child support case within Alabama, whether as the plaintiff, defendant, or otherwise specified party, must complete this form. It is required for accurately determining the amount of child support payable by one party to another.

What information is required on Form CS-41?

The form requests detailed information about the affiant’s employment status, monthly gross income from various sources, monthly expenses for work-related child care, health insurance coverage for the child(ren), and any payments made for child support or alimony in prior cases. Additionally, the affiant must provide the last three digits of their Social Security number and other pertinent details regarding their financial situation.

How do I calculate my monthly gross income for the form?

Monthly gross income should include all earnings before taxes and deductions from employment, self-employment, and other sources as specified on the back of the form. This encompasses salary, wages, bonuses, commissions, and income from self-employment, among others. Deduct only ordinary and necessary expenses for self-employment income as allowed by the IRS, excluding those expenses not considered appropriate for child support calculations.

What does not count as income on the Alabama Child Support Income Statement/Affidavit?

Child support payments received for other children and benefits from means-tested public assistance programs (such as TANF, SSI, food stamps, and general assistance) do not count as income. Additionally, gross income does not include reimbursements or in-kind payments that do not significantly reduce personal living expenses.

What are "ordinary and necessary expenses" for self-employed individuals?

For self-employed parents, these expenses are those required to produce income, such as costs allowed by the IRS. However, the Alabama Rules of Judicial Administration specify that certain expenses, like the accelerated portion of depreciation and investment tax credits, are excluded when calculating gross income for child support purposes.

What happens if I fail to provide accurate information on the form?

Intentionally providing false information on this form can lead to perjury charges. It is crucial to be honest and accurate in all declarations, as this information is used to determine financial support for your child. The court may also require you to produce income documentation for verification, so it’s important to maintain accurate records.

Where do I submit the completed Alabama Child Support Income Statement/Affidavit?

Once completed, the form should be submitted to the court handling your child support case. The address and specific submission instructions may vary by county, so it’s advisable to check with your local court clerk or legal advisor for guidance.

Is health insurance coverage information necessary for the form?

Yes, information regarding health insurance for the child(ren) is necessary. You must specify whether the children are covered under a policy paid by you or on your behalf, the monthly premium cost, and the pro-rata portion of the premium that relates to the child(ren) for whom support is being calculated. This information helps the court to determine the overall cost of supporting the child, including healthcare expenses.

Common mistakes

When filling out the Alabama Child Support Income Statement/Affidavit, individuals often make key mistakes that can impact the outcome of their child support cases. Recognizing and avoiding these mistakes can ensure accurate and fair child support calculations. Here are five common errors:

Not including all forms of income: The form requires that all sources of income be reported, including but not limited to employment income, self-employment income, and other non-employment-related income such as dividends or gifts. A common mistake is omitting sources of income that are not regular wages, such as bonuses or rental income.
Omitting expense reimbursements or in-kind payments: Many individuals fail to disclose reimbursements or in-kind payments received through employment or self-employment. These are considered income if they significantly reduce personal living expenses, such as company cars, housing allowances, or clothing allowances.
Incorrectly calculating self-employment income: Self-employed individuals must report gross receipts minus ordinary and necessary expenses. However, calculations often go awry by either not deducting all allowable expenses or by deducting expenses that are not allowed, such as the accelerated component of depreciation expenses.
Forgetting to list all child support or alimony obligations: The form asks for information about any child support or alimony payments made in relation to other cases. Not accurately reporting these obligations can lead to an inaccurate assessment of disposable income available for child support.
Failure to include documentation: Individuals must maintain and, upon request, provide documentation for all income and deductions claimed on the form. Failure to accurately document income and allowed deductions is a significant issue that can result in penalties for perjury if intentional falsification is discovered.

It is essential that all information provided on the Alabama Child Support Income Statement/Affidavit is complete, accurate, and verifiable. Taking care to avoid these common mistakes helps ensure that child support calculations are fair and equitable for all parties involved. Diligence in filling out the form not only reduces the likelihood of errors but also demonstrates a commitment to the well-being of the children supported by these funds.

Documents used along the form

When submitting the Alabama Child Support Income Statement/Affidavit (Form CS-41), several other forms and documents are often required to accurately assess one's financial situation for child support calculations. These documents help provide a comprehensive view of an individual's income and financial obligations.

