Code of Alabama

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30-3D-616
Section 30-3D-616 Procedure to register child-support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign
child-support order not under the Convention may register that order in this state under Sections
30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification
may be filed at the same time as a request for registration, or at another time. The petition
must specify the grounds for modification. (Act 2015-284, §1.)...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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30-3D-609
Section 30-3D-609 Procedure to register child-support order of another state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support
order issued in another state shall register that order in this state in the same manner provided
in Sections 30-3D-601 through 30-3D-608 if the order has not been registered. A petition for
modification may be filed at the same time as a request for registration, or later. The pleading
must specify the grounds for modification. (Act 2015-284, §1.)...
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30-3D-613
Section 30-3D-613 Jurisdiction to modify child-support order of another state when individual
parties reside in this state. (a) If all of the parties who are individuals reside in this
state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction
to enforce and to modify the issuing state's child-support order in a proceeding to register
that order. (b) A tribunal of this state exercising jurisdiction under this section shall
apply the provisions of Articles 1 and 2, this article, and the procedural and substantive
law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7,
and 8 do not apply. (Act 2015-284, §1.)...
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30-3D-311
Section 30-3D-311 Pleadings and accompanying documents. (a) In a proceeding under this chapter,
a petitioner seeking to establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or a foreign country must
file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying
documents must provide, so far as known, the name, residential address, and Social Security
numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex,
residential address, Social Security number, and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been issued
by another tribunal. The petition may include any other information that may assist in locating
or identifying the respondent. (b) The petition must...
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30-3D-305
Section 30-3D-305 Duties and powers of responding tribunal. (a) When a responding tribunal
of this state receives a petition or comparable pleading from an initiating tribunal or directly
pursuant to Section 30-3D-301(b), it shall cause the petition or pleading to be filed and
notify the petitioner where and when it was filed. (b) A responding tribunal of this state,
to the extent not prohibited by other law, may do one or more of the following: (1) establish
or enforce a support order, modify a child-support order, determine the controlling child-support
order, or determine parentage of a child; (2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance; (3) order income withholding; (4) determine
the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil
or criminal contempt, or both; (6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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30-3D-615
Section 30-3D-615 Jurisdiction to modify child-support order of foreign country. (a) Except
as otherwise provided in Section 30-3D-711, if a foreign country lacks or refuses to exercise
jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state
may assume jurisdiction to modify the child-support order and bind all individuals subject
to the personal jurisdiction of the tribunal whether the consent to modification of a child-support
order otherwise required of the individual pursuant to Section 30-3D-611 has been given or
whether the individual seeking modification is a resident of this state or of the foreign
country. (b) An order issued by a tribunal of this state modifying a foreign child-support
order pursuant to this section is the controlling order. (Act 2015-284, §1.)...
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30-3D-611
Section 30-3D-611 Modification of child-support order of another state. (a) If Section 30-3D-613
does not apply, upon petition a tribunal of this state may modify a child-support order issued
in another state which is registered in this state if, after notice and hearing, the tribunal
finds that: (1) the following requirements are met: (A) neither the child, nor the obligee
who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is
a nonresident of this state seeks modification; and (C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or (2) this state is the residence of the child,
or a party who is an individual is subject to the personal jurisdiction of the tribunal of
this state, and all of the parties who are individuals have filed consents in a record in
the issuing tribunal for a tribunal of this state to modify the support order and assume continuing,
exclusive jurisdiction. (b) Modification of a registered...
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