Code of Alabama

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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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30-3D-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding
is brought under this chapter and only one tribunal has issued a child-support order, the
order of that tribunal controls and must be recognized. (b) If a proceeding is brought under
this chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
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30-3D-701
Section 30-3D-701 Definitions. In this article: (1) "Application" means a
request under the Convention by an obligee or obligor, or on behalf of a child, made through
a central authority for assistance from another central authority. (2) "Central authority"
means the entity designated by the United States or a foreign country described in Section
30-3D-102(5)(D) to perform the functions specified in the Convention. (3) "Convention
support order" means a support order of a tribunal of a foreign country described in
Section 30-3D-102(5)(D). (4) "Direct request" means a petition filed by an
individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child
residing outside the United States. (5) "Foreign central authority" means the entity
designated by a foreign country described in Section 30-3D-102(5)(D) to perform the
functions specified in the Convention. (6) "Foreign support agreement": (A) means
an agreement for support in a record that: (i) is...
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30-3D-704
Section 30-3D-704 Initiation by the Department of Human Resources of support proceeding
under Convention. (a) In a support proceeding under this article, the Department of Human
Resources shall: (1) transmit and receive applications; and (2) initiate or facilitate the
institution of a proceeding regarding an application in a tribunal of this state. (b) The
following support proceedings are available to an obligee under the Convention: (1) recognition
or recognition and enforcement of a foreign support order; (2) enforcement of a support order
issued or recognized in this state; (3) establishment of a support order if there is no existing
order, including, if necessary, determination of parentage of a child; (4) establishment of
a support order if recognition of a foreign support order is refused under Section
30-3D-708(b)(2), (4), or (9); (5) modification of a support order of a tribunal of this state;
and (6) modification of a support order of a tribunal of another state or a foreign...
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30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency
of this state, upon request, shall provide services to a petitioner in a proceeding under
this chapter. (b) A support enforcement agency of this state that is providing services to
the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this
state, another state, or a foreign country to obtain jurisdiction over the respondent; (2)
request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
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30-3D-308
Section 30-3D-308 Duty of Attorney General. (a) If the Attorney General determines that
the support enforcement agency is neglecting or refusing to provide services to an individual,
the Attorney General may order the agency to perform its duties under this chapter or may
provide those services directly to the individual. (b) The Attorney General may determine
that a foreign country has established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the determination. (Act 2015-284, §1.)...

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30-3D-615
Section 30-3D-615 Jurisdiction to modify child-support order of foreign country. (a)
Except as otherwise provided in Section 30-3D-711, if a foreign country lacks or refuses
to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal
of this state may assume jurisdiction to modify the child-support order and bind all individuals
subject to the personal jurisdiction of the tribunal whether the consent to modification of
a child-support order otherwise required of the individual pursuant to Section 30-3D-611
has been given or whether the individual seeking modification is a resident of this state
or of the foreign country. (b) An order issued by a tribunal of this state modifying a foreign
child-support order pursuant to this section is the controlling order. (Act 2015-284,
§1.)...
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30-3D-711
Section 30-3D-711 Modification of Convention child-support order. (a) A tribunal of
this state may not modify a Convention child-support order if the obligee remains a resident
of the foreign country where the support order was issued unless: (1) the obligee submits
to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits
of the case without objecting to the jurisdiction at the first available opportunity; or (2)
the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order
or issue a new support order. (b) If a tribunal of this state does not modify a Convention
child-support order because the order is not recognized in this state, Section 30-3D-708(c)
applies. (Act 2015-284, §1.)...
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30-3D-204
Section 30-3D-204 Simultaneous proceedings. (a) A tribunal of this state may exercise
jurisdiction to establish a support order if the petition or comparable pleading is filed
after a pleading is filed in another state or a foreign country only if: (1) the petition
or comparable pleading in this state is filed before the expiration of the time allowed in
the other state or the foreign country for filing a responsive pleading challenging the exercise
of jurisdiction by the other state or the foreign country; (2) the contesting party timely
challenges the exercise of jurisdiction in the other state or the foreign country; and (3)
if relevant, this state is the home state of the child. (b) A tribunal of this state may not
exercise jurisdiction to establish a support order if the petition or comparable pleading
is filed before a petition or comparable pleading is filed in another state or a foreign country
if: (1) the petition or comparable pleading in the other state or foreign country is...
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30-3D-105
Section 30-3D-105 Application of chapter to resident of foreign country and foreign
support proceeding. (a) A tribunal of this state shall apply Articles 1 through 6 and, as
applicable, Article 7, to a support proceeding involving: (1) a foreign support order; (2)
a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b)
A tribunal of this state that is requested to recognize and enforce a support order on the
basis of comity may apply the procedural and substantive provisions of Articles 1 through
6. (c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding,
if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls.
(Act 2015-284, §1.)...
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