|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-67.htm - 1K - Match Info - Similar pages
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, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-150.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-61.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-62.htm - 9K - Match Info - Similar pages
30-3-64
Section 30-3-64 Employer's answer; order binding on employer; modification by court.
Within 14 days of the service of an income withholding order upon an employer, the employer
shall file an answer with the court which issued the order. The answer shall state whether
or not the obligor is employed by the employer and whether the employer has in his or its
possession income, as such term is defined in this article, due or due to become due to the
obligor. The answer shall also indicate the amount of the obligor's disposable income, as
such term is defined in the Federal Consumer Credit Act, and whether the obligor's disposable
income is currently subject to any writ of garnishment, previous income withholding order
or other legal process and the nature and extent of such previous judgment and process. If
the employer answers that the obligor has income which is subject to the order for income
withholding the order entered pursuant to any of the provisions of this article shall become...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-64.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-102.htm - 7K - Match Info - Similar pages
40-29-23.1
Section 40-29-23.1 Development and operation of financial institution data match program.
(a) For purposes of this section the following terms shall have the following meanings:
(1) ACCOUNT. A demand deposit account, checking account, negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual fund account. (2) ACCOUNT HOLDER.
A person or persons authorized to perform transactions on behalf of an account. (3) DELINQUENT
TAXPAYER. A taxpayer with an outstanding tax liability for which a final assessment has been
entered that is no longer subject to appeal under the Alabama Taxpayer's Bill of Rights, so
that the assessment is final, due, and owing, and for whom both of the following conditions
are true: a. The tax liability remains unpaid after 10 days from the issuance of a final notice
before seizure by the department. b. The person is not making current timely installment payments
on the tax liability under agreement with the department. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-23.1.htm - 5K - Match Info - Similar pages
19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this
section: (1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation,
assignment at law or in equity, alienation, attachment, garnishment, levy, execution, or other
legal or equitable process. The term includes: (i) any arrangement providing for the payment
to the employer or other sponsor of such plan of benefits that otherwise would be due the
participant under the plan; (ii) any direct or indirect arrangement, whether revocable or
irrevocable, whereby any person acquires from a participant or beneficiary of such plan a
right or interest enforceable against the plan in, or to, all or any part of a plan benefit
which is, or may become, payable to the participant or beneficiary; (iii) any attachment,
execution, seizure, or the like, or under any form of legal process whatsoever; and (iv) the
operation of any bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-508.htm - 6K - Match Info - Similar pages
39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a)
As used in this section the following words shall have the meanings ascribed to them
as follows: (1) CONTRACTOR. Any natural person, partnership, company, firm, corporation, association,
limited liability company, cooperative, or other legal entity licensed by the Alabama State
Licensing Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is
neither a. organized and existing under the laws of the State of Alabama, nor b. maintains
its principal place of business in the State of Alabama. A nonresident contractor which has
maintained a permanent branch office within the State of Alabama for at least five continuous
years shall not thereafter be deemed to be a nonresident contractor so long as the contractor
continues to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging
to the contractor which has been retained by the awarding authority conditioned on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-2-12.htm - 18K - Match Info - Similar pages
41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16A-5.htm - 12K - Match Info - Similar pages
|