|
38-10-4
Section 38-10-4 Acceptance of aid for or on behalf of dependent or needy child deemed assignment
of right to support to department generally; subrogation of right to child support payments.
As a condition of eligibility for aid, each recipient of aid to families with dependent children
shall be deemed, by accepting aid, to have made an assignment to the department of the right
to any support owed up to the amount of aid paid by the department to the recipient in her
own behalf or in behalf of any other person for whom the recipient is receiving aid. The department
shall be subrogated to the right of such child or recipients or the person having custody
to collect and receive all child support payments and to initiate any support action existing
now or in the future under the laws of Alabama. (Acts 1979, No. 79-819, p. 1528, §4; Acts
1986, Ex. Sess., No. 86-709, p. 120, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-4.htm - 1K - Match Info - Similar pages
38-10-5
Section 38-10-5 Form and effect of assignment of child support payments to department. Notwithstanding
any other provisions of this article, as a condition of eligibility for aid, each recipient
of aid to families with dependent children shall have assigned to the department by operation
of law any rights to support from any other person which such recipient may have in his own
behalf or in behalf of any other family member for whom the recipient is receiving aid, which
accrued at the time such assignment is executed, which continue to accrue until said recipient
family ceases to receive aid and which may have effect as provided by the Social Security
Act and amendments thereto. Such assignment to the department of the rights to any support
owed up to the amount of aid paid by the department to the recipient shall conform with the
requirements of the Social Security Act and amendments thereto. Such assignment shall make
the department assignee of and to the right of such child or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-5.htm - 1K - Match Info - Similar pages
38-10-31
Section 38-10-31 Assignment to department of right to support owed to child in custody of department
or receiving maintenance payments. Either upon granting of custody of a child to the department
and the provision of foster care or upon the department's making foster care maintenance payments
on behalf of a child under provisions of Title IV-E of the Social Security Act, the department
shall by operation of law be assigned the right to any support owed to or for such child.
The assignment: (1) shall be effective as to both current and accrued support obligations;
and (2) shall terminate when the department is no longer providing foster care, except with
respect to the amount of any unpaid support obligation accrued under the assignment. (Acts
1986, Ex. Sess., No. 86-686, p. 81, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-31.htm - 1K - Match Info - Similar pages
38-10-6
Section 38-10-6 Effect of payment of aid to or on behalf of dependent or needy child by department.
The payment of aid creates a debt due and owing to the department by the parent or parents;
provided, however, that in cases in which a court has ordered support incident to a divorce
decree or any other order for child support, the debt shall be limited to the amount specified
in such court decree or court order. The liability for said debt to the department shall then
apply only with respect to the support payments owed for the period of time during which aid
is granted and shall conform and comply with such court decree or court order and shall be
handled by the department in such a manner as to conform and comply with requirements of the
Social Security Act and amendments thereto. (Acts 1979, No. 79-819, p. 1528, §6; Acts 1986,
Ex. Sess., No. 86-709, p. 120, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-6.htm - 1K - Match Info - Similar pages
38-2-6
Section 38-2-6 Duties, powers, and responsibilities of state department. The aim of the state
department shall be the promotion of a unified development of welfare activities and agencies
of the state and of the local governments so that each agency and each governmental institution
shall function as an integral part of a general system. In order to carry out effectively
these aims, it shall be the duty and responsibility of the state department to: (1) Administer
or supervise all forms of public assistance including general home relief, outdoor and indoor
care for persons in need of assistance, also including those duties that have to do primarily
with the determination of need and authorization of relief. (2) Exercise all the powers, duties,
and responsibilities previously vested by law in the State Child Welfare Department. (3) Provide
services to county or municipal governments including the organization and supervision of
counties for the effective carrying out of welfare...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-2-6.htm - 8K - Match Info - Similar pages
16-33B-4
Section 16-33B-4 Basic powers and duties of the Alabama Commission on Higher Education for
the Alabama Guaranteed Student Loan Program. (a) Basic powers. The Alabama Commission on Higher
Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in
accordance with the Federal Student Loan Law, and empowered to promulgate such rules, regulations,
policies, and procedures as may be reasonable and proper in order to carry out the provisions
and purposes of this chapter. Without limiting the generality of the foregoing, the ACHE is
authorized and empowered: (1) To establish regulations deemed necessary to comply with federal
regulations and legislation relative to guaranteed student loans and the Federal Student Loan
Law. (2) To establish eligibility criteria for participating postsecondary educational institutions.
