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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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30-3D-502
Section 30-3D-502 Employer's compliance with income-withholding order of another state. (a)
Upon receipt of an income-withholding order, the obligor's employer shall immediately provide
a copy of the order to the obligor. (b) The employer shall treat an income-withholding order
issued in another state which appears regular on its face as if it had been issued by a tribunal
of this state. (c) Except as otherwise provided in subsection (d) and Section 30-3D-503, the
employer shall withhold and distribute the funds as directed in the withholding order by complying
with terms of the order which specify: (1) the duration and amount of periodic payments of
current child support, stated as a sum certain; (2) the person designated to receive payments
and the address to which the payments are to be forwarded; (3) medical support, whether in
the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide
health insurance coverage for the child under a policy...
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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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30-3-67
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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30-3D-602
Section 30-3D-602 Procedure to register order for enforcement. (a) Except as otherwise provided
in Section 30-3D-706, a support order or income-withholding order of another state or a foreign
support order may be registered in this state by sending the following records to the appropriate
tribunal in this state: (1) a letter of transmittal to the tribunal requesting registration
and enforcement; (2) two copies, including one certified copy, of the order to be registered,
including any modification of the order; (3) a sworn statement by the person requesting registration
or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known: (A) the obligor's address and Social Security number;
(B) the name and address of the obligor's employer and any other source of income of the obligor;
and (C) a description and the location of property of the obligor in this state not exempt
from execution; and (5) except as otherwise...
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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-605
Section 30-3D-605 Notice of registration of order. (a) When a support order or income-withholding
order issued in another state or a foreign support order is registered, the registering tribunal
of this state shall notify the nonregistering party. The notice must be accompanied by a copy
of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party: (1) that a registered support order is
enforceable as of the date of registration in the same manner as an order issued by a tribunal
of this state; (2) that a hearing to contest the validity or enforcement of the registered
order must be requested within 30 days after notice unless the registered order is under Section
30-3D-707; (3) that failure to contest the validity or enforcement of the registered order
in a timely manner will result in confirmation of the order and enforcement of the order and
the alleged arrearages; and (4) of the amount of any alleged...
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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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30-3D-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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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In any case
in which a noncustodial parent is required by a court or administrative order to provide health
care coverage for such child and the employer of the noncustodial parent is known to the Department
of Human Resources, the department shall use the federally required medical support notice
to provide notice to the employer of the requirement for employer-based health care coverage
for the child through the parent of the child who has been ordered to provide health care
coverage for the child unless a court or administrative order stipulates that alternative
health care coverage to employer-based coverage is to be provided for a child subject to a
Title IV-D child support order. In the case of an employer entered in the directory of new
hires pursuant to Section 25-11-5, the department shall send the federal medical support notice
to any employer of a noncustodial parent subject to the order within...
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