title-30•Title 30 — Marital and Domestic Relations
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §1945; Code 1867, §2334; Code 1876, §2673; Code 1886, §2310; Code 1896, §2840; Code 1907, §4880; Code 1923, §8994; Code 1940, T. 34, §3.)
A person under the age of 16 years is incapable of contracting marriage.
(Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)
If a person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the consent of a parent or guardian of the minor to the marriage shall be required. Evidence of consent shall be in the form of an affidavit signed by a parent or guardian, notarized, and filed with the probate court.
(Code 1852, §1950; Code 1867, §2339; Code 1876, §2678; Code 1886, §2315; Code 1896, §2845; Code 1907, §4885; Code 1923, §8999; Code 1940, T. 34, §10; Act 2003-150, p. 454, §1; Act 2019-340, §1.)
Any person solemnizing the rites of matrimony with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than $1,000.
(Code 1852, §1956; Code 1867, §2345; Code 1876, §4430; Code 1886, §4173; Code 1896, §5593; Code 1907, §7391; Code 1923, §4943; Code 1940, T. 34, §5.)
(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.
(c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
(Code 1852, §§1946-1948; Code 1867, §§2335-2337; Code 1876, §§2674-2676; Code 1886, §§2311-2313; Code 1896, §§2841-2843; Code 1907, §§4881-4883; Code 1923, §§8995-8997; Code 1940, T. 34, §§6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, §1.)
Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2 for each marriage solemnized.
(Code 1852, §1959; Code 1867, §2348; Code 1876, §2683; Code 1886, §2321; Code 1896, §2851; Code 1907, §4891; Code 1923, §9005; Code 1940, T. 34, §18.)
[Repealed]
Repealed by Act 2019-340, §3, effective August 29, 2019.
(Code 1852, §1949; Code 1867, §2338; Code 1876, §2677; Code 1886, §2314; Code 1896, §2844; Code 1907, §4884; Code 1923, §8998; Code 1940, T. 34, §9; Acts 1953, No. 276, p. 342; Acts 1961, No. 708, p. 1000.)
(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed as provided in that section.
(b) The marriage document required to be executed by the parties shall contain information to identify the parties as set forth in Section 22-9A-6, as well as the following minimum information:
(1) The full legal names of both of the parties.
(2) A notarized affidavit from each party declaring all of the following:
a. The affiant is not currently married.
b.1. The affiant is at least 18 years of age; or
c. The affiant is legally competent to enter into a marriage.
d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3.
e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence.
(3) The signatures of the parties.
(c) A marriage conforming to the requirements of this section shall be valid on the date the marriage is executed by both parties, provided the affidavits, forms, and data are recorded in the office of the judge of probate within 30 days of the date of the last party’s signature in accordance with Section 22-9A-17.
(d) A civil and independent or religious ceremony of marriage, celebration of marriage, solemnization of marriage, or any other officiation, or administration of the vows of marriage may be conducted or engaged in by the parties by an officiant or other presiding person to be selected by the persons entering into the marriage. The state shall have no requirement for any ceremony or proceeding and whether or not a ceremony or proceeding is performed or not performed shall have no legal effect on the validity of the marriage.
(e) The affidavits, forms, and data shall be filed in the office of the judge of probate and shall constitute a legal record of the marriage of the parties. A copy of the form provided by the Office of Vital Statistics shall be transmitted by the office of the judge of probate to the Office of Vital Statistics and made a part of its record.
(f) This section shall not affect any other legal aspects of marriage in this state, including, but not limited to, divorce, spousal support, child custody, or child support.
(g) All requirements to obtain a marriage license by the State of Alabama are abolished and repealed. The requirement of a ceremony of marriage to solemnize the marriage is abolished.
(h) The Alabama Law Institute, a division of the Legislative Services Agency, in collaboration with the Department of Public Health, shall prepare a form to meet the minimum requirements of Act 2019-340.
(Act 2019-340, §2.)
[Repealed]
Repealed by Act 2019-340, §3, effective August 29, 2019.
(Code 1852, §1953; Code 1867, §2342; Code 1876, §2681; Code 1886, §§2318, 2319; Code 1896, §§2848, 2849; Code 1907, §§4888, 4889; Code 1923, §§9002, 9003; Code 1940, T. 34, §§15, 16.)
[Repealed]
Repealed by Act 2019-340, §3, effective August 29, 2019.
(Code 1852, §1955; Code 1867, §2344; Code 1876, §2682; Code 1886, §2320; Code 1896, §2850; Code 1907, §4890; Code 1923, §9004; Code 1940, T. 34, §17.)
