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30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold
support from income due and pay to designee; income withholding order issued by another state;
when order served on employer; delinquency of support payments. (a) Any provision of Section
8-5-21, to the contrary notwithstanding, any original decree, judgment, or order issued by
a court of this state for the payment of support, any decree or judgment entered pursuant
to a petition to modify an original decree or award of support, any decree or judgment of
contempt of court for failure to pay support as previously ordered by a court of this state,
or any decree or judgment for criminal or civil nonsupport shall include as a separate section
a withholding order subject to subsection (c) of this section directing any employer
of the obligor to withhold and pay over to the clerk of the court or the Department of Human
Resources, or its designee, whichever is appropriate, out of income due or to become...
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30-3D-502
Section 30-3D-502 Employer's compliance with income-withholding order of another state.
(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding
order issued in another state which appears regular on its face as if it had been issued by
a tribunal of this state. (c) Except as otherwise provided in subsection (d) and Section
30-3D-503, the employer shall withhold and distribute the funds as directed in the withholding
order by complying with terms of the order which specify: (1) the duration and amount of periodic
payments of current child support, stated as a sum certain; (2) the person designated to receive
payments and the address to which the payments are to be forwarded; (3) medical support, whether
in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to
provide health insurance coverage for the child under a policy...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support
orders; filing with clerk; service; hearing; issuance of order; contents; when order takes
effect; entry of support and withholding orders by different courts; termination of withholding.
(a) Section 8-5-21 to the contrary notwithstanding, and in addition to and independent
of any other remedy provided by law for the enforcement of support, the obligee, district
attorney, or representative of the Department of Human Resources may file with a court of
this state, as defined in this article, a petition seeking an order of income withholding.
Additionally, for all existing support orders issued in the State of Alabama that do not provide
for income withholding and upon the filing of an application for support services by the obligee
with the department, the department shall petition the court for an income withholding order
pursuant to this section. The obligee, district attorney, or representative of...
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30-3-67
Section 30-3-67 Withholding orders to have priority over garnishments or any other legal
process against the same income; maximum withholding allowable. Any order to withhold income
issued and served upon any employer of the obligor pursuant to this article shall have priority
over any writ of garnishment or any other state legal process against the same income of the
obligor whether the writ of garnishment or other process was served prior or subsequent to
the order of income withholding. Any order for income withholding issued pursuant to this
article may exceed the statutory maximum amounts prescribed in Section 6-10-7 for garnishment
proceedings in Alabama, but such order, including amounts taxed against the obligor as court
costs, may not exceed the maximum statutory amounts prescribed under federal law for garnishments
issued to enforce support obligations. Provided, if an obligor's income is subject to more
than one withholding order or a current writ of garnishment for child...
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30-3-66
Section 30-3-66 Obligor and employer to give notice of change of employment or termination
of income; service of order on new employer; cost of service. The obligor and any employer
upon whom an income withholding order has actually been served, including successive employers,
shall notify the court office collecting the support payments of any changes in employment
and the name and address, if known, of any new employer or of any termination of periodic
benefits which constitute income. The collecting office shall, in turn, notify the obligee
of any such change and of the right to file a written request for service upon any new employer
of the obligor. If the income withholding order has previously been served upon an employer,
upon the filing of a written request by the obligee indicating the name and address of any
new employer of the obligor and the payment of the actual cost of service as further provided
in this section, the clerk of the court shall cause to be served, pursuant...
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30-3D-305
Section 30-3D-305 Duties and powers of responding tribunal. (a) When a responding tribunal
of this state receives a petition or comparable pleading from an initiating tribunal or directly
pursuant to Section 30-3D-301(b), it shall cause the petition or pleading to be filed
and notify the petitioner where and when it was filed. (b) A responding tribunal of this state,
to the extent not prohibited by other law, may do one or more of the following: (1) establish
or enforce a support order, modify a child-support order, determine the controlling child-support
order, or determine parentage of a child; (2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance; (3) order income withholding; (4) determine
the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil
or criminal contempt, or both; (6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;...
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30-3D-319
Section 30-3D-319 Receipt and disbursement of payments. (a) A support enforcement agency
or tribunal of this state shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish to a requesting party
or tribunal of another state or a foreign country a certified statement by the custodian of
the record of the amounts and dates of all payments received. (b) If neither the obligor,
nor the obligee who is an individual, nor the child resides in this state, upon request from
the support enforcement agency of this state or another state, the support enforcement agency
or a tribunal of this state shall: (1) direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving services; and (2) issue
and send to the obligor's employer a conforming income-withholding order or an administrative
notice of change of payee, reflecting the redirected payments. (c) The support...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In
any case in which a noncustodial parent is required by a court or administrative order to
provide health care coverage for such child and the employer of the noncustodial parent is
known to the Department of Human Resources, the department shall use the federally required
medical support notice to provide notice to the employer of the requirement for employer-based
health care coverage for the child through the parent of the child who has been ordered to
provide health care coverage for the child unless a court or administrative order stipulates
that alternative health care coverage to employer-based coverage is to be provided for a child
subject to a Title IV-D child support order. In the case of an employer entered in the directory
of new hires pursuant to Section 25-11-5, the department shall send the federal medical
support notice to any employer of a noncustodial parent subject to the order within...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision
of Section 8-5-21, or any other law of this state to the contrary, notwithstanding,
and in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any original decree, judgment or order issued by any
court for the payment of restitution may, on motion of the victim, district attorney, probation
or parole officer, or the court, include an order directing any employer of the defendant
to withhold and pay over to the clerk of the court, out of the employment income due or to
become due the defendant at each pay period, an amount ordered to be paid as restitution.
(2) Such order shall recite the amount of the restitution obligation and shall require the
employer to withhold a definite amount from such income due or becoming due at each pay period
and pay such amount to the clerk of the court. Provided, if the restitution is...
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