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The Alabama Child Support Income form, officially known as the Income Statement/Affidavit, plays a critical role in determining child support obligations in the state. This form collects essential financial information from both parents involved in a child support case, ensuring that the court has a clear picture of each parent's income and expenses. It requires the affiant to disclose their employment status, including the name and address of their employer, or details about their last employer if currently unemployed. The form also asks for a breakdown of monthly gross income, which encompasses various sources such as employment income, self-employment income, and other related earnings. Additionally, it addresses work-related child-care costs and health insurance coverage for the child or children in question. The affiant must also report any existing child support or alimony obligations from prior cases. By gathering this information, the form helps the court establish fair and equitable child support arrangements that reflect the financial realities of both parents. Completing this form accurately is crucial, as any intentional misrepresentation can lead to serious legal consequences.

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APPENDIX D

 

State of Alabama

 

 

 

CHILD-SUPPORT-OBLIGATION

Case Number

Unified Judicial System

 

 

 

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.

➤ PDF File

Form Specifications

Fact Name Description
Form Title The official title of the form is "Alabama Child Support Income Statement/Affidavit." It is designated as Form CS-41.
Governing Law The form is governed by Rule 32 of the Alabama Rules of Judicial Administration, which outlines income definitions for child support calculations.
Affidavit Requirement The affiant must swear to the accuracy of the information provided in the form, affirming its truthfulness under penalty of perjury.
Income Documentation Affiants are required to maintain all income documentation used to prepare the affidavit, including recent tax returns.
Monthly Income Categories The form requires the reporting of various income types, including employment income, self-employment income, and other related income.
Child Care Expenses Affiants must disclose any monthly work-related child care expenses incurred, or indicate if there are none.
Health Insurance Information The form asks whether the child(ren) are covered by health insurance and requires details about premiums and coverage.

Alabama Child Support Income: Usage Guidelines

Completing the Alabama Child Support Income form is an essential step in the child support process. This form requires accurate and detailed information about your income and related expenses. Gathering the necessary documentation beforehand will help streamline the process and ensure that all required fields are filled out correctly.

  1. Begin by entering the case number at the top of the form.
  2. Specify the court type (Circuit or District) and the name of the county where the case is being filed.
  3. In the Plaintiff and Defendant sections, fill in the names of the parties involved in the case.
  4. Complete the Affidavit section by writing your name and indicating whether you are the Plaintiff, Defendant, or another party. Include your last three digits of your Social Security number.
  5. Indicate your current employment status by checking the appropriate box: currently employed or not currently employed.
  6. If employed, provide your employer’s name and address. If not employed, list your last employer’s name and address along with your last position title and average monthly salary.
  7. Detail your monthly gross income in the specified categories: Employment income, Self-employment income, Other employment-related income, and Other non-employment-related income. Calculate the total gross income and enter it in the designated field.
  8. Report any monthly expenses related to work-related child-care, or write “None” if applicable.
  9. Indicate whether the child(ren) are covered by health insurance. If covered, specify the monthly payment and the total number of persons covered under the policy. Calculate the pro rata portion of the medical insurance premium attributable to the child(ren) and enter that amount.
  10. List any amounts you pay for child support or alimony in prior cases, including case numbers and counties. If none, write “None.”
  11. Review the completed form for accuracy and ensure all necessary documentation is available.
  12. Sign the Affidavit section, acknowledging the truthfulness of the information provided.
  13. Have the form notarized by a notary or clerk on the designated date.

Your Questions, Answered

What is the purpose of the Alabama Child Support Income form?

The Alabama Child Support Income form is used to provide a clear picture of a parent's financial situation. It helps the court determine the appropriate amount of child support based on the income and expenses of the parent. By filling out this form, parents can ensure that their financial circumstances are accurately represented in court.

Who needs to fill out this form?

What information is required on the form?

What types of income should be reported?

What happens if my income changes after submitting the form?

Is there a penalty for providing false information on the form?

How long do I need to keep documentation related to my income?

Common mistakes

  1. Incomplete Information: Failing to provide all required details can lead to delays. Ensure that every section of the form is filled out completely, including your name, Social Security number, and employment details.

  2. Incorrect Income Reporting: Misreporting income is a common mistake. Be sure to include all sources of income, such as wages, bonuses, and self-employment earnings. This will help avoid discrepancies later on.