THIS SECTION WAS AMENDED BY ACT 2019-340 IN THE 2019 REGULAR SESSION, EFFECTIVE AUGUST 29, 2019. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
The judge of probate must keep a book, in which shall be registered all licenses issued by him and which shall state whether the parties, or either of them, were of the age specified in Section 30-1-5. If not, he must also state whether either of them had been previously married, or if consent had been given to the marriage by the parent or guardian. If such consent was in writing, he must transcribe it on the same page on which he records the license, and the record so made, or a certified copy thereof, is presumptive evidence of the facts.
(Code 1852, §1951; Code 1867, §2340; Code 1876, §2679; Code 1886, §2316; Code 1896, §2846; Code 1907, §4886; Code 1923, §9000; Code 1940, T. 34, §11.)
[Repealed]
Repealed by Act 2019-340, §3, effective August 29, 2019.
(Code 1852, §1952; Code 1867, §2341; Code 1876, §2680; Code 1886, §2317; Code 1896, §2847; Code 1907, §4887; Code 1923, §9001; Code 1940, T. 34, §12.)
[Repealed]
Repealed by Act 2019-340, §3, effective August 29, 2019.
(Code 1852, §1957; Code 1867, §2346; Code 1876, §4431; Code 1886, §4174; Code 1896, §5594; Code 1907, §7392; Code 1923, §4944; Code 1940, T. 34, §14.)
In all marriages where a vital records error has been made, the parties to the marriage may file amended affidavits, forms, and data with the judge of probate. The fee for filing amended affidavits, forms, and data shall be the same as for an original filing. The amended affidavits, forms, and data shall state that they are amended and shall reference the date in which the original affidavits, forms, and data were filed. The judge of probate shall record the amended affidavits, forms, and data if agreed to by the parties and shall forward a one page decree of correction to the Office of Vital Statistics. If the parties cannot agree on the one page decree of correction, either party may file an action in circuit court to correct the error.
(Acts 1943, No. 337, p. 318; Act 2019-340, §1.)
(a) When the records pertaining to a marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage license was issued shall correct or perfect the same upon proper petition being filed by either party to the marriage, or someone delegated or authorized by him or her, in his or her name and behalf, giving the names and residences of the parties to the marriage, if known, and if the residence is not known, an affidavit by petitioner or petitioner’s attorney that the residence is not known and that diligent effort has been made to ascertain the same, together with a clear statement setting up wherein the record of the marriage should be corrected or perfected. Notice of the time and place set for hearing the application shall be given for at least six days by personal service thereof, if the other party resides in the State of Alabama, unless both parties join in the petition, and in such case the petition may be set down for an immediate hearing. If the other party to the marriage is a nonresident or has absented himself or herself from the state for six months or longer and his or her address is known, then service may be made by sending a copy of the petition by registered or certified mail, with return receipt requested, to the address of the other party. If the address is not known, service may be made by advertisement in a newspaper published in the county where petition is filed by one weekly insertion therein.
(b) The judge of probate shall, after the filing of the petition and proof of service is made, hear any competent evidence that may be offered or such as may be required by him, and if he is satisfied from the proof made that the record of marriage in his office is incorrect or incomplete, he may thereupon enter a decree correcting or perfecting the same in the manner prayed for in the petition.
(c) The decree made and entered as herein provided shall be recorded in a permanent record in the office of the judge of probate and a copy thereof, certified as prescribed by law, shall be admissible evidence and prima facie proof in any court of the correctness of the facts stated therein.
(d) The costs of the proceeding authorized by this section shall be taxed and paid as provided by law in other proceedings in the probate courts of this state.
(Acts 1957, No. 559, p. 778.)
It is the duty of the judge of probate to give notice to the district attorney of all offenses under this chapter.
(Code 1852, §1960; Code 1867, §2349; Code 1876, §2684; Code 1886, §4175; Code 1896, §5595; Code 1907, §7393; Code 1923, §4945; Code 1940, T. 34, §19.)
(a) This section shall be known and may be cited as the “Alabama Marriage Protection Act.”
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(Act 98-500, §§1, 2.)
(a) No common-law marriage may be entered into in this state on or after January 1, 2017.
(b) An otherwise valid common-law marriage entered into before January 1, 2017, shall continue to be valid in this state.
(Act 2016-306, §1.)
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of _____ and _____,” for the causes following:
(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.
(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)
The circuit court shall have the power to divorce persons from the bonds of matrimony in favor of either party where there has been a final judgment of divorce from bed and board or of separate maintenance, when such judgment has been in force and effect for more than two years. The fact that the party against whom such action is brought may also have some grounds for divorce shall not constitute any defense to any proceeding under this section.
(Acts 1957, No. 390, p. 532; Acts 1967, No. 300, p. 839.)
No judgment can be entered on the confession of the parties, or either of them, or if it appear that adultery was committed by either, with the consent of the other, for the purpose of obtaining a divorce, or where both parties have committed adultery, or where there has been a condonation of adultery by the admission of the offending party to conjugal embraces after knowledge of the commission of the crime, or when the husband knew of or connived at the adultery of the wife.
