The order of retroactive support shall be a sum certain judgment and may cover all periods in which the non-supporting parent failed to provide support. For all time periods in which support is requested, the court shall consider the needs of the child or children and the ability of the parents to respond to these needs, and shall determine the amount of support due for each period by application of the child support guidelines found in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during the time period for which support is sought. If the judgment for retroactive support includes support due for a period of time in which aid was paid by the Department of Human Resources and an assignment of support rights thereby exists under Section 38-10-4 and Section 38-10-5, the department shall be entitled to recover any support due the department under Section 38-10-6.
(Acts 1994, No. 94-213, p. 298, §5.)
Notes of Decisions
Cited in
7
cases, 1998–2013 · leading case:
Santiago v. Santiago, 122 So. 3d 1270 (Ala. Civ. App. 2013).
Santiago v. Santiago, 122 So. 3d 1270 (Ala. Civ. App. 2013).
· cites it 4× “Cross-appeal In her cross-appeal, the wife first contends that the trial court failed to grant her a “sum certain” amount of retroactive child support that, she maintains, was required pursuant to § 30-3-114, Ala.Code 1975. We find the wife’s reliance on § 30-3-114 to be…”
Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012).
· cites it 3× “We also reverse the trial court’s award of retroactive child support because the trial court erred by improperly calculating the amount of support due under § 30-3-114. The cause is therefore remanded to the trial court with instructions to vacate its child-custody determination…”
P.Y.W. v. G.U.W., 858 So. 2d 265 (Ala. Civ. App. 2003).
· cites it 4× “On remand, the trial court is instructed to make an award of retroactive child support in accordance with the requirements of § 30-3-114, applying the child-support guidelines of Rule 32, Ala.”
A.B. v. J.B., 40 So. 3d 723 (Ala. Civ. App. 2009).
· cites it 2× “As recognized in § 30-3-114, an award of retroactive child support is calculated pursuant to the child-support guidelines in effect for the period the child support is awarded.”
Calloway v. Mitchell, 718 So. 2d 65 (Ala. Civ. App. 1998).
“He insists that the court erred in failing to grant him a “sum certain,” as provided in § 30-3-114. By Act No. 94-213, § 1, Ala. Acts 1994, codified at § 30-3-110, the legislature created “a civil action to establish an order of retroactive support which may be brought against a…”
Pyw v. Guw, 858 So. 2d 265 (Ala. Civ. App. 2003).
· cites it 4× “On remand, the trial court is instructed to make an award of retroactive child support in accordance with the requirements of § 30-3-114, applying the child-support guidelines of Rule 32, Ala.”
Ab v. Jb, 40 So. 3d 723 (Ala. Civ. App. 2009).
· cites it 2× “As recognized in § 30-3-114, an award of retroactive child support is calculated pursuant to the child-support guidelines in effect for the period the child support is awarded.”
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