  3. Neglecting Childcare Expenses: Forgetting to include work-related childcare costs can impact your financial obligations. If you incur such expenses, list them accurately, or indicate "None" if applicable.

  4. Health Insurance Details Omitted: Not providing information about health insurance coverage for the child(ren) can lead to complications. Clearly state whether the children are covered and include the relevant costs.

  5. Ignoring Prior Child Support Obligations: Failing to disclose existing child support or alimony payments can result in issues with the court. List all prior obligations to ensure transparency.

  6. Not Maintaining Documentation: Forgetting to keep necessary documentation can create problems later. Retain all income-related documents, such as tax returns, for verification when required by the court.

  7. Failure to Review for Accuracy: Submitting the form without a thorough review can lead to errors. Take the time to double-check all entries for accuracy before submitting the form.

  8. Not Understanding the Definitions: Misunderstanding terms like "gross income" can lead to incorrect reporting. Familiarize yourself with the definitions provided in the guidelines to ensure compliance.

Documents used along the form

When navigating child support matters in Alabama, several key forms and documents often accompany the Alabama Child Support Income form. Each of these documents serves a specific purpose in ensuring that all financial aspects are accurately represented and considered during the support process.

  • Child Support Guidelines Worksheet: This document helps calculate the appropriate amount of child support based on the income of both parents, the number of children, and other relevant factors. It provides a structured approach to determining financial obligations.
  • Parenting Plan: A parenting plan outlines the custody and visitation arrangements for the children. It details how parents will share responsibilities and make decisions regarding their children's upbringing.
  • Income Verification Documents: These may include recent pay stubs, tax returns, or bank statements. They serve to verify the income reported on the Child Support Income form and ensure transparency in financial matters.
  • Health Insurance Information: This document provides details about any health insurance coverage for the children. It includes information about premiums, coverage details, and who is responsible for paying the premiums.
  • Child Support Payment History: This record shows past child support payments made or received. It is essential for tracking compliance with existing support orders and can be used in court if disputes arise.
  • Affidavit of Financial Disclosure: This affidavit requires both parents to disclose their financial situations fully. It ensures that both parties are aware of each other's financial status, which is crucial for fair support calculations.
  • Modification Request Form: If circumstances change, such as a job loss or a significant change in income, this form allows a parent to request a review and potential modification of the current child support order.

Understanding these documents can help streamline the child support process and ensure that all necessary information is available for the court's consideration. Being prepared with the right forms can make a significant difference in achieving a fair and just outcome for all parties involved.

Similar forms

The Alabama Child Support Income form serves a crucial purpose in determining a parent’s financial obligations regarding child support. Several other documents share similarities with this form, each playing a role in various legal and financial contexts. Below is a list of nine documents that are comparable to the Alabama Child Support Income form, along with explanations of their similarities.

  • Financial Affidavit: Like the Child Support Income form, a financial affidavit requires individuals to disclose their income, expenses, and assets. This document is often used in divorce proceedings to assess financial situations.
  • Income Verification Form: This form is used by employers to confirm an employee’s income. It shares the same goal of establishing a clear picture of financial resources, similar to the Alabama Child Support Income form.
  • Child Support Worksheet: This worksheet helps calculate child support obligations based on income and expenses. It parallels the Alabama form by focusing on income details to determine financial responsibilities.
  • Tax Return: A tax return provides a comprehensive overview of a person’s income for the year. It is similar in that it requires the disclosure of various income sources, which can be used to support claims made in the Child Support Income form.
  • Budget Worksheet: This document helps individuals outline their monthly income and expenses. Like the Alabama form, it emphasizes understanding financial circumstances to ensure accurate support calculations.
  • Wage Garnishment Order: This order is issued to withhold a portion of an individual’s wages for child support payments. It relates to the Alabama form by focusing on income as a basis for determining support obligations.
  • Asset Disclosure Statement: This statement requires individuals to list their assets and liabilities. It complements the Child Support Income form by providing a fuller picture of financial stability and resources.
  • Employment Contract: An employment contract outlines the terms of employment, including salary and benefits. It is similar because it provides essential information regarding income, which is vital for child support calculations.
  • Self-Employment Income Statement: This document details income earned from self-employment. It parallels the Alabama form by requiring a breakdown of income sources, specifically tailored for self-employed individuals.