(Code 1852, §1966; Code 1867, §2356; Code 1876, §2690; Code 1886, §2327; Code 1896, §1491; Code 1907, §3799; Code 1923, §7413; Code 1940, T. 34, §26.)
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.
(Code 1852, §1968; Code 1867, §2358; Code 1876, §2692; Code 1886, §2329; Code 1896, §1493; Code 1907, §3801; Code 1923, §7415; Code 1940, T. 34, §28.)
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.
(Code 1852, §1969; Code 1867, §2359; Code 1876, §2693; Code 1886, §2330; Code 1896, §1494; Code 1907, §3802; Code 1923, §7416; Code 1940, T. 34, §29; Acts 1945, No. 457, p. 691; Acts 1971, No. 2280, p. 3687.)
A husband or wife under the age of 19 years may file a complaint for any purpose under this chapter in his or her own name without the intervention of a next friend, guardian, or guardian ad litem, and if over the age of 18 years, he or she may defend any action brought under this chapter in his or her own name without the intervention of a next friend, guardian, or guardian ad litem.
(Code 1896, §1490; Code 1907, §3798; Acts 1911, No. 42, p. 24; Code 1923, §7412; Code 1940, T. 34, §25; Acts 1953, No. 890, p. 1198.)
The defendant is not required to verify the answer by oath, and, whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the complaint.
(Code 1852, §1965; Code 1867, §2355; Code 1876, §2689; Code 1886, §2326; Code 1896, §1489; Code 1907, §3797; Code 1923, §7411; Code 1940, T. 34, §24.)
The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought must be alleged in the complaint, to which the other party must be made a defendant. If service by publication shall be made, when necessary, in the manner provided in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence and the nature of the case may warrant, direct whether the party against whom the judgment of divorce is made be permitted to marry again, and where in judgments no order is made disallowing the party the right to marry again, the party shall be deemed to have the right to remarry, subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion and proper proof, to allow the moving party to marry again, as justice may seem to require.
(Code 1852, §1964; Code 1867, §2354; Code 1876, §2688; Code 1886, §2325; Code 1896, §1488; Code 1907, §3796; Code 1923, §7410; Code 1940, T. 34, §23; Acts 1943, No. 566, p. 569.)
(a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
(Acts 1996, 1st Ex. Sess., No. 96-51, p. 70, §1.)
The marriages of all persons married subsequent to a divorce judgment granted in this state which did not prohibit the person from remarrying are hereby declared to be valid, notwithstanding that the judgment of divorce did not specifically confer on such person the right to remarry.
This section shall not be deemed to abridge in any way the force and effect of Section 30-2-10.
(Acts 1947, No. 359, p. 244.)
When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each other, until 60 days after the judgment is entered, and that if an appeal is taken within 60 days, neither party shall again marry, except to each other, during the pendency of the appeal.
(Code 1907, §3811; Code 1923, §7425; Code 1940, T. 34, §38.)
After divorce from the bonds of matrimony and within the discretion of the circuit court of the county in which the divorced wife resides and upon application of any interested party, the divorced wife may be enjoined from the use of the given name or initials of the divorced husband.
(Acts 1961, Ex. Sess., No. 65, p. 1942; Acts 1961, Ex. Sess., No. 284, p. 2330.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §1975; Code 1867, §2365; Code 1876, §2699; Code 1886, §2336; Code 1896, §1499; Code 1907, §3807; Code 1923, §7421; Code 1940, T. 34, §34.)
[Repealed]
Repealed by Act 98-105, effective January 1, 1999.
(Code 1852, §1979; Code 1867, §2368; Code 1876, §2702; Code 1886, §2339; Code 1896, §1502; Code 1907, §3809; Code 1923, §7423; Code 1940, T. 34, §36.)
[Repealed]
Repealed by Act 98-105, effective January 1, 1999
(Code 1852, §1980; Code 1867, §2369; Code 1876, §2703; Code 1886, §2340; Code 1896, §1503; Code 1907, §3810; Code 1923, §7424; Code 1940, T. 34, §37; Acts 1979, No. 79-486, p. 894, §1.)
(a) The court shall enter a decree of legal separation if all of the following requirements are satisfied:
(1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met.
(2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart.
(3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.
(b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties.
(c) If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage.
(d) The court shall order that the terms of the legal separation relating to alimony or a property settlement be incorporated into a final divorce decree only if agreed to by the parties. Otherwise, the court may consider, but is not bound by, the provisions of the legal separation relating to alimony or a property settlement upon a final dissolution of the marriage.
(e) If either party to a legal separation later institutes an action for dissolution of the marriage, the best interest of the child standard shall apply to the determination of child custody.
