30-3-63
Section 30-3-63 Filing fees and costs. (a) When a petition seeking an order of income withholding
as provided in subsection (a) of Section 30-3-62 is initiated in any case which does not arise
pursuant to Title IV-D of the Social Security Act, there shall be collected, by the clerk
of the court, the filing fee prescribed for other civil cases, generally, as set forth in
Section 12-19-71 and other applicable statutes. The fee shall be collected by the clerk at
the time the proceeding is initiated and shall be disbursed as provided in Section 12-19-72
and other appropriate provisions of law. Provided, that when representing or otherwise acting
on behalf of the obligee neither the State of Alabama nor any agency thereof, nor any person
whom the court finds incapable of payment, upon execution of an affidavit of substantial hardship,
as provided in Section 12-19-70, shall be required to pay the fees prescribed by this subsection.
The court may order all costs taxed against the obligor to...
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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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30-3D-501
Section 30-3D-501 Employer's receipt of income-withholding order of another state. An income-withholding
order issued in another state may be sent by or on behalf of the obligee, or by the support
enforcement agency, to the person defined as the obligor's employer under the income-withholding
law of this state without first filing a petition or comparable pleading or registering the
order with a tribunal of this state. (Act 2015-284, §1.)...
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30-3-66
Section 30-3-66 Obligor and employer to give notice of change of employment or termination
of income; service of order on new employer; cost of service. The obligor and any employer
upon whom an income withholding order has actually been served, including successive employers,
shall notify the court office collecting the support payments of any changes in employment
and the name and address, if known, of any new employer or of any termination of periodic
benefits which constitute income. The collecting office shall, in turn, notify the obligee
of any such change and of the right to file a written request for service upon any new employer
of the obligor. If the income withholding order has previously been served upon an employer,
upon the filing of a written request by the obligee indicating the name and address of any
new employer of the obligor and the payment of the actual cost of service as further provided
in this section, the clerk of the court shall cause to be served, pursuant...
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30-3D-506
Section 30-3D-506 Contest by obligor. (a) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state and received directly by an employer
in this state by registering the order in a tribunal of this state and filing a contest to
that order as provided in Article 6, or otherwise contesting the order in the same manner
as if the order had been issued by a tribunal of this state. (b) The obligor shall give notice
of the contest to: (1) a support enforcement agency providing services to the obligee; (2)
each employer that has directly received an income-withholding order relating to the obligor;
and (3) the person designated to receive payments in the income-withholding order or, if no
person is designated, to the obligee. (Act 2015-284, §1.)...
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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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30-3D-504
Section 30-3D-504 Immunity from civil liability. An employer that complies with an income-withholding
order issued in another state in accordance with this article is not subject to civil liability
to an individual or agency with regard to the employer's withholding of child support from
the obligor's income. (Act 2015-284, §1.)...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile
court clerk, or their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support and nonsupport
cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile
or family court division of the circuit or district court in the county where the mother of
the child resides or is found, in the county where the father resides or is found, or in the
county where the child resides or is found and, in the case of a petition seeking a divorce
or legal separation, a petition seeking a modification of support previously ordered under
a divorce decree or a petition seeking a contempt citation for failure to pay support previously
ordered under a divorce decree, the circuit court or the domestic...
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