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Code of Alabama - Title 30: Marital And Domestic Relations - Chapter 1 - Alabama Uniform Interstate Family Support Act
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- Article 1 General Provisions.
- Section 30-3A-101 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 ...
- Section 30-3A-102 Court of this state
The court of this state as used in this chapter is the court authorized to establish, enforce, or modify a support order or to ...
- Section 30-3A-103 Remedies cumulative
Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law. ...
- Article 2 Jurisdiction.
- Part 1 Extended Personal Jurisdiction.
- Section 30-3A-201 Bases for jurisdiction over nonresident
In a proceeding to establish, enforce, or modify a support order or to determine parentage, a court of this state may exercise personal jurisdiction ...
- Section 30-3A-202 Procedure when exercising jurisdiction over nonresident
A court of this state exercising personal jurisdiction over a nonresident under Section 30-3A-201 may apply Section 30-3A-316 (Special Rules of Evidence and Procedure) ...
- Part 2 Proceedings Involving Two or More States.
- Section 30-3A-203 Initiating and responding tribunal of state
Under this chapter, a court of this state may serve as an initiating court to forward proceedings to another state and as a responding ...
- Section 30-3A-204 Simultaneous proceedings in another state
(a) A court of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a ...
- Section 30-3A-205 Continuing, exclusive jurisdiction
(a) A court of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child-support ...
- Section 30-3A-206 Enforcement and modification of support order by tribunal having continuing jurisdiction
(a) A court of this state may serve as an initiating court to request a tribunal of another state to enforce or modify a ...
- Part 3 Reconciliation of Multiple Orders.
- Section 30-3A-207 Recognition 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 ...
- Section 30-3A-208 Multiple child-support orders for two or more obligees
In responding to multiple registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to ...
- Section 30-3A-209 Credit for payments
Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against ...
- Article 3 Civil Provisions of General Application.
- Section 30-3A-301 Proceedings under chapter
(a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (b) This chapter provides for the following ...
- Section 30-3A-302 Action by minor parent
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the ...
- Section 30-3A-303 Application of law of state
Except as otherwise provided by this chapter, a responding court of this state: (1) shall apply the procedural and substantive law, including the rules ...
- Section 30-3A-304 Duties of initiating tribunal
(a) Upon the filing of a petition authorized by this chapter, an initiating court of this state shall forward three copies of the petition ...
- Section 30-3A-305 Duties and Powers of Responding Tribunal
(a) When a responding court of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 30-3A-301(c) ...
- Section 30-3A-306 Inappropriate court
If a petition or comparable pleading is received by an inappropriate court or agency of this state, it shall forward the pleading and accompanying ...
- Section 30-3A-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 ...
- Section 30-3A-308 Duty of Attorney General
If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may ...
- Section 30-3A-309 Private counsel
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. ...
- Section 30-3A-310 Duties of 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 ...
- Section 30-3A-311 Pleadings and accompanying documents
(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the ...
- Section 30-3A-312 Nondisclosure of Information in Exceptional Circumstances
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put ...
- Section 30-3A-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 may ...
- Section 30-3A-314 Limited immunity of petitioner
(a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the ...
- Section 30-3A-315 Nonparentage as defense
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to ...
- Section 30-3A-316 Special Rules of Evidence and Procedure
(a) The physical presence of the petitioner in a responding court of this state is not required for the establishment, enforcement, or modification of ...
- Section 30-3A-317 Communications between tribunals
A court of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information ...
- Section 30-3A-318 Assistance with Discovery
A court of this state may: (1) request a tribunal of another state to assist in obtaining discovery; and (2) upon request, compel a ...
- Section 30-3A-319 Receipt and disbursement of payments
A support enforcement agency or court of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the ...
- Article 4 Establishment of Support Order.
- Section 30-3A-401 Petition to establish support order
(a) If a support order entitled to recognition under this chapter has not been issued, a responding court of this state may issue a ...
- Article 5 Enforcement of Order of Another State Without Registration.
- Section 30-3A-501 Employer's receipt of income-withholding order of another state
An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income-withholding law ...
- Section 30-3A-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 ...
- Section 30-3A-503 Compliance with multiple income-withholding orders
If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the ...
- Section 30-3A-504 Immunity from civil liability
An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to ...
- Section 30-3A-505 Penalties for noncompliance
An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same ...
- Section 30-3A-506 Contest by obligor
(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in ...
- Section 30-3A-507 Administrative enforcement of orders
(a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send ...
- Article 6 Enforcement and Modification of Support Order After Registration.
- Part 1 Registration and Enforcement of Support Order.
- Section 30-3A-601 Registration of order for enforcement
A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement. ...
- Section 30-3A-602 Procedure to register order for enforcement
(a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to ...
- Section 30-3A-603 Effect of registration for enforcement
(a) A support order or income-withholding order issued in another state is registered when the order is filed in the appropriate court of this ...
- Section 30-3A-604 Choice of Law
(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the ...
- Part 2 Contest of Validity or Enforcement.
- Section 30-3A-605 Notice of registration of order
(a) When a support order or income-withholding order issued in another state is registered, the registering court shall notify the nonregistering party as provided ...
- Section 30-3A-606 Procedure to contest validity or enforcement of registered order
(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 30 ...
- Section 30-3A-607 Contest of Registration or Enforcement
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one ...
- Section 30-3A-608 Confirmed order
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to ...
- Part 3 Registration and Modification of Child Support Order.
- Section 30-3A-609 Procedure to register child-support order of another state for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that ...
- Section 30-3A-610 Effect of registration for modification
A court of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if ...
- Section 30-3A-611 Modification of child-support order of another state
(a) After a child-support order issued in another state has been registered in this state, the responding court of this state may modify that ...
- Section 30-3A-612 Recognition of order modified in another state
A court of this state shall recognize a modification of its earlier child-support order by a tribunal of another state which assumed jurisdiction pursuant ...
- Section 30-3A-613 Jurisdiction to modify child-support order of another state when individual parties reside in this state
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a ...
- Section 30-3A-614 Notice to issuing tribunal of modification
Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with ...
- Article 7 Determination of Parentage.
- Section 30-3A-701 Proceeding to determine parentage
(a) A court of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law ...
- Article 8 Interstate Rendition.
- Section 30-3A-801 Grounds for rendition
(a) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by ...
- Section 30-3A-802 Conditions of rendition
(a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for ...
- Article 9 Miscellaneous Provisions.
- Section 30-3A-901 Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this ...
- Section 30-3A-902 Short title
This chapter may be cited as the Alabama Uniform Interstate Family Support Act. ...
- Section 30-3A-903 Severability clause
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions ...
- Section 30-3A-904 Repeals
Effective January 1, 2000, the following sections and all amendments thereto and all other sections and parts of sections in this code inconsistent with ...
- Section 30-3A-905 Applicability
(a) Any proceeding filed prior to January 1, 1998, shall be governed by the laws in effect at the time of the commencement of ...
- Section 30-3A-906 Savings clause
This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect. ...
Last modified: August 6, 2008
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