43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal representative,
if any, a petition for the elective share within six months after the date of death, or within
six months after the probate of the decedent's will, whichever limitation last expires. The
court may extend the time for election for cause shown by the surviving spouse before the
time for election has expired. (b) The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate whose interests will be adversely
affected by the taking of the elective share. (c) The surviving spouse may withdraw his demand
for an elective share at any time before entry of a final determination by the court. (d)
After notice and hearing, the court shall determine the amount...
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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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30-3C-5
Section 30-3C-5 Jurisdiction. (a) A petition under this chapter may be filed only in a court
that has jurisdiction to make a child-custody determination with respect to the child at issue
under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this title.
(b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction
to take action under this chapter if a child is present in this state and the court finds
there is a credible risk of abduction. (Act 2010-212, p. 339, §5.)...
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36-21-10
Section 36-21-10 Minimum starting salary for county law enforcement officers; enforcement;
definition. (a) All law enforcement officers employed by any county of this state who are
employed as a full-time law enforcement officer shall make at least $1,300.00 per month starting
salary. (b) The provisions of this section may be enforced in any court of competent jurisdiction
in this state by an action brought by any citizen seeking a writ of mandamus, mandatory injunction,
or other proper remedy, and the court trying the cause may order the suspension or forfeiture
of the salary, expenses, or other compensation of the members of the governing body failing
or refusing to comply with the provisions of this section. (c) Members of the governing body
or sheriff of any county are hereby expressly prohibited from requiring law enforcement officers
affected by this section to work any more hours than they were normally working in order to
circumvent the provisions of this section. (d) If for...
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8-17-92
Section 8-17-92 Injunctive relief. (a) In addition to penalty and other enforcement provisions
of this division and notwithstanding the existence of another adequate remedy, the circuit
court shall have jurisdiction for cause shown to grant a temporary restraining order or permanent
injunction, or both, restraining and enjoining any person from violation or continuing to
violate any requirements of this division declared to be unlawful. (b) Any such person may
also be restrained or enjoined from selling, offering for sale, storing, or using any petroleum
product without having a permit as required by Section 8-17-96, from selling, distributing,
offering for sale, storing, or using in this state any petroleum product upon which the inspection
fee imposed by Section 8-17-87 is not paid or from otherwise violating any of the provisions
and requirements of this chapter. (c) Such injunction or restraining order shall be issued
without bond. (d) Any action commenced under this section shall...
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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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30-3C-10
Section 30-3C-10 Duration of abduction prevention order. An abduction prevention order remains
in effect until the earliest of: (1) the time stated in the order; (2) the emancipation of
the child; (3) the child's attaining 19 years of age; or (4) the time the order is modified,
revoked, vacated, or superseded by a court with jurisdiction under Sections 30-3B-201 through
30-3B-203 of the Uniform Child Custody Jurisdiction and Enforcement Act. (Act 2010-212, p.
339, §10.)...
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30-3D-607
Section 30-3D-607 Contest of registration or enforcement. (a) A party contesting the validity
or enforcement of a registered support order or seeking to vacate the registration has the
burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal
jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order
has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed
the order pending appeal; (5) there is a defense under the law of this state to the remedy
sought; (6) full or partial payment has been made; (7) the statute of limitation under Section
30-3D-604 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged
controlling order is not the controlling order. (b) If a party presents evidence establishing
a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered
support order, continue the proceeding to permit production of...
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31-13-6
Section 31-13-6 Enforcement of and compliance with state immigration laws; information relating
to immigration status; violations; penalties. (a) No official or agency of this state or any
political subdivision thereof, including, but not limited to, an officer of a court of this
state, may adopt a policy or practice that limits or restricts the enforcement of this chapter
to less than the full extent permitted by this chapter or that in any way limits communication
between its officers or officials in furtherance of the enforcement of this chapter. If, in
the judgment of the Attorney General of Alabama, an official or agency of this state or any
political subdivision thereof, including, but not limited to, an officer of a court of this
state, is in violation of this subsection, the Attorney General shall report any violation
of this subsection to the Governor and the state Comptroller and that agency or political
subdivision shall not be eligible to receive any funds, grants, or...
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15-5-64
Section 15-5-64 Determination of abandonment. In order for property or proceeds to be deemed
abandoned, a representative of the law enforcement agency having possession of abandoned property
or proceeds shall file with the district attorney a sworn affidavit setting forth the circumstances
of the abandonment, including the results of a search of records to identify the owner or
lienholders. The records to be searched shall include records of the Alabama Department of
Revenue, judge of probate, and the Secretary of State. After the filing of the affidavit,
the district attorney or Attorney General may file an action in the circuit court to declare
the property or proceeds abandoned. If the location of the owner, registrant, secured party,
or lienholder is unknown, service shall be made at the last known address of the current owner,
registrant, secured party, or lienholder, as well as by publication on a governmental web
site or a newspaper of general circulation for a period of three...
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