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30-3D-304
Section 30-3D-304 Duties of initiating tribunal. (a) Upon the filing of a petition authorized
by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying
documents: (1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or (2) if the identity of the responding tribunal is unknown, to the state
information agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged. (b) If requested by the responding tribunal, a
tribunal of this state shall issue a certificate or other document and make findings required
by the law of the responding state. If the responding tribunal is in a foreign country, upon
request the tribunal of this state shall specify the amount of support sought, convert that
amount into the equivalent amount in the foreign currency under applicable official or market
exchange rate as publicly reported, and provide any other...
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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
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38-10-8
Section 38-10-8 Disposition of child support payments collected pursuant to judicial actions.
Support collections, in cases in which an assignment has been made to the department and after
the support payment has been made to the appropriate collection agent pursuant to this article,
shall be paid directly to the state department and distribution shall be made by the state
department in accordance with the provisions of the Social Security Act and amendments thereto.
Support collections in cases where there is not an assignment to the department but services
are otherwise being provided pursuant to the requirements of Title IV-D shall be accounted
for and distributed by the state department in accordance with rules published and provided
by the department. When an obligor is subject to more than one support order being enforced
by the department and the amount received from the obligor for distribution is not sufficient
to satisfy the total amount due under all of the orders,...
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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...
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30-3-8
Section 30-3-8 Publication of delinquent obligor lists. (a) The Department of Human Resources,
Child Support Enforcement Division, may establish a program for the publication, in newspapers
with general circulation throughout the state, of a listing of 10 child support obligors in
any county who are delinquent in their support payments. Each publication shall display photographs
of and information about the 10 obligors in any county who are liable for support arrearages
and whose whereabouts are unknown to child support agencies. Each publication shall list a
toll-free telephone number for the division that may be called to report information regarding
the whereabouts of any of the obligors displayed in the publication. The department may include
any other information in the publication that it considers appropriate. (b) Prior to any publication
or public listing, the Department of Human Resources shall send to each obligor whose name
will be published pursuant to this section a notice...
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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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30-3D-313
Section 30-3D-313 Costs and fees. (a) The petitioner may not be required to pay a filing fee
or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess
against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel
and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the support enforcement agency
of either the initiating or responding state or foreign country, except as provided by other
law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney,
who may enforce the order in the attorney's own name. Payment of support owed to the obligee
has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs
and reasonable attorney's fees if it determines that a hearing was requested primarily for
delay. In a proceeding under Article 6, a hearing is presumed to...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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30-3-170
Section 30-3-170 Definitions. When used in this article, the following words shall have the
following meanings: (1) COURT. A court of competent jurisdiction or administrative agency
having the authority to issue and enforce support orders. (2) DELINQUENT or DELINQUENCY. A
support debt or support obligation due and unpaid in an amount equal to or greater than six
months support payments as of the date of service of a notice of intent to suspend or revoke
a license. (3) DEPARTMENT. The Alabama Department of Human Resources, including the county
departments of human resources. (4) LICENSE. Any license, certificate, registration, or authorization
issued by a licensing authority which grants a person a right or privilege to engage in an
occupational, professional, sporting, or recreational activity, or to operate a motor vehicle.
(5) LICENSEE. The holder of a license. (6) LICENSING AUTHORITY. Any department, division,
board, agency, or instrumentality of the State of Alabama or its...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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