(f) Upon written consent by both parties, after entry of a decree of legal separation, all of the following provisions shall apply:
(1) The earnings or accumulations, including the retirement benefits, of each party received after the entry of the decree of legal separation are the separate property of the party acquiring the earnings or accumulations, and shall not be considered by the court in a subsequent divorce action.
(2) A spouse may convey his or her real estate without the signature or consent of the other spouse.
(3) Each spouse may waive all rights to inheritance from the other spouse pursuant to Section 43-8-72.
(g) Court costs for a legal separation may be assessed as if a dissolution of the marriage was requested and may be taxed by the court accordingly.
(Act 98-105, §1.)
Pending an action for divorce, the court may make an allowance for the support of either spouse out of the estate of the other spouse, suitable to the spouse’s estate and the condition in life of the parties, for a period of time not longer than necessary for the prosecution of the complaint for divorce.
(Code 1852, §1970; Code 1867, §2360; Code 1876, §2694; Code 1886, §2331; Code 1896, §1495; Code 1907, §3803; Code 1923, §7417; Acts 1939, No. 44, p. 52; Code 1940, T. 34, §30; Acts 1979, No. 79-486, p. 894, §1.)
(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse’s family. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage.
(b)(1) The marital estate is subject to equitable division and distribution. Unless the parties agree otherwise, and except as otherwise provided by federal or state law, the marital estate includes any interest, whether vested or unvested, either spouse has acquired, received, accumulated, or earned during the marriage in any and all individual, joint, or group retirement benefits including, but not limited to, any retirement plans, retirement accounts, pensions, profit-sharing plans, savings plans, annuities, or other similar benefit plans from any kind of employment, including, but not limited to, self employment, public or private employment, and military employment.
(2) Notwithstanding the foregoing, unless the parties agree otherwise, the total amount of the retirement benefits payable to the noncovered spouse shall not exceed 50 percent of the retirement benefits that may be considered by the court.
(3) Any party asserting that all or a portion of his or her interest in any retirement benefits is excluded from the marital estate shall bear the burden of proving that fact and the value or amount of the excluded interest, including any active or passive income or appreciation on that interest.
(c) The court may use any method of valuing, dividing, and distributing an interest in retirement benefits that is equitable under the circumstances of the case so long as the overall division and distribution of the marital property remains equitable to the parties. Nothing in this section shall be construed to require a court to divide or distribute any amount, or any percentage, of one spouse’s retirement benefits to the other spouse.
(d) Any passive increase or decrease in the value of retirement benefits from the effective date of the award to the date of distribution shall accrue to, or be borne by, the parties on a pro rata basis. Passive increases or decreases are increases or decreases resulting from fluctuations in the value of the assets regarding a retirement benefit and cost-of-living adjustments made pursuant to the terms of a retirement benefit, but do not include any increases or decreases resulting from contributions, withdrawals, or accruals to a retirement benefit attributable to any period, after the effective date of the award.
(e) Unless otherwise prohibited by state or federal law, a court may enter any order designed to protect or preserve the legal interest of either spouse in retirement benefits, including any order to prevent, or to compensate a spouse for, the deprivation or dissipation of a legal share of any retirement benefits due to the act or omission of the other spouse and any order necessary to enforce the property division of such benefits. Notwithstanding the foregoing, a court may not enter any order modifying the terms of any retirement benefits or enlarging the benefits payable under the terms of a retirement plan.
(Code 1852, §1971; Code 1867, §2361; Code 1876, §2695; Code 1886, §2332; Code 1896, §1496; Code 1907, §3804; Code 1923, §7418; Acts 1933, Ex. Sess., No. 129, p. 119; Code 1940, T. 34, §31; Acts 1979, No. 79-486, p. 894, §1; Acts 1995, No. 95-549, p. 1151, §1; Act 2017-162, §1.)
If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount.
(Code 1852, §1972; Code 1867, §2362; Code 1876, §2696; Code 1886, §2333; Code 1896, §1497; Code 1907, §3805; Code 1923, §7419; Acts 1933, Ex. Sess., No. 127, p. 118; Code 1940, T. 34, §32; Acts 1979, No. 79-486, p. 894, §1.)
In all actions for divorce or for the recovery of alimony, maintenance, or support in which a judgment of divorce has been issued or is pending and a contempt of court citation has been made by the court against either party, the court may, of its discretion, upon application therefor, award a reasonable sum as fees or compensation of the attorney or attorneys representing both parties.
(Acts 1970, Ex. Sess., No. 23, p. 2621; Acts 1979, No. 79-486, p. 894, §1.)
(a) For the purposes of this section, “cohabiting” means the act of two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations that are usually manifested by married individuals, and which include, but are not necessarily dependent on, sexual relations.
