|
19-3B-504
Section 19-3B-504 Discretionary trusts; effect of standard. (a) In this section,
the terms "child", "spouse", or "former spouse" include any
person for whom an order or judgment for child or spousal support has been entered in this
or another state. (b) Except as otherwise provided in subsection (c), whether or not a trust
contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution
that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the
form of a standard of distribution; or (2) the trustee has abused the discretion. (c) To the
extent a trustee has not complied with a standard of distribution or has abused a discretion:
(1) a distribution may be ordered by the court to satisfy a judgment or court order against
the beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse;
and (2) the court shall direct the trustee to pay to the child, spouse, or former spouse such
amount as is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-504.htm - 2K - Match Info - Similar pages
15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-60.htm - 4K - Match Info - Similar pages
26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise
provided in subsection (b), a determination of parentage is binding on: (1) all signatories
to an acknowledgement as provided in Article 3; and (2) all parties to an adjudication by
a court acting under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201. (b) A child is not bound by a determination of parentage under this chapter unless
the child was a party or was represented in the proceeding determining parentage by a guardian
ad litem. (c) In a proceeding to dissolve a marriage, the court is deemed to have made an
adjudication of the parentage of a child if the court acts under circumstances that satisfy
the jurisdictional requirements of Section 30-3A-201, and the final order expressly
identifies a child as a "child of the marriage," "issue of the marriage,"
or similar words indicating that the husband is the father of the child. (d) Except as otherwise
provided in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17-637.htm - 1K - Match Info - Similar pages
30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-3.htm - 2K - Match Info - Similar pages
22-11A-34
Section 22-11A-34 Law enforcement officers to convey person to custody of Department
of Public Health; public health facilities to report on progress of persons committed. The
probate judge shall order one or more persons or law enforcement officers to convey any person
committed to the custody of the Alabama Department of Public Health to such facility as designated
by the department or to the custody of such other facility as the court may order, and all
necessary expenses incurred by the persons or officers conveying such person shall be taxed
as costs of the proceeding. Such facilities shall report to the probate judge as to the progress
of all persons who have been committed therein. Such reports shall be made as often as may
be ordered by the probate court. (Acts 1987, No. 87-574, p. 904, ยง34.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-34.htm - 1K - Match Info - Similar pages
26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator,
or any other interested person may petition the court to terminate the conservatorship. A
protected person seeking termination is entitled to the same rights and procedures as in an
original proceeding for a protective order. If the conservator has accounted to the formerly
protected person, no accounting is necessary. The court, upon determining after notice and
hearing that the minority or disability of the protected person has ceased, shall terminate
the conservatorship. Upon termination, title to assets of the estate passes to the formerly
protected person or to successors. The order of termination must provide for expenses of administration
and direct the conservator to execute appropriate instruments to evidence the transfer. (b)
A conservator appointed by any court of this state, on termination or removal of the protected
person's minority or disability, may present a verified petition to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-158.htm - 1K - Match Info - Similar pages
44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall
have the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-1-2.htm - 4K - Match Info - Similar pages
26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-20.htm - 4K - Match Info - Similar pages
45-4-233
Section 45-4-233 Work Release board; powers and duties; work release fund; escape of
inmates from custody. In Bibb County, the sheriff shall execute every order from every court
in Bibb County to subpoena witnesses as provided in Section 12-21-180, or the service
may be made by first class mail as follows: It shall be the duty of the sheriff of the county
to enclose the subpoenas in an envelope addressed to the person to be served and place all
necessary postage and a return address thereon. In the event the witness subpoena is returned
to the sheriff by the post office department of the United States without delivery, the subpoena
shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff
by the post office department shall be considered for all purposes as sufficient personal
and legal service. It is specifically provided, however, that, if the party calling a witness
expressly requests in writing that the subpoena be delivered to such witness...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-233.htm - 5K - Match Info - Similar pages
12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203
or the juvenile court otherwise orders in the interests of the child or of national security,
the law enforcement records and files with respect to the child shall not be open to public
inspection nor their contents disclosed to the public. (b) Law enforcement records and files
described in subsection (a) shall be open to inspection and copying by the following: (1)
A juvenile court having a child currently before it in any proceeding. (2) Personnel of the
Department of Human Resources, the Department of Youth Services, public and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-134.htm - 4K - Match Info - Similar pages
|