30-3D-611
Section 30-3D-611 Modification of child-support order of another state. (a) If Section 30-3D-613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or (2) this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction. (b) Modification of a registered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-611.htm - 2K - Match Info - Similar pages
30-3D-205
Section 30-3D-205 Continuing, exclusive jurisdiction to modify child-support order. (a) A tribunal of this state that has issued a child-support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and: (1) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. (b) A tribunal of this state that has issued a child-support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-205.htm - 2K - Match Info - Similar pages
30-3D-612
Section 30-3D-612 Recognition of order modified in another state. If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (1) may enforce its order that was modified only as to arrears and interest accruing before the modification; (2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-612.htm - 985 bytes - Match Info - Similar pages
30-3D-610
Section 30-3D-610 Effect of registration for modification. A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 30-3D-611 or Section 30-3D-613 have been met. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-610.htm - 715 bytes - Match Info - Similar pages
30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from a petition for a protection order or a petition to modify a protection order that abuse has occurred or from a petition for a modification of a protection order that a modification is warranted, the court may do any of the following: (1) Without notice or hearing, immediately issue an ex parte protection order or modify an ex parte protection order as it deems necessary. (2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final protection order or modify a protection order after a hearing whether or not the defendant appears. (b) A court may grant any of the following relief without notice and a hearing in an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin the defendant from threatening to commit or committing acts of abuse, as defined in this chapter, against the plaintiff or children of the plaintiff, and any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - 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-206
Section 30-3D-206 Continuing jurisdiction to enforce child-support order. (a) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-206.htm - 1K - 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-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-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
|