(b) Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of the alimony upon petition of a party to the decree and proof that the spouse receiving alimony has remarried or that the spouse is cohabiting with another individual.
(Acts 1978, No. 596, p. 718; Acts 1979, No. 79-241, p. 368; Acts 1981, No. 81-155, p. 179; Act 2022-430, §1.)
(a)(1) In an action for divorce, legal separation, or annulment, the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage.
b. The spouse needs interim alimony, after taking into consideration any other financial contributions provided by the other spouse pursuant to other interim orders of the court.
c. The other spouse has the ability to pay interim alimony.
(2) An award under subdivision (1) may be made retroactive to the date of the filing of the complaint. The amount awarded shall be based on the applicable factors for awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f) of Section 30-2-57.
(b) An order awarding interim alimony may be terminated or prospectively modified at any time prior to the entry of a final judgment for good cause shown. In case of an emergency, the court may order or prospectively modify interim alimony without notice to the other party pursuant to Rule 65, Alabama Rules of Civil Procedure, subject to the right of the other party to a hearing as soon as practicable for the purpose of determining whether the emergency order should be dissolved, maintained, or modified.
(c) An order awarding interim alimony shall automatically terminate upon entry of the final judgment, the voluntary dismissal of all pending claims, or the abatement of the proceedings, subject to the following:
(1) The jurisdiction of the court to continue or prospectively modify the interim alimony during a pending appeal, including a petition for a writ of certiorari, of the final judgment.
(2) The right of either party to file a subsequent action to recover any arrearage or overage accumulated prior to the termination of the order.
(d) In an action for divorce, legal separation, annulment, or appeals thereof, the court may award out of the marital property or current income reasonable interim fees, costs, and litigation expenses, including discovery, expert witnesses, guardians ad litem, special masters, and attorney fees, to enable each party to have equitable access to the marital property to pursue or defend the action. A denial of the requested motion for interim fees, costs, and litigation expenses does not preclude the court from making such an award. Upon final order, the court shall consider any award or other payments made for interim fees, costs, or litigation expenses.
(Act 2017-164, §1.)
(a) Upon granting a divorce or legal separation, the court shall award either rehabilitative or periodic alimony as provided in subsection (b), if the court expressly finds all of the following:
(1) A party lacks a separate estate or his or her separate estate is insufficient to enable the party to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage.
(2) The other party has the ability to supply those means without undue economic hardship.
(3) The circumstances of the case make it equitable.
(b) If a party has met the requirements of subsection (a), the court shall award alimony in the following priority:
(1) Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall award rehabilitative alimony to the party for a limited duration, not to exceed five years, absent extraordinary circumstances, of an amount to enable the party to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage.
(2) In cases in which the court expressly finds that rehabilitation is not feasible, a good-faith attempt at rehabilitation fails, or good-faith rehabilitation only enables the party to partially acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, the court shall award the party periodic installments of alimony for a duration and an amount to allow the party to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage as provided in subsection (g).
(c) In cases in which a party has proven a lack of means to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, but there exists a present inability of the other party to supply those means, a court, when the circumstances of the case make it equitable, shall reserve jurisdiction to award rehabilitative or periodic alimony. If there is neither an award of alimony nor a reservation of jurisdiction at the time of the divorce, the court shall permanently lose jurisdiction to subsequently make an award of rehabilitative or periodic alimony.
(d) In determining whether a party has a sufficient separate estate to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, the court shall consider any and all relevant evidence, including all of the following:
(1) The party’s own individual assets.
(2) The marital property received by or awarded to the party.
(3) The liabilities of the party following the distribution of marital property.
(4) The party’s own wage-earning capacity, taking into account the age, health, education, and work experience of the party as well as the prevailing economic conditions.
(5) Any benefits that will assist the party in obtaining and maintaining gainful employment.
(6) That the party has primary physical custody of a child of the marriage whose condition or circumstances make it appropriate that the party not be required to seek employment outside the home.
(7) Any other factor the court deems equitable under the circumstances of the case.
(e) In determining whether the other party has the ability to pay alimony, the court shall consider any and all evidence, including all of the following:
(1) His or her own individual assets, except those assets protected from use for the payment of alimony by federal law.
(2) The marital property received by or awarded to him or her.
(3) His or her liabilities following the distribution of marital property.
(4) His or her net income.
(5) His or her wage-earning ability, considering his or her age, health, education, professional licensing, work history, family commitments, and prevailing economic conditions.
(6) That he or she has primary physical custody of a child of the marriage whose condition or circumstances make it appropriate that he or she not be required to maintain employment outside the home.
(7) Any other factor the court deems equitable under the circumstances of the case.
(f) In determining whether the award of rehabilitative or periodic alimony is equitable, the court shall consider all relevant factors including all of the following:
(1) The length of the marriage.
