Code of Alabama - Title 30: Marital And Domestic Relations - Chapter 1 - Child Custody And Support

Article 1 General Provisions.

Section 30-3-1 Custody and education of children upon grant of divorce; custody of children where wife abandons husband
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as ...
Section 30-3-2 Custody and education of children upon voluntary separation of husband and wife
(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days' ...
Section 30-3-4 Visitation rights for grandparents
Repealed by Act 99-436, p. 862, §2, effective September 1, 1999. ...
Section 30-3-4.1 Grandparent visitation
(a) For the purposes of this section, the term "grandparent" means the parent of a parent of a minor child, the parent of a ...
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation rights or child support
Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree ...
Section 30-3-6 Bond, security, or other guarantee to secure payment of overdue support or compliance with visitation order
(a) As used in this section, the following terms shall have the following meanings: (1) SUPPORT. Support of any child, with respect to whom ...
Section 30-3-6.1 Rebate of interest on delinquent child support payments
(a) Notwithstanding any other provision of law regarding post-judgment interest, the parent responsible for making child support payments who has been delinquent in making ...
Section 30-3-8 Publication of delinquent obligor lists
(a) The Department of Human Resources, Child Support Enforcement Division, may establish a program for the publication, in newspapers with general circulation throughout the ...

Article 2 Uniform Child Custody Jurisdiction Act.

Section 30-3-20 Short title
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-21 Purposes of article; construction of provisions
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-22 Definitions
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-23 Jurisdiction to make child custody determination; effect of physical presence of child
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-24 Notice and opportunity to be heard
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-25 Notice to persons outside this state; proof of service; submission to jurisdiction
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-26 Simultaneous proceedings in other states
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-27 Inconvenient forum; communication between courts; payment of expenses
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-28 Jurisdiction declined by reason of conduct; expenses
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-29 Information under oath to be submitted to court; continuing duty to inform
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-30 Additional parties
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-31 Appearance of parties and child; notice; expenses
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-32 Binding force and res judicata effect of custody decree
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-33 Recognition and enforcement of out-of-state custody decrees
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-34 Modification of custody decree of another state
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-35 Filing and enforcement of custody decree of another state; expenses
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-36 Registry of out-of-state custody decrees and proceedings
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-37 Certified copies of custody decree
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-38 Taking testimony in another state
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-39 Hearings and studies in another state; orders to appear
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-40 Assistance to courts of other states
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-41 Preservation of documents for use in other states
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-42 Request for court records of another state
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-43 International application
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...
Section 30-3-44 Priority
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000. ...

Article 3 Withholding Orders for Child Support.

Section 30-3-60 Definitions
As used in this article, the following terms shall have the following meanings: (1) INCOME. Wages, salary, tips, commissions, bonuses, unemployment compensation, workers' compensation, ...
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 ...
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 ...
Section 30-3-63 Filing fees and costs
(a) When a petition seeking an order of income withholding as provided in subsection 30-3-62(a) is initiated in any case which does not arise ...
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 ...
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 ...
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 ...
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 ...
Section 30-3-68 Employers who comply not liable for wrongful withholding
No employer who complies with an order under this article according to its terms shall be liable to the obligor or to any other ...
Section 30-3-69 Liability of employers who fail to answer or fail or refuse to withhold
An employer who willfully fails or refuses to withhold or pay the amounts as ordered may be held to be in contempt of court. ...
Section 30-3-70 Employers not to discharge or refuse to hire person due to withholding order
No employer shall discharge an employee or refuse to hire a person because of the entry of an order of withholding or service of ...
Section 30-3-71 Employer authorized to deduct fee for expenses
The employer shall be authorized to deduct from the obligor's income a fee of up to $2.00 per month for expenses incurred under this ...

Article 4 Interstate Income Withholding Act.

Section 30-3-90 (Repealed effective January 1, 2000) Purpose; short title
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-91 (Repealed effective January 1, 2000) Definitions
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-92 (Repealed effective January 1, 2000) Remedy additional to those now existing
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-93 (Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Documents filed with clerk; service on obligor; hearing; withholding by court of this state
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-94 (Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Prima facie case; defenses; evidence; choice of laws
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-95 (Repealed effective January 1, 2000) Adoption of other state's support order for purposes of income withholding; entry of income withholding order; applicability of Sections 30-3-64 and 30-3-66 through 30-3-71; transmittal of payments of support order
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-96 (Repealed effective January 1, 2000) Amendment of withholding order upon amendment of support order; notification of agency which requested withholding when obligor obtains employment or other income in another state
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-97 (Repealed effective January 1, 2000) Docket fees; court costs
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-98 (Repealed effective January 1, 2000) Voluntary income withholding
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...
Section 30-3-99 (Repealed effective January 1, 2000) Petition for adoption of support order in another jurisdiction for purpose of obtaining withholding; request by another state for evidence from person in this state
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000. ...

