|
30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-316.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-401.htm - 1K - Match Info - Similar pages
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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-305.htm - 2K - Match Info - Similar pages
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, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-104.htm - 881 bytes - Match Info - Similar pages
30-3D-313
Section 30-3D-313 Costs and fees. (a) The petitioner may not be required to pay a filing fee
or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess
against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel
and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the support enforcement agency
of either the initiating or responding state or foreign country, except as provided by other
law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney,
who may enforce the order in the attorney's own name. Payment of support owed to the obligee
has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs
and reasonable attorney's fees if it determines that a hearing was requested primarily for
delay. In a proceeding under Article 6, a hearing is presumed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-313.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-61.htm - 6K - Match Info - Similar pages
22-9A-12
Section 22-9A-12 New birth certificate upon adoption, legitimation, or paternity determination;
availability of original certificate; contact preference form. (a) The State Registrar shall
establish a new certificate of birth for a person born in this state upon receipt of any of
the following: (1) A report of adoption as provided in Section 22-9A-11 or a report of adoption
prepared and filed in accordance with the laws of another state, the District of Columbia,
a territory of the United States, or a foreign country, or a certified copy of the decree
of adoption, together with the information necessary to identify the original certificate
of birth and to establish a new certificate of birth. A new certificate of birth shall not
be established if so requested by the court decreeing the adoption. (2) A request that a new
certificate be established upon completion of the legitimation procedure specified in Sections
26-11-2 and 26-17-6. If the name of another man is shown as the father of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-9A-12.htm - 8K - Match Info - Similar pages
30-3D-310
Section 30-3D-310 Duties of the Department of Human Resources. (a) The Department of Human
Resources is the state information agency under this chapter. (b) The state information agency
shall: (1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in this
state and transmit a copy to the state information agency of every other state; (2) maintain
a register of names and addresses of tribunals and support enforcement agencies received from
other states; (3) forward to the appropriate tribunal in the county in this state in which
the obligee who is an individual or the obligor resides, or in which the obligor's property
is believed to be located, all documents concerning a proceeding under this chapter received
from another state or a foreign country; and (4) obtain information concerning the location
of the obligor and the obligor's property within this state not exempt...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-310.htm - 1K - Match Info - Similar pages
30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 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 proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-102.htm - 3K - Match Info - Similar pages
30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
|