(2) The standard of living to which the parties became accustomed during the marriage.
(3) The relative fault of the parties for the breakdown of the marriage.
(4) The age and health of the parties.
(5) The future employment prospects of the parties.
(6) The contribution of the one party to the education or earning ability of the other party.
(7) The extent to which one party reduced his or her income or career opportunities for the benefit of the other party or the family.
(8) Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of property.
(9) All actual damages and judgments from conduct resulting in criminal conviction of either spouse in which the other spouse or child of the marriage was the victim.
(10) Any other factor the court deems equitable under the circumstances of the case.
(g) Except upon a finding by the court that a deviation from the time limits of this section is equitably required, a person shall be eligible for periodic alimony for a period not to exceed the length of the marriage, as of the date of the filing of the complaint, with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility.
(h) An order awarding rehabilitative or periodic alimony may be modified based upon application and a showing of material change in circumstances.
(i) Rehabilitative or periodic alimony awarded under this section terminates as provided in Section 30-2-55, or upon the death of either spouse.
(Act 2017-164, §2.)
Sections 30-2-56 and 30-2-57 govern actions for divorce, legal separation, or annulment filed on or after January 1, 2018. The law in effect before January 1, 2018, shall continue to govern any action concerning alimony in any case concerning divorce, legal separation, or annulment that was filed before January 1, 2018.
(Act 2017-164, §3.)
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.
(Code 1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)
(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days’ notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability, and fitness of the parents, and the age and sex of the children.
(b) Upon the hearing of the motion, witnesses may be examined orally or testimony may be taken as in other civil actions. While the application is pending, the court may direct an injunction or make any order that the safety and well-being of the wife or children may require.
(Code 1852, §§2006, 2007; Code 1867, §§2397, 2398; Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907, §§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79, 80.)
[Repealed]
Repealed by Act 99-436, p. 862, §2, effective September 1, 1999.
(Acts 1983, 2nd Ex. Sess., No. 83-176, p. 345, §1; Acts 1989, No. 89-864, p. 1731, §1; Acts 1995, No. 95-584, p. 1242, §1.)
[Repealed]
Repealed by Act 2016-362, §3, effective August 1, 2016.
(Act 99-436, p. 862, §1; Act 2003-383, p. 1084, §1; Act 2011-539, p. 981, §1; Act 2011-562, p. 1068, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption.
(2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child’s emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized.
(b) A grandparent may: (i) file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild; or (ii) file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable visitation rights with respect to the grandchild if any of the following circumstances exist:
(1) An action for a divorce or legal separation of the parents has been filed or the marital relationship between the parents of the child has been severed by death or divorce.
(2) The child was born out of wedlock and the petitioner is a maternal grandparent of the child.
(3) The child was born out of wedlock, the petitioner is a paternal grandparent of the child, and paternity has been legally established.
(4) An action to terminate the parental rights of a parent or parents has been filed or the parental rights of a parent has been terminated by court order; provided, however, the right of the grandparent to seek visitation terminates if the court approves a petition for adoption by an adoptive parent, unless the visitation rights are allowed pursuant to Section 26-10E-29.
(c)(1) There is a rebuttable presumption that a fit parent’s decision to deny or limit visitation to the petitioner is in the best interest of the child.
(2) To rebut the presumption, the petitioner shall prove both of the following by clear and convincing evidence:
a. The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation.
b. Visitation with the petitioner is in the best interest of the child.
(d) To establish a significant and viable relationship with the child, the petitioner shall prove any of the following by clear and convincing evidence:
(1)a. The child resided with the petitioner for at least six consecutive months with or without a parent present within the three years preceding the filing of the petition.
b. The petitioner was the caregiver to the child on a regular basis for at least six consecutive months within the three years preceding the filing of the petition.
c. The petitioner had frequent or regular contact with the child for at least 12 consecutive months which resulted in a strong and meaningful relationship with the child within the three years preceding the filing of the petition.
(2) Any other facts that establish the loss of the relationship between the petitioner and the child is likely to harm the child.
(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner shall prove all of the following by clear and convincing evidence:
(1) The petitioner has the capacity to give the child love, affection, and guidance.
(2) The loss of an opportunity to maintain a significant and viable relationship between the petitioner and the child has caused or is reasonably likely to cause harm to the child.
(3) The petitioner is willing to cooperate with the parent or parents if visitation with the child is allowed.
(f) The court shall make specific written findings of fact in support of its rulings.
(g)(1) A grandparent or grandparents who are married to each other may not file a petition seeking an order for visitation more than once every 24 months absent a showing of good cause. The fact that a grandparent or grandparents who are married to each other have petitioned for visitation shall not preclude another grandparent from subsequently petitioning for visitation within the 24-month period. After an order for grandparent visitation has been granted, the parent, guardian, or legal custodian of the child may file a petition requesting the court to modify or terminate a grandparent’s visitation time with a grandchild.