(3) To establish reasonable eligibility criteria for the initial and continuing participation
of approved lenders in the student loan program. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-33B-4.htm - 10K - Match Info - Similar pages
38-10-12
Section 38-10-12 Time limit for disbursement by department to child's custodian of child support
payments received by it; exception. (a) When any support payments are made directly to the
department, including the state and county departments, under any and all of its child support
programs and other child support programs administered by it, including programs administered
pursuant to the requirements of Title IV-D of the Social Security Act, and any payments, or
any portion thereof, are due to be disbursed to the custodian of the child, the department
receiving payment shall within five working days after the day of its receipt make remittance
of the amount due by mailing it to the custodian of the child. The five-day distribution requirement
shall not apply when the department has received service of an affidavit to terminate income
withholding due to the fact that all children subject to the order have reached the age of
majority or all arrearage obligations have been fulfilled, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-12.htm - 2K - Match Info - Similar pages
38-4-1
Section 38-4-1 Persons to whom public assistance payable. (a) Generally. - Public assistance
shall be payable under this chapter to or on behalf of any person who is a needy blind person
within the requirements of this chapter, or is a needy person over the age of 65 years within
the requirements of this chapter, or is a dependent child within the requirements of this
chapter, or who is permanently and totally disabled within the requirements of this chapter.
No public assistance shall be payable under this chapter to or on behalf of any person who
is an inmate of a public institution; except, that such assistance may be payable to or on
behalf of persons who are patients in public institutions where such payments are matchable
under provisions of the Federal Social Security Act; provided, that the state department shall
not grant assistance to inmates of any institution, whether public or private, unless that
institution conforms to requirements under the provisions of the Federal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-4-1.htm - 5K - Match Info - Similar pages
38-10-2
Section 38-10-2 Definitions. (a) As used in this article, the following terms shall have the
following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department
of Human Resources of the State of Alabama, including the state and county departments of
human resources. (2) CHILD. A child as described or defined by the Social Security Act and
amendments thereto and by state law. (3) SUPPORT. Support of a minor child and spousal support
when such spousal support is incidental to child support as required by Title IV-D of the
Social Security Act. (4) SUPPORT PROGRAMS. Locating absent parents, establishing paternity,
establishing or modifying support orders, enforcing support orders, collecting support and
related matters as described or defined by the Social Security Act and amendments thereto
and by state law. (5) ADC, AFDC, AID TO DEPENDENT CHILDREN, and AID TO FAMILIES WITH DEPENDENT
CHILDREN. Such terms shall have the same meaning and shall refer to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-10-2.htm - 2K - Match Info - Similar pages
30-3-114
Section 30-3-114 Amount. The order of retroactive support shall be a sum certain judgment and
may cover all periods in which the non-supporting parent failed to provide support. For all
time periods in which support is requested, the court shall consider the needs of the child
or children and the ability of the parents to respond to these needs, and shall determine
the amount of support due for each period by application of the child support guidelines found
in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during
the time period for which support is sought. If the judgment for retroactive support includes
support due for a period of time in which aid was paid by the Department of Human Resources
and an assignment of support rights thereby exists under Section 38-10-4 and Section 38-10-5,
the department shall be entitled to recover any support due the department under Section 38-10-6.
(Acts 1994, No. 94-213, p. 298, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-114.htm - 1K - Match Info - Similar pages
|