Code of Alabama - Title 30: Marital and Domestic Relations - Chapter 3D - Uniform Interstate Family Support Act

• Article 1 General Provisions.
• Section 30-3D-101 Short title
  This chapter may be cited as the Uniform Interstate Family Support Act.
• 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...
• Section 30-3D-103 State tribunal and support enforcement agency
  (a) The court of this state authorized to establish, enforce, or modify a support order or to determine parentage is the tribunal of this state....
• 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...
• Section 30-3D-105 Application of chapter to resident of foreign country and foreign support proceeding
  (a) A tribunal of this state shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving: (1) a foreign...
• Article 2 Jurisdiction.
• Section 30-3D-201 Bases for jurisdiction over nonresident
  (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise...
• Section 30-3D-202 Duration of personal jurisdiction
  Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support...
• Section 30-3D-203 Initiating and responding tribunal of state
  Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as...
• Section 30-3D-204 Simultaneous proceedings
  (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading...
• 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...
• 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...
• 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...
• Section 30-3D-208 Child-support orders for two or more obligees
  In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same...
• Section 30-3D-209 Credit for payments
  A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same...
• Section 30-3D-210 Application of act to nonresident subject to personal jurisdiction
  A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to...
• Section 30-3D-211 Continuing, exclusive jurisdiction to modify spousal-support order
  (a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support...
• Article 3 Civil Provisions of General Application.
• Section 30-3D-301 Proceedings under chapter
  (a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (b) An individual petitioner or a support enforcement...
• Section 30-3D-302 Proceeding 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 benefit...
• Section 30-3D-303 Application of law of state
  Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to similar...
• Section 30-3D-304 Duties of initiating tribunal
  (a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:...
• 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...
• Section 30-3D-306 Inappropriate tribunal
  If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to...
• Section 30-3D-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 support...
• Section 30-3D-308 Duty of Attorney General
  (a) 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 30-3D-309 Private counsel
  An individual may employ private counsel to represent the individual in a proceeding authorized by this chapter.
• 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...
• Section 30-3D-311 Pleadings and accompanying documents
  (a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and...
• Section 30-3D-312 Nondisclosure of information in exceptional circumstances
  If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be...
• 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...
• Section 30-3D-314 Limited immunity of petitioner
  (a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided...
• Section 30-3D-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 a...
• 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,...
• Section 30-3D-317 Communications between tribunals
  A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to...
• Section 30-3D-318 Assistance with discovery
  A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person...
• 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...
• Article 4 Establishment of Support Order or Determination of Parentage.
• 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...
• Section 30-3D-402 Proceeding to determine parentage
  A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of...
• Article 5 Enforcement of Support Order Without Registration.
• Section 30-3D-501 Employer's receipt of income-withholding order of another state
  An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the...
• 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...
• Section 30-3D-503 Employer's compliance with two or more income-withholding orders
  If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of...
• Section 30-3D-504 Immunity from civil liability
  An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an...
• Section 30-3D-505 Penalties for noncompliance
  An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties...
• Section 30-3D-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 this...
• Section 30-3D-507 Administrative enforcement of orders
  (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a...
• Article 6 Registration, Enforcement, and Modication of Support Order.
• Part 1 Registration for Enforcement of Support Order.
• Section 30-3D-601 Registration of order for enforcement
  A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
• 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...
• Section 30-3D-603 Effect of registration for enforcement
  (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the...
• Section 30-3D-604 Choice of law
  (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration...
• Part 2
• 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...
• Section 30-3D-606 Procedure to contest validity or enforcement of registered support order
  (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the...
• Section 30-3D-607 Contest of registration or enforcement
  (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one...
• Section 30-3D-608 Confirmed order
  Confirmation of a registered support 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 of Another State.
• Section 30-3D-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 order...
• 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...
• 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...
• 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...
• Section 30-3D-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 tribunal...
• Section 30-3D-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 the...
• Part 4 Registration and Modification of Foreign Child-Support Order.
• 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...
• Section 30-3D-616 Procedure to register child-support order of foreign country for modification
  A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that...
• Article 7 Support Proceeding under Convention.
• Section 30-3D-701 Definitions
  In this article: (1) "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a...
• Section 30-3D-702 Applicability
  This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles...
• Section 30-3D-703 Relationship of the Department of Human Resources to united states central authority
  The Department of Human Resources is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
• 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...
• Section 30-3D-705 Direct request
  (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the...
• Section 30-3D-706 Registration of Convention support order
  (a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support...
• Section 30-3D-707 Contest of registered Convention support order
  (a) Except as otherwise provided in this article, Sections 30-3D-605 through 30-3D-608 apply to a contest of a registered Convention support order. (b) A party...
• Section 30-3D-708 Recognition and enforcement of registered Convention support order
  (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following...
• Section 30-3D-709 Partial enforcement
  If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of...
• Section 30-3D-710 Foreign support agreement
  (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in...
• 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...
• Section 30-3D-712 Personal information; limit on use
  Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
• Section 30-3D-713 Record in original language; English translation
  A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be...
• Article 8 Interstate Rendition.
• Section 30-3D-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 this...
• Section 30-3D-802 Conditions of rendition
  (a) Before making a 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 30-3D-901 Uniformity of application and construction
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 30-3D-902 Transitional provision
  This chapter applies to proceedings begun on or after June 2, 2015, to establish a support order or determine parentage of a child or to...

Last modified: May 3, 2021