Recent Pay Stubs: Generally includes the last two to three months of pay stubs to verify current employment income as reported on the Income Statement/Affidavit.
Tax Returns: The most recent year’s tax return, often required to evaluate annual income, including all schedules and W-2, 1099, or other tax forms that report income.
Proof of Childcare Expenses: Receipts or documentation showing the cost of work-related childcare, which is necessary for calculating the child support obligation.
Health Insurance Documentation: Evidence of health insurance coverage for the child(ren), including the cost of the premium and the portion attributable to the child(ren).
Financial Statement: A detailed list of monthly expenses and debts, which can demonstrate the affiant’s financial situation beyond just income.
Documentation of Other Child Support or Alimony Payments: Official documents or court orders proving the amount of child support or alimony paid for children from previous relationships, which can affect the calculation.
Proof of Unemployment or Disability Benefits: If applicable, documentation such as benefit statements showing unemployment, disability, workers' compensation, or other forms of income not derived from employment.

These supporting documents, along with the Alabama Child Support Income Statement/Affidavit, provide the court with the necessary information to make an informed decision regarding child support obligations. It is crucial for individuals to gather and present accurate and comprehensive information to ensure the child support calculated reflects their true financial situation.

Similar forms

The Alabama Child Support Income form, also known as Form CS-41, bears resemblance to various other legal documents used within the family law realm. These documents serve to collect financial information critical for determining obligations such as child support, alimony, or the division of assets. Each document, while unique in its use and application, shares a fundamental purpose with the Alabama Child Support Income Statement: to ensure an equitable financial arrangement is made based on accurate and comprehensive financial disclosures from all parties involved. Below are documents similar to the Alabama Child Support Income form and explanations of their similarities.

Financial Affidavit for Child Support: Like the Alabama Child Support Income form, a Financial Affidavit for Child Support is commonly used during divorce and child support proceedings to disclose the financial status of a parent. This affidavit requires detailed information about a person's income, expenses, assets, and liabilities. Both documents are pivotal in calculating child support payments, ensuring they are fair and reflect the true financial capacity of each parent. They emphasize the need for a comprehensive outline of one's financial situation, including employment income, self-employment income, and other sources of income, thus providing a parallel structure and purpose.

Divorce Financial Declaration: The Divorce Financial Declaration is another document akin to the Alabama Child Support Income form, often utilized in divorce proceedings to paint a complete picture of the financial dynamics at play. This declaration covers a broad range of financial data, including, but not limited to, income, expenses, assets, debts, and expected future expenses. Much like the Alabama form, it aims to facilitate an equitable distribution of financial responsibilities and assets among parties. The specificity and thoroughness of the financial information required directly correlate with the detailed income and expense declarations found in the Alabama Child Support Income form.

Uniform Interstate Family Support Act (UIFSA) Financial Affidavit: The UIFSA Financial Affidavit shares its core objectives with the Alabama Child Support Income form when it comes to interstate child support and alimony cases. It gathers exhaustive financial information from a party to assist the court in determining the appropriate amount of support. Both documents focus on allowing the court to make informed decisions regarding support obligations, taking into account all sources of income and financial liabilities. The UIFSA affidavit's widespread acceptance across state lines underscores the universal need for detailed financial disclosure in family law matters, mirroring the goals of the Alabama Child Support Income form.

Dos and Don'ts

When filling out the Alabama Child Support Income Statement/Affidavit (Form CS-41), ensuring accuracy and compliance is crucial. Below are lists of recommended dos and don'ts to assist you through the process.

Do:

Review the form entirely before filling it out. Understanding every section in advance can prevent mistakes and ensure you gather all the necessary information.
Include all sources of income. This encompasses employment income, self-employment revenue, and other non-employment-related income, as detailed on the form. Overlooking any income source can lead to inaccuracies and potential legal issues.
Be truthful and precise. Falsifying information or intentionally leaving out income can result in perjury charges. It's important to fill out the form with honesty and accuracy.
Keep documentation for your records. The form requires you to maintain income documentation and make it available as directed by the court. Keeping organized records can streamline the process and provide evidence if necessary.

