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30-3D-401
Section 30-3D-401 Establishment of support order. (a) If a support order entitled to
recognition under this chapter has not been issued, a responding tribunal of this state with
personal jurisdiction over the parties may issue a support order if: (1) the individual seeking
the order resides outside this state; or (2) the support enforcement agency seeking the order
is located outside this state. (b) The tribunal may issue a temporary child-support order
if the tribunal determines that such an order is appropriate and the individual ordered to
pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing; (4) an alleged father who
has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be
the father of the child; (6) an acknowledged father as provided by Section 26-17-101
et seq.; (7) the mother of the child; or (8) an individual who has been ordered to pay...
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30-3D-603
Section 30-3D-603 Effect of registration for enforcement. (a) A support order or income-withholding
order issued in another state or a foreign support order is registered when the order is filed
in the registering tribunal of this state. (b) A registered support order issued in another
state or a foreign country is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state. (c) Except as otherwise provided in this chapter,
a tribunal of this state shall recognize and enforce, but may not modify, a registered support
order if the issuing tribunal had jurisdiction. (Act 2015-284, §1.)...
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30-3D-105
Section 30-3D-105 Application of chapter to resident of foreign country and foreign
support proceeding. (a) A tribunal of this state shall apply Articles 1 through 6 and, as
applicable, Article 7, to a support proceeding involving: (1) a foreign support order; (2)
a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b)
A tribunal of this state that is requested to recognize and enforce a support order on the
basis of comity may apply the procedural and substantive provisions of Articles 1 through
6. (c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding,
if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls.
(Act 2015-284, §1.)...
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30-3D-604
Section 30-3D-604 Choice of law. (a) Except as otherwise provided in subsection (d),
the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and
duration of current payments under a registered support order; (2) the computation and payment
of arrearages and accrual of interest on the arrearages under the support order; and (3) the
existence and satisfaction of other obligations under the support order. (b) In a proceeding
for arrears under a registered support order, the statute of limitation of this state, or
of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal
of this state shall apply the procedures and remedies of this state to enforce current support
and collect arrears and interest due on a support order of another state or a foreign country
registered in this state. (d) After a tribunal of this state or another state determines which
is the controlling order and issues an order consolidating arrears, if...
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30-3D-104
Section 30-3D-104 Remedies cumulative. (a) Remedies provided by this chapter are cumulative
and do not affect the availability of remedies under other law or the recognition of a foreign
support order on the basis of comity. (b) This chapter does not: (1) provide the exclusive
method of establishing or enforcing a support order under the law of this state; or (2) grant
a tribunal of this state jurisdiction to render judgment or issue an order relating to child
custody or visitation in a proceeding under this chapter. (Act 2015-284, §1.)...
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30-3D-607
Section 30-3D-607 Contest of registration or enforcement. (a) A party contesting the
validity or enforcement of a registered support order or seeking to vacate the registration
has the burden of proving one or more of the following defenses: (1) the issuing tribunal
lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order; (4) the issuing tribunal
has stayed the order pending appeal; (5) there is a defense under the law of this state to
the remedy sought; (6) full or partial payment has been made; (7) the statute of limitation
under Section 30-3D-604 precludes enforcement of some or all of the alleged arrearages;
or (8) the alleged controlling order is not the controlling order. (b) If a party presents
evidence establishing a full or partial defense under subsection (a), a tribunal may stay
enforcement of a registered support order, continue the proceeding to permit production of...
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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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30-3-197
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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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise
original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage
pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under
the respective legal age to marry, to be employed, withdraw from school, or enlist in military
service when this consent is required by law. (3) Proceedings for the commitment of a minor
or child with mental illness or an intellectual disability to the Department of Mental Health,
as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the
adoption of a child when these proceedings have been transferred from probate court as provided
by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant
to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the
Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...
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