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30-3D-705
Section 30-3D-705 Direct request. (a) A petitioner may file a direct request seeking establishment
or modification of a support order or determination of parentage of a child. In the proceeding,
the law of this state applies. (b) A petitioner may file a direct request seeking recognition
and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706
through 30-3D-713 apply. (c) In a direct request for recognition and enforcement of a Convention
support order or foreign support agreement: (1) a security, bond, or deposit is not required
to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the
issuing country has benefited from free legal assistance is entitled to benefit, at least
to the same extent, from any free legal assistance provided for by the law of this state under
the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance
from the Department of Human Resources. (e) This article...
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30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
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26-17-313
Section 26-17-313 Release of information. The affidavit of paternity shall be considered a
confidential record and access shall be available in the same manner as birth records. The
affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall
be released by the Office of Vital Statistics to the Department of Human Resources upon request
by the department and payment of any fee required by the Office of Vital Statistics for the
purpose of child support enforcement or any other lawful purpose without the necessity of
a court order. (Act 2008-376, p. 666, ยง2.)...
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38-10-2
Section 38-10-2 Definitions. (a) As used in this article, the following terms shall have the
following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department
of Human Resources of the State of Alabama, including the state and county departments of
human resources. (2) CHILD. A child as described or defined by the Social Security Act and
amendments thereto and by state law. (3) SUPPORT. Support of a minor child and spousal support
when such spousal support is incidental to child support as required by Title IV-D of the
Social Security Act. (4) SUPPORT PROGRAMS. Locating absent parents, establishing paternity,
establishing or modifying support orders, enforcing support orders, collecting support and
related matters as described or defined by the Social Security Act and amendments thereto
and by state law. (5) ADC, AFDC, AID TO DEPENDENT CHILDREN, and AID TO FAMILIES WITH DEPENDENT
CHILDREN. Such terms shall have the same meaning and shall refer to the...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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30-3-172
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal;
suspension of license. (a) Upon receipt of a request for a hearing, the department shall schedule
a hearing for the purpose of determining if withholding, restricted use, or suspension of
the obligor's license is appropriate. The department shall stay withholding, restricted use,
or suspension of the license pending the outcome of the hearing. The hearing shall be for
the purpose of contesting the determination of the department of all of the following: (1)
That the obligor is at least six months delinquent in child support payments. (2) That the
obligor has not entered into a payment plan approved by the department. (3) If appropriate,
that the obligor has failed to comply with a warrant or subpoena relating to a paternity or
child support case. (4) That the withholding, restricted use, or suspension of the license
is appropriate. No evidence with respect to the appropriateness of the support...
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11-44B-11
Section 11-44B-11 City clerk, finance director, revenue director, city attorney, assistant
city attorneys, and city department heads continued in office; powers and duties; claims against
city; financial records; warrants; deposit of public money; payment of moneys due municipality;
office space, supplies, and other support. (a) If the city clerk of any city which adopts
the mayor-council form of government as herein provided holds office subject to any civil
service or merit system, such clerk shall continue to be the city clerk under the mayor-council
form of government of such city and his successors shall be selected and hold office subject
to the provisions of such civil service or merit system. The city clerk shall attend the meetings
of the council and keep a record of its proceedings. He shall have the custody of the rules,
ordinances and resolutions of the council and shall keep a record of them when adopted by
the council. He shall also have the custody of the city seal....
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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30-3-63
Section 30-3-63 Filing fees and costs. (a) When a petition seeking an order of income withholding
as provided in subsection (a) of Section 30-3-62 is initiated in any case which does not arise
pursuant to Title IV-D of the Social Security Act, there shall be collected, by the clerk
of the court, the filing fee prescribed for other civil cases, generally, as set forth in
Section 12-19-71 and other applicable statutes. The fee shall be collected by the clerk at
the time the proceeding is initiated and shall be disbursed as provided in Section 12-19-72
and other appropriate provisions of law. Provided, that when representing or otherwise acting
on behalf of the obligee neither the State of Alabama nor any agency thereof, nor any person
whom the court finds incapable of payment, upon execution of an affidavit of substantial hardship,
as provided in Section 12-19-70, shall be required to pay the fees prescribed by this subsection.
The court may order all costs taxed against the obligor to...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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