Each of these documents serves to clarify financial situations, ensuring that obligations, especially regarding child support, are understood and met. Understanding these similarities can help individuals navigate the complexities of family law and financial responsibilities.

Dos and Don'ts

When filling out the Alabama Child Support Income form, it's important to be thorough and accurate. Here are seven essential dos and don'ts to keep in mind:

  • Do provide accurate information about your employment status, including your current employer’s name and address.
  • Do include all sources of income, such as employment income, self-employment income, and any other relevant earnings.
  • Do calculate your monthly gross income carefully, ensuring you account for any variations in your earnings.
  • Do disclose any work-related child-care expenses you incur each month, even if it’s a small amount.
  • Don't omit any income sources, as this could lead to complications or legal issues down the line.
  • Don't provide false information or attempt to misrepresent your financial situation, as this can result in serious penalties.
  • Don't forget to maintain documentation of all income sources, as you may need to present this information to the court.

By following these guidelines, you can help ensure that your form is completed correctly and efficiently.

Misconceptions

  • Misconception 1: The form is only for employed individuals.

    • Many believe that only those with a job need to fill out the Alabama Child Support Income form. In reality, even if someone is unemployed or underemployed, they must still complete the form. This includes providing information about previous employment and potential income they could earn.

  • Misconception 2: Only salary counts as income.

    • Some people think that only salary is considered when calculating child support. However, the form requires all types of income to be reported. This includes self-employment income, bonuses, commissions, and even gifts or prizes.

  • Misconception 3: Child support payments from previous cases are ignored.

    • It’s a common belief that prior child support payments do not affect the current calculation. In fact, the form asks for details about any ongoing child support or alimony payments. This information is crucial for determining the new support obligation.

  • Misconception 4: Health insurance costs are optional to report.

    • Some individuals think they don’t need to disclose health insurance costs. This is not true. The form specifically asks for information on health insurance premiums related to the child(ren), and this can impact the overall support calculation.

  • Misconception 5: The form is a one-time requirement.

    • Many assume that submitting the form is a one-off task. In reality, parents must keep their income documentation updated and may need to submit the form again if their financial situation changes.

  • Misconception 6: Falsifying information has no consequences.

    • Some people believe they can exaggerate or downplay their income without repercussions. This is a serious mistake. Intentionally providing false information can lead to penalties, including charges of perjury.

  • Misconception 7: Only the person paying child support needs to fill out the form.

    • It is a common misunderstanding that only the paying parent is responsible for completing the form. Both parents may need to provide their financial information to ensure a fair assessment of child support obligations.

  • Misconception 8: The form is too complicated to fill out.

    • Many individuals shy away from completing the form due to its perceived complexity. However, the instructions are designed to be straightforward. With careful attention, most people can accurately report their income and expenses.

  • Misconception 9: Income from public assistance programs is included in gross income.

    • Some mistakenly believe that benefits from programs like food stamps or Temporary Assistance for Needy Families count as income. The form clearly states that these benefits are not included in the gross income calculation for child support purposes.

Key takeaways

When filling out the Alabama Child Support Income form, understanding the requirements and implications is crucial. Here are some key takeaways to keep in mind:

  • Identify Your Role: Clearly state whether you are the plaintiff or defendant. This distinction is important for the court's records.
  • Provide Accurate Information: Ensure your Social Security number is correctly noted. Only the last three digits are required.
  • Employment Status: Specify whether you are currently employed or not. If you are not employed, include details of your last employer.
  • Income Details: Report all sources of income, including employment, self-employment, and any other related income. Be thorough to avoid issues later.
  • Child Care Expenses: If applicable, include any monthly costs for work-related child care. If there are none, simply write “None.”
  • Health Insurance Coverage: Indicate whether the child(ren) are covered by health insurance and provide details on premiums paid.
  • Existing Child Support Obligations: Disclose any child support or alimony payments you are currently making for other cases.
  • Maintain Documentation: Keep all income documentation, including tax returns, as you may need to present these to the court.
  • Understand the Consequences: Be aware that providing false information can lead to serious legal penalties, including perjury.

Completing this form accurately is vital for ensuring that child support obligations are fair and based on true financial circumstances. Take your time to review each section carefully.