Don't:

Omit any income or expenses. All income, including bonuses, dividends, and child support from previous relationships, must be declared. Similarly, all monthly expenses related to child care or medical insurance premiums should be accurately reported.
Guess your income. If you're unsure about certain numbers, refer back to your financial records or wait until you can verify the information. Estimations can lead to incorrect calculations.
Ignore instructions on the form. Each section contains specific directions about what needs to be included. Failing to follow these instructions can result in an incomplete or incorrect form.
Delay submission. Once you have filled out the form accurately and completely, submit it promptly to the appropriate court. Delays can affect the timeliness of child support arrangements.

Misconceptions

When addressing the Alabama Child Support Income form, several misconceptions commonly arise, complicating what should be a straightforward process. Understanding these misconceptions can help individuals navigate their child support cases with more clarity.

Misconception 1: Only employment income affects child support amounts. In reality, the form requires all sources of income, including self-employment, unemployment benefits, and even non-employment-related sources like dividends or gifts, to be reported. This comprehensive approach ensures a fair assessment based on the total financial picture.
Misconception 2: Voluntarily unemployed or underemployed parents can avoid paying child support. The form and corresponding legal guidelines consider the potential income a parent could earn based on their skills and the job market, preventing avoidance of financial responsibility through employment choices.
Misconception 3: Child support calculations are based on net income. The form actually focuses on gross income, before taxes and deductions, to standardize the process and prevent manipulation through varying tax exemptions or deductions.
Misconception 4: Only the non-custodial parent's income is relevant. Both parents' incomes are considered in determining child support obligations to ensure the child(ren)'s needs are met proportionally by both parties.
Misconception 5: One-time incomes do not need to be included. All income, including one-time bonuses or gifts, must be reported, as these also contribute to the overall financial resources available for child support.
Misconception 6: Work-related expenses significantly reduce the income considered for child support. While necessary business expenses can be deducted for self-employment income, personal work-related expenses, like commuting, typically do not affect the gross income used for calculations.
Misconception 7: Child support payments from another relationship are not considered. The form specifically asks for details of child support or alimony payments related to other cases, acknowledging these obligations can impact a parent's capacity to support additional children.
Misconception 8: Providing health insurance is voluntary. If a parent has the ability to provide health insurance for their child(ren) through employment or can afford it, the court usually requires it as part of the child support order, reflecting the holistic approach to meeting the child(ren)'s needs.

Understanding these facets of the Alabama Child Support Income form can demystify the process, empowering parents to fulfill their obligations accurately and fairly.

Key takeaways

When completing the Alabama Child Support Income Statement/Affidavit (Form CS-41), it's important to accurately report all sources of income. This includes not only your employment salary but also any self-employment income, other employment-related income such as bonuses or commissions, and any non-employment-related income like dividends or annuities. The form requires a detailed listing of these figures to ensure a fair child support determination.

All income must be documented and verifiable. The person filling out the form must maintain all income documentation used in preparing the Income Statement/Affidavit, including the most recent income tax return. This documentation might be requested by the court to verify the income reported on the form, so keeping records organized and accessible is crucial.

The form also requires information on any child support or alimony payments from previous relationships. This is necessary to prevent any overestimation of the individual’s financial capability to support the child or children involved in the current case. Accurate reporting of these payments helps the court make an informed decision that considers all financial responsibilities of the parent.

The form must be filled out completely and truthfully, as intentional falsification of information can lead to penalties for perjury. This underscores the importance of honesty in reporting all sources of income and any existing financial obligations.
Work-related child care costs and health insurance premiums paid for the child(ren) need to be accurately reported. These costs impact the calculation of child support, ensuring that the needs of the child(ren) are adequately met.
Understanding the definitions of "income" and "gross income" as per Rule 32 of the Alabama Rules of Judicial Administration is vital. It includes practically all income sources and specifically outlines what counts as income for the purposes of child support calculations.
Personnel should not include child support received for other children or benefits from means-tested public-assistance programs as income. This distinction helps accurately reflect the financial situation of the parent, avoiding an exaggerated view of their income.

Overall, the completion of the Alabama Child Support Income Statement/Affidavit requires careful attention to detail and honesty. The information provided on this form plays a crucial role in determining a fair and appropriate child support arrangement that serves the best interests of the child(ren).

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