Code of Alabama - Title 38: Public Welfare - Chapter 10 - Child Support Programs

• Article 1 General Provisions.
• Section 38-10-1 Short title
  This article shall be known and may be cited as the "Child Support Act of 1979."
• Section 38-10-2 Definitions
  (a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department of...
• Section 38-10-3 Authorization of operation of child support programs by Department of Human Resources generally; designation of the department as the agency to administer income withholding
  (a) The Department of Human Resources of the State of Alabama shall operate child support programs as may be required under the provisions of Title...
• Section 38-10-4 Acceptance of aid for or on behalf of dependent or needy child deemed assignment of right to support to department generally; subrogation of right to child support payments
  As a condition of eligibility for aid, each recipient of aid to families with dependent children shall be deemed, by accepting aid, to have made...
• Section 38-10-5 Form and effect of assignment of child support payments to department
  Notwithstanding any other provisions of this article, as a condition of eligibility for aid, each recipient of aid to families with dependent children shall have...
• Section 38-10-6 Effect of payment of aid to or on behalf of dependent or needy child by department
  The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which...
• Section 38-10-7 Institution of actions for enforcement of child support obligations, etc
  (a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may...
• Section 38-10-7.1 Scope of representation of district attorney or appointed attorney in support enforcement action
  Any district attorney or attorney approved or appointed by the Attorney General initiating legal proceedings at the request of the Department of Human Resources to...
• Section 38-10-8 Disposition of child support payments collected pursuant to judicial actions
  Support collections, in cases in which an assignment has been made to the department and after the support payment has been made to the appropriate...
• Section 38-10-9 Investigations by department as to location of parents and ability of parents to furnish child support; authority to notify parent of support duty; falsification of report as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide certain information
  (a) The department is authorized and empowered to conduct investigations to determine the location of parents and putative parents alleged or known to owe child...
• Section 38-10-10 Right of action of persons owed duty of support
  In addition to the existing causes of action there is hereby created, on behalf of any person who is owed a duty of support, a...
• Section 38-10-11 Construction of provisions of article
  It is intended that new or additional causes of action for the department are created by the provisions of this article. This article shall be...
• Section 38-10-12 Time limit for disbursement by department to child's custodian of child support payments received by it; exception
  (a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support...
• Article 2 Right of Department to Support Owed by Parents to Child.
• Section 38-10-30 Definitions
  As used in this article, the following terms shall have the following meanings: (1) CHILD. A minor or disabled child. (2) CUSTODY. A legal status...
• Section 38-10-31 Assignment to department of right to support owed to child in custody of department or receiving maintenance payments
  Either upon granting of custody of a child to the department and the provision of foster care or upon the department's making foster care maintenance...
• Section 38-10-32 Action to assure that parents of child in department's custody or receiving maintenance payments provide support
  The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a...
• Section 38-10-33 Support collections paid to department
  Support collections made pursuant to the provisions of this article shall be paid to the department or its designee and distribution thereof shall be made...
• Article 3 Foster Care Trust Fund.
• Section 38-10-50 Definition
  As used in this article "foster care trust fund" means a separate fund established for the purpose of donation of tax deductible funds by individuals,...
• Section 38-10-51 Trust fund established
  The finance director of the State of Alabama shall establish a separate account for deposit of donations to the foster care trust fund, the proceeds...
• Section 38-10-52 Use of funds; administrative costs
  The Department of Human Resources shall use funds deposited in the foster care trust fund to meet the following needs of children in its custody...
• Section 38-10-53 Rules and regulations
  The Commissioner of the Department of Human Resources is hereby authorized to issue such rules and regulations as are necessary to implement the provisions of...

Last modified: May 3, 2021