(2) The court may modify or terminate visitation upon proof that a material change in circumstances has occurred since the award of grandparent visitation was made and a finding by the court that the modification or termination of the grandparent visitation rights is in the best interest of the child.
(h) The court may award any party reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, guardian ad litem fees, investigative fees, expenses for court-appointed witnesses, travel expenses, and child care during the course of the proceedings.
(i) Notwithstanding any provisions of this section to the contrary:
(1) A petition filed by a grandparent having standing under Chapter 10E of Title 26 seeking visitation shall be filed in probate court and is governed by Section 26-10E-29, rather than by this section if either of the following circumstances exists:
a. The grandchild has been the subject of an adoption proceeding other than the one creating the grandparent relationship.
b. The grandchild is the subject of a pending or finalized adoption proceeding.
(2) A grandparent seeking visitation pursuant to Section 12-15-314 shall be governed by that section rather than by this section; and
(3) A parent of a parent whose parental rights have been terminated by a court order in which the petitioner was the State Department of Human Resources, shall not be awarded any visitation rights pursuant to this section.
(j) The right of a grandparent to maintain visitation rights pursuant to this section terminates upon the adoption of the child except as provided by Section 26-10E-29.
(k) All of the following are necessary parties to any action filed under this section:
(1) Unless parental rights have been terminated, the parent or parents of the child.
(2) Every other person who has been awarded custody or visitation with the child pursuant to court order.
(3) Any agency having custody of the child pursuant to court order.
(l) In addition, upon filing of the action, notice shall be given to all other grandparents of the child. The petition shall affirmatively state the name and address upon whom notice has been given.
(m) Service and notice shall be made in the following manner:
(1) Service of process on necessary parties shall be made in accordance with the Alabama Rules of Civil Procedure.
(2) As to any other person to whom notice is required to be given under subsection (l), notice shall be given by first class mail to the last known address of the person or persons entitled to notice. Notice shall be effective on the third day following mailing.
(n) Notwithstanding subsection (m), the notice requirements provided by this section may be limited or waived by the court to the extent necessary to protect the confidentiality and the health, safety, or liberty of a person or a child.
(o) Upon filing an action under this section and after giving special weight to the fundamental right of a fit parent to decide which associations are in the best interest of his or her child, the court, after a hearing, may enter a pendente lite order granting temporary visitation rights to a grandparent, pending a final order, if the court determines from the evidence that: (i) the petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; (ii) visitation would be in the best interest of the child; and (iii) any of the following circumstances exist:
(1) The child resided with the grandparent for at least six consecutive months within the three years preceding the filing of the petition.
(2) The grandparent was the caregiver of the child on a regular basis for at least six consecutive months within the three years preceding the filing of the petition.
(3) The grandparent provided significant financial support for the child for at least six consecutive months within the three years preceding the filing of the petition.
(4) The grandparent had frequent or regular contact with the child for at least 12 consecutive months within the three years preceding the filing of the petition.
(p) As a matter of public policy, this section recognizes the importance of family and the fundamental rights of parents and children. In the context of grandparent visitation under this section, a fit parent’s decision regarding whether to permit grandparent visitation is entitled to special weight due to a parent’s fundamental right to make decisions concerning the rearing of his or her child. Nonetheless, a parent’s interest in a child shall be balanced against the long-recognized interests of the state as parens patriae. Thus, as applied to grandparent visitation under this section, this section balances the constitutional rights of parents and children by imposing an enhanced standard of review and consideration of the harm to a child caused by the parent’s limitation or termination of a prior relationship of a child to his or her grandparent.
(Act 2016-362, §§1, 2; Act 2025-407, §1.)
Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree awarding custody of a child or children to a parent and/or granting visitation rights, and/or awarding child support, and/or awarding other expenses incident to the support of a minor child or children, and/or granting post-minority benefits for a child or children is changed so that venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the circuit court of the county where both the current custodial parent or, in the case of post-minority benefits, where the most recent custodial parent, that parent having custody at the time of the child’s attaining majority, and the child or children have resided for a period of at least three consecutive years immediately preceding the filing of the petition or other action. The current or most recent custodial parent shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
(Acts 1984, No. 84-324, p. 744; Acts 1990, No. 90-666, p. 1282.)
(a) As used in this section, the following terms shall have the following meanings:
(1) SUPPORT. Support of any child, with respect to whom a support order exists, and support of a spouse or former spouse with respect to whom a support order exists where incidental to an order of child support as required by Title IV-D of the Social Security Act.
(2) OVERDUE SUPPORT. A delinquency in an obligation of “support,” as such term is defined in this section, the obligation having been previously determined under a court order or judgment.
