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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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30-3-61
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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30-3-67
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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30-3-171
Section 30-3-171 Issuance of notice to withhold, etc., license. Upon application to
the department for support services by an obligee alleging the existence of a delinquency
or failure to comply with subpoenas or warrants relating to paternity or child support proceedings,
the department may, upon an administrative determination that there is a delinquency or a
failure to comply, issue a notice of intent to withhold, restrict use of, or suspend a license.
The notice shall be served upon the obligor personally or by certified mail or as otherwise
provided in the Alabama Rules of Civil Procedure. The notice shall state that licenses granted
by licensing authorities of the State of Alabama and held by the obligor may be suspended
60 days after service unless, within that time, the obligor does one of the following as appropriate
based on reason for suspension: (1) Pays the entire support debt stated in the notice. (2)
Enters into a payment plan approved by the department or its agent. (3)...
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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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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk
or juvenile court clerk, or their employees, with responsibility for docketing or otherwise
carrying out the court's clerical duties in regard to domestic relations matters, support
and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT.
Any juvenile or family court division of the circuit or district court in the county where
the mother of the child resides or is found, in the county where the father resides or is
found, or in the county where the child resides or is found and, in the case of a petition
seeking a divorce or legal separation, a petition seeking a modification of support previously
ordered under a divorce decree or a petition seeking a contempt citation for failure to pay
support previously ordered under a divorce decree, the circuit court or the domestic...
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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
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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15-18-150
Section 15-18-150 Employment income withholding order - Priority. Any order issued pursuant
to the provisions of this article directing any person to withhold, convey, assign, transfer,
deliver, disburse or pay over any employment income, other income, or asset or requiring the
attachment thereof, shall have priority over any writ or notice of garnishment or process
or writ of attachment subsequently served on such person; provided, however, an employment
income withholding order issued pursuant to this article shall not have priority over any
employment income withholding order or notice of garnishment for the support of a defendant's
dependent children; and provided further, that any court order for employment income withholding
issued pursuant to this article may exceed the maximum amounts which is or may be hereafter
prescribed by law for garnishment proceeding in Alabama. (Acts 1984, No. 84-370, p. 859, ยง11.)...
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