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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-102.htm - 7K - Match Info - Similar pages

30-3D-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding is
brought under this chapter and only one tribunal has issued a child-support order, the order
of that tribunal controls and must be recognized. (b) If a proceeding is brought under this
chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-207.htm - 3K - Match Info - Similar pages

30-3D-701
Section 30-3D-701 Definitions. In this article: (1) "Application" means a request
under the Convention by an obligee or obligor, or on behalf of a child, made through a central
authority for assistance from another central authority. (2) "Central authority"
means the entity designated by the United States or a foreign country described in Section
30-3D-102(5)(D) to perform the functions specified in the Convention. (3) "Convention
support order" means a support order of a tribunal of a foreign country described in
Section 30-3D-102(5)(D). (4) "Direct request" means a petition filed by an individual
in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing
outside the United States. (5) "Foreign central authority" means the entity designated
by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified
in the Convention. (6) "Foreign support agreement": (A) means an agreement for support
in a record that: (i) is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-701.htm - 1K - Match Info - Similar pages

30-3D-704
Section 30-3D-704 Initiation by the Department of Human Resources of support proceeding under
Convention. (a) In a support proceeding under this article, the Department of Human Resources
shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution
of a proceeding regarding an application in a tribunal of this state. (b) The following support
proceedings are available to an obligee under the Convention: (1) recognition or recognition
and enforcement of a foreign support order; (2) enforcement of a support order issued or recognized
in this state; (3) establishment of a support order if there is no existing order, including,
if necessary, determination of parentage of a child; (4) establishment of a support order
if recognition of a foreign support order is refused under Section 30-3D-708(b)(2), (4), or
(9); (5) modification of a support order of a tribunal of this state; and (6) modification
of a support order of a tribunal of another state or a foreign...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-704.htm - 2K - Match Info - Similar pages

30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency of
this state, upon request, shall provide services to a petitioner in a proceeding under this
chapter. (b) A support enforcement agency of this state that is providing services to the
petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this state,
another state, or a foreign country to obtain jurisdiction over the respondent; (2) request
an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-307.htm - 2K - Match Info - Similar pages

30-3D-308
Section 30-3D-308 Duty of Attorney General. (a) If the Attorney General determines that the
support enforcement agency is neglecting or refusing to provide services to an individual,
the Attorney General may order the agency to perform its duties under this chapter or may
provide those services directly to the individual. (b) The Attorney General may determine
that a foreign country has established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the determination. (Act 2015-284, §1.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-308.htm - 866 bytes - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-615.htm - 1K - Match Info - Similar pages

30-3D-711
Section 30-3D-711 Modification of Convention child-support order. (a) A tribunal of this state
may not modify a Convention child-support order if the obligee remains a resident of the foreign
country where the support order was issued unless: (1) the obligee submits to the jurisdiction
of a tribunal of this state, either expressly or by defending on the merits of the case without
objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal
lacks or refuses to exercise jurisdiction to modify its support order or issue a new support
order. (b) If a tribunal of this state does not modify a Convention child-support order because
the order is not recognized in this state, Section 30-3D-708(c) applies. (Act 2015-284, §1.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-711.htm - 1K - Match Info - Similar pages

30-3D-204
Section 30-3D-204 Simultaneous proceedings. (a) A tribunal of this state may exercise jurisdiction
to establish a support order if the petition or comparable pleading is filed after a pleading
is filed in another state or a foreign country only if: (1) the petition or comparable pleading
in this state is filed before the expiration of the time allowed in the other state or the
foreign country for filing a responsive pleading challenging the exercise of jurisdiction
by the other state or the foreign country; (2) the contesting party timely challenges the
exercise of jurisdiction in the other state or the foreign country; and (3) if relevant, this
state is the home state of the child. (b) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable pleading is filed before a petition
or comparable pleading is filed in another state or a foreign country if: (1) the petition
or comparable pleading in the other state or foreign country is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-204.htm - 1K - Match Info - Similar pages

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.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-105.htm - 1K - Match Info - Similar pages