(3) OBLIGOR. Any person required to make payments under the terms of a support order or comply with visitation orders.
(4) OBLIGEE. Any person or entity which is entitled to receive support pursuant to a support order and who is receiving support services from the Department of Human Resources pursuant to Title IV-D of the Social Security Act.
(b) In addition to any other remedy provided by law where an action is initiated for the enforcement of support, a court of this state having jurisdiction over the enforcement action may in its discretion, where request therefor is included in the petition or other pleading, issue an order requiring the obligor to post a bond, give security, or give some other guarantee to secure the payment of overdue support or compliance with visitation orders. The amount of security, bond, or other payment guarantee to be required is at the discretion of the court. Provided, that the petition or other original pleading shall clearly notify the obligor that, in addition to the relief being sought through the underlying enforcement proceeding, the petitioner or complainant is seeking to have the court set a bond, security, or other guarantee of payment. The obligor shall have the opportunity to be heard on the matter of the bond, security, or other guarantee of payment at the time of the hearing on the enforcement action.
(c) If the required payments are not made as ordered and the security, bond, or other guarantee to secure payment is forfeited, the proceeds therefrom shall be applied to the support due.
(Acts 1986, Ex. Sess., No. 86-699, p. 105.)
(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 the payments may petition the court that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101 to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have been met:
(1) The parent has paid the past due amount and has paid the current child support payments for 12 months before petitioning the court.
(2) The parent has entered into a repayment agreement, has made all payments on the agreement for at least 12 months, and has paid the current child support payments for 12 months before petitioning the court.
(b) Before a court may order a rebate of interest, each party to whom interest is owed must agree in writing to the rebate of interest and the amount of interest rebated. A court of competent jurisdiction may reinstate the interest rebated upon a subsequent finding of contempt of court for failure to pay child support.
(c) This section shall apply to all child support orders entered before and after August 1, 2004.
(Act 2004-552, p. 1190, §1.)
(a) The Department of Human Resources, Child Support Enforcement Division, may establish a program for the publication, in newspapers with general circulation throughout the state, of a listing of 10 child support obligors in any county who are delinquent in their support payments. Each publication shall display photographs of and information about the 10 obligors in any county who are liable for support arrearages and whose whereabouts are unknown to child support agencies. Each publication shall list a toll-free telephone number for the division that may be called to report information regarding the whereabouts of any of the obligors displayed in the publication. The department may include any other information in the publication that it considers appropriate.
(b) Prior to any publication or public listing, the Department of Human Resources shall send to each obligor whose name will be published pursuant to this section a notice by regular mail to the obligor’s last known address. The notice shall state that the obligor may avoid being included in the publication pursuant to this section by doing all of the following within 90 days after receipt of notice:
(1) Making a child support payment to the Department of Human Resources, Child Support Enforcement Division, that is at least equal to the amount of support the obligor is required to pay each month under the support order or a percentage of child support arrears owed by the obligor, whichever amount is greater.
(2) Providing the division with the obligor’s current address.
(3) Providing the division with verification from each of the obligor’s current employers of the obligor’s current wages, salary, and other compensation.
(4) Providing the division with verification that the obligor has arranged for withholding from the obligor’s wages, salary, or other compensation to pay support and for payment of arrearages.
(c) The division shall determine whether any obligor whose name will be published has met all of the conditions of subsection (b). If the division determines that an obligor has done so, the division shall remove the obligor from the list of obligors before making the final selection of obligors for publication.
(d) The Department of Human Resources, Child Support Enforcement Division, shall distribute for publication and post on the DHR website at a minimum of twice a year or monthly as deemed appropriate by the division, the obligors who are to appear in publication.
(e) The Department of Human Resources, Child Support Enforcement Division, shall adopt rules and regulations pursuant to the Alabama Administrative Procedure Act for the operation of the program. The rules shall specify the following:
(1) Criteria for the division to use in reviewing the names of obligors for publication and for selecting the delinquent obligors to be included in the publication.
(2) Criteria for providing the notice specified in subsection (b).
(3) Notification that the obligor is responsible for all costs for the publication.
(4) The department must design a system of safeguards which protect innocent parties. Such safeguards and procedures must be approved by the Legislative Council within one year of passage.
(5) Any other criteria necessary for the operation of the program.
(f) The Department of Human Resources and its employees and agents and any newspaper publishing any information pursuant to this section shall be immune from any civil or criminal liability that might otherwise be imposed or incurred in carrying out the provisions of this section.
(Act 2000-322, p. 516, §1.)
(a) A military deployment, including past, previous, or future deployments, may not be considered by the court as the sole factor when making an original child custody determination, or in modifying an existing child custody determination, in any proceeding involving any person who has sought, or is seeking, custodial rights to, or visