Code of Alabama

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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-3-193
Section 30-3-193 Requests for information by the state Title IV-D agency. (a) Subject to due
process safeguards, including requirements for notice, opportunity to contest the action,
and opportunity for an appeal on the record to a judicial tribunal, upon request from the
state Title IV-D agency, public and private entities and individuals as specified in this
section shall provide information when the state Title IV-D agency has reason to believe that
the information provides location information or otherwise assists in the administration of
the state's child support enforcement program. The information shall be available only for
the purposes prescribed herein. (b) The state Title IV-D agency shall be provided access to
information contained in the following records, including automated access from the governmental
entities maintaining the records: (1) State and local governmental agency records for vital
statistics including records of marriage, birth, paternity, death, and divorce....
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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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30-3-8
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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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full faith
and credit to an order issued by another state and consistent with this chapter which enforces
a child custody determination by a court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under Article 2. (Act 99-438,
p. 866, §1.)...
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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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30-3D-314
Section 30-3D-314 Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding
under this chapter before a responding tribunal, whether in person, by private attorney, or
through services provided by the support enforcement agency, does not confer personal jurisdiction
over the petitioner in another proceeding. (b) A petitioner is not amenable to service of
civil process while physically present in this state to participate in a proceeding under
this chapter. (c) The immunity granted by this section does not extend to civil litigation
based on acts unrelated to a proceeding under this chapter committed by a party while physically
present in this state to participate in the proceeding. (Act 2015-284, §1.)...
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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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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys,
and expenses for support, treatment of children under the jurisdiction of the juvenile court
pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts
directed. If, after making a parent, or other person legally obligated to care for and support
a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile
Procedure and after a hearing, the juvenile court finds that the parent or other person is
financially able to pay all or part of the court costs, as provided by law, attorney fees,
and expenses with respect to examination, treatment, care, detention, or support of the child
incurred from the commencement of the proceeding in carrying out this chapter, the juvenile
court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise
ordered, payment shall be made to the clerk of the juvenile court...
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