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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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30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold support
from income due and pay to designee; income withholding order issued by another state; when
order served on employer; delinquency of support payments. (a) Any provision of Section 8-5-21,
to the contrary notwithstanding, any original decree, judgment, or order issued by a court
of this state for the payment of support, any decree or judgment entered pursuant to a petition
to modify an original decree or award of support, any decree or judgment of contempt of court
for failure to pay support as previously ordered by a court of this state, or any decree or
judgment for criminal or civil nonsupport shall include as a separate section a withholding
order subject to subsection (c) of this section directing any employer of the obligor to withhold
and pay over to the clerk of the court or the Department of Human Resources, or its designee,
whichever is appropriate, out of income due or to become...
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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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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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30-3D-319
Section 30-3D-319 Receipt and disbursement of payments. (a) A support enforcement agency or
tribunal of this state shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish to a requesting party
or tribunal of another state or a foreign country a certified statement by the custodian of
the record of the amounts and dates of all payments received. (b) If neither the obligor,
nor the obligee who is an individual, nor the child resides in this state, upon request from
the support enforcement agency of this state or another state, the support enforcement agency
or a tribunal of this state shall: (1) direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving services; and (2) issue
and send to the obligor's employer a conforming income-withholding order or an administrative
notice of change of payee, reflecting the redirected payments. (c) The support...
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30-3-65
Section 30-3-65 Obligee to give notice of change of address; termination of order when unable
to deliver payments due to no notice of address. (a) An obligee shall notify the clerk of
the court, or the Department of Human Resources or its designee, whichever office is collecting
the support payments which have been ordered withheld, of any change in address of the obligee.
(b) If the clerk of the court, the department or its designee is unable to deliver payments
under the order for a period of three consecutive months due to the obligee's failure to notify
either of them of an address change, the clerk, the department or its designee shall not attempt
further payment under the order and shall, upon the court's order, return the payments to
the employer and the court shall terminate the income withholding order upon request. (Acts
1984, No. 84-445, p. 1035, §6; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §6.)...
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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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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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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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30-3-67
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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