Article 5 Order of Retroactive Support.

Section 30-3-110 Civil action for order of retroactive support
There is hereby created a civil action to establish an order of retroactive support which may be brought against a non-supporting parent who has ...
Section 30-3-111 Commencement of action prior to child reaching age of majority
The action shall be commenced prior to the time the child or children reaches the age of majority. ...
Section 30-3-112 Filing of action in juvenile or family court division
An action for retroactive support shall be filed in the juvenile or family court division of the district or circuit court in the county ...
Section 30-3-113 Marital status of non-supporting parent irrelevant
An order of retroactive support may be awarded against the non-supporting parent irrespective of the marital status of the parties. ...
Section 30-3-114 Amount
The order of retroactive support shall be a sum certain judgment and may cover all periods in which the non-supporting parent failed to provide ...
Section 30-3-115 Additional right
The action for retroactive support authorized by this article is in addition to any rights to retroactive support granted by any other provision of ...

Article 6 Custody and Domestic or Family Abuse.

Section 30-3-130 Definitions
For the purposes of this article "domestic or family abuse" means an incident resulting in the abuse, stalking, assault, harassment, or the attempt or ...
Section 30-3-131 Determination raises rebuttable presumption that custody with perpetrator detrimental to child
In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic ...
Section 30-3-132 Factors court must consider
(a) In addition to other factors that a court is required to consider in a proceeding in which the custody of a child or ...
Section 30-3-133 Determination raises rebuttable presumption that child reside with parent not perpetrator
In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic ...
Section 30-3-134 Finding of domestic violence constitutes change in circumstances
In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, a finding that ...
Section 30-3-135 Visitation by parent who committed violence
(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for ...
Section 30-3-136 Construction of provisions
The provisions of this article are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure. ...

Article 7 Joint Custody.

Section 30-3-150 State policy
Joint Custody. - It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have ...
Section 30-3-151 Definitions
For the purposes of this article the following words shall have the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody. ...
Section 30-3-152 Factors considered; order without both parents' consent; presumption where both parents request joint custody
(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the ...
Section 30-3-153 Implementation; required provisions; plan set by court
(a) In order to implement joint custody, the court shall require the parents to submit, as part of their agreement, provisions covering matters relevant ...
Section 30-3-154 Availability of records to both parents
Unless otherwise prohibited by court order or statute, all records and information pertaining to the child, including, but not limited to, medical, physiological, dental, ...
Section 30-3-155 Determination of child support
In making a determination of child support, the court shall apply Rule 32 of the Alabama Rules of Judicial Administration. ...
Section 30-3-156 Interference with custody or violation of Chapter 3B
The fact that joint custody has been awarded to both parents shall not preclude a court from finding that one parent has committed the ...
Section 30-3-157 Construction of article with respect to existing orders
This article shall not be construed as grounds for modification of an existing order. This article shall not be construed as affecting the standard ...

Article 7A Alabama Parent-Child Relationship Protection Act.

Section 30-3-160 Short title
This article shall be known and may be cited as the "Alabama Parent-Child Relationship Protection Act" and promotes the general philosophy in this state ...
Section 30-3-161 Definitions
As used in this article, the following words and phrases shall have the following meanings, unless the context requires a different definition: (1) CHANGE ...
Section 30-3-162 Applicability
(a) Except as provided otherwise by this chapter, the provisions of this article apply to all orders determining custody of or visitation with a ...
Section 30-3-163 Change of principal residence - Child
Except as provided by Section 30-3-167, a person who has the right to establish the principal residence of the child shall provide notice to ...
Section 30-3-164 Change of principal residence - Custodial party, persons with visitation rights
Except as provided by Section 30-3-167, a person entitled to custody of or visitation with a child shall provide notice to every other person ...
Section 30-3-165 Notice
(a) When a notice is required by either Section 30-3-163 or Section 30-3-164, except as provided by Section 30-3-167, the notice of a proposed ...
Section 30-3-166 Language required in child custody determination
After September 1, 2003, every child custody determination shall include the following language: "Alabama law requires each party in this action who has either ...
Section 30-3-167 Disclosure exceptions
(a) In order to protect the identifying information of persons at risk from the effects of domestic violence or abuse, on a finding by ...
Section 30-3-168 Failure to give notice
(a) Except as provided in Section 30-3-167, if a person required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail ...
Section 30-3-169 Objection to change of principal residence
The person entitled to determine the principal residence of a child may change the principal residence of a child after providing notice as provided ...
Section 30-3-169.1 Proceedings
(a) A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal ...
Section 30-3-169.2 Court order
(a) Where the ends of justice dictate, the court may grant a temporary order restraining the change of principal residence of a child or ...
Section 30-3-169.3 Change of custody
(a) Upon the entry of a temporary order or upon final judgment permitting the change of principal residence of a child, a court may ...
Section 30-3-169.4 Burden of proof
In proceedings under this article unless there has been a determination that the party objecting to the change of the principal residence of the ...
Section 30-3-169.5 Obstructions to custody or visitation
If on final hearing the change of principal residence of a child is permitted, the court may require the person seeking to change the ...
Section 30-3-169.6 Sanctions
(a) Where a party commences an action without good cause or for the purpose of harassing or causing unnecessary financial or emotional hardships to ...
Section 30-3-169.7 Change of principal residence raised in conjunction with other petition
If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or ...
Section 30-3-169.8 Award of expenses
The court may award any party necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, ...
Section 30-3-169.9 Change of principal residence outside state
(a) In those instances where the change of principal residence of a child results in the relocation of a child to a residence outside ...
Section 30-3-169.10 Appeal
An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters ...

Article 8 Driver's License Suspension or Revocation for Failure To Pay Support Payments.

Section 30-3-170 Definitions
When used in this article, the following words shall have the following meanings: (1) COURT. A court of competent jurisdiction or administrative agency having ...
Section 30-3-171 Issuance of notice to withhold, etc., license
Upon application to the department for support services by an obligee alleging the existence of a delinquency or failure to comply with subpoenas or ...
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal; suspension of license
(a) Upon receipt of a request for a hearing, the department shall schedule a hearing for the purpose of determining if withholding, restricted use, ...
Section 30-3-173 Multiple delinquencies; revocation of license
If the obligor has received two suspensions of a license pursuant to this article within the previous 12 months, upon a third finding of ...
Section 30-3-174 Implementation by licensing authority of withholding, etc.; additional review precluded; continuation of withholding, etc.; exemption of licensing authority from liability
(a) Upon receipt of a notice from the department or its agent to withhold, restrict use of, suspend, or revoke a license, a licensing ...
Section 30-3-175 Reinstatement of withheld, etc., license; obtaining new license after revocation
(a) When, following the withholding, restricted use, or suspension of a license, the department or its agent determines that the support debt or support ...
Section 30-3-176 Fees and costs
Notwithstanding any other provisions of law, the licensing authority may charge the obligor a fee to cover administrative costs incurred by the licensing authority ...
Section 30-3-177 Contempt petition; applicability of article to obligors who failed to follow previous orders
In addition to the foregoing provisions of this article, if the obligor is brought before a circuit, district, or juvenile court having jurisdiction on ...
Section 30-3-178 Applicability of article to courts and agencies of other states and United States
This article shall apply to support ordered by a court of this or any other state, territory, or district of the United States including ...
Section 30-3-179 Legislative intent
It is the intent of the Legislature that this article provide for the withholding, restricted use, suspension, or revocation of professional, occupational, recreational, or ...

Article 9 ALABAMA CHILD SUPPORT REFORM ACT OF 1997.

Section 30-3-190 Short title
This article shall be known and cited as the "Alabama Child Support Reform Act of 1997." ...
Section 30-3-191 Definitions
When used in Sections 30-3-191 to 30-3-199, inclusive, the following words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or ...
Section 30-3-192 Data match system; accounts encumbered or surrendered; reasonable fees; liability; disclosure of financial records; penalties
(a) The state Title IV-D agency shall enter into agreements with financial institutions doing business in Alabama to develop and operate a data match ...
Section 30-3-193 Requests for information by the state Title IV-D agency
(a) Subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to ...
Section 30-3-194 Issuance or renewal of license, etc.; Social Security number requirements
(a) Any agency charged with the administration of any law concerning the issuance or renewal of a license, certificate, permit, or other authorization to ...
Section 30-3-195 State Disbursement Unit
(a) The state Title IV-D agency shall establish and operate a unit, which shall be known as the State Disbursement Unit, for the collection ...
Section 30-3-196 State Case Registry
(a) The state Title IV-D agency shall maintain a central repository of case information, which shall be known as the State Case Registry and ...
Section 30-3-197 Authorized actions; safeguards
(a) Provided that no actions are pending before any circuit and district court of this state and/or no court order has been issued involving ...
Section 30-3-198 Notice of lien
(a) The state Title IV-D agency, by or through any employee, agent, or representative, shall file a notice of a lien against any real ...
Section 30-3-199 Establishment and enforcement of confidential information rules and regulations
The state Title IV-D agency shall establish and enforce rules and regulations applicable to all confidential information handled by the agency designed to protect ...
Section 30-3-200 Liability for disclosure of information
No public or private entity or agency or individual shall be held liable in any civil or criminal action for disclosing any information to ...

Last modified: August 6, 2008

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Code of Alabama - Title 30: Marital And Domestic Relations - Chapter 1 - Child Custody And Support