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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-204.htm - 1K - Match Info - Similar pages
30-3D-306
Section 30-3D-306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-306.htm - 652 bytes - Match Info - Similar pages
30-3-93
Section 30-3-93 (Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Documents filed with clerk; service on obligor; hearing; withholding by court of this state. Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. (Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §2; Acts 1997, No. 97-245, p. 398, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-93.htm - 673 bytes - Match Info - Similar pages
30-3D-201
Section 30-3D-201 Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) the individual is personally served with summons within this state; (2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in this state; (4) the individual resided in this state and provided prenatal expenses or support for the child; (5) the child resides in this state as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; (7) the individual asserted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-201.htm - 2K - Match Info - Similar pages
30-3D-103
Section 30-3D-103 State tribunal and support enforcement agency. (a) The court of this state authorized to establish, enforce, or modify a support order or to determine parentage is the tribunal of this state. (b) The Department of Human Resources is the support enforcement agency of this state. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-103.htm - 635 bytes - Match Info - Similar pages
27-21B-3
Section 27-21B-3 Power to conduct investigations. The Alabama Medicaid Agency is authorized and empowered to conduct investigations to determine whether a medical support order exists or eligibility for enrollment of a recipient in a parent's family health coverage exists. The parents of any child who is a recipient shall cooperate in this investigation. State agencies may share information regarding parentage and support orders. (Acts 1994, No. 94-710, p. 1377, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-21B-3.htm - 779 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-701.htm - 1K - Match Info - Similar pages
30-3D-706
Section 30-3D-706 Registration of Convention support order. (a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Article 6. (b) Notwithstanding Sections 30-3D-311 and 30-3D-602(a), a request for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law; (2) a record stating that the support order is enforceable in the issuing country; (3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-706.htm - 2K - Match Info - Similar pages
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period. (b) If the court determines that a hearing is not necessary, the court may rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
30-3D-710
Section 30-3D-710 Foreign support agreement. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; and (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) the agreement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-710.htm - 1K - Match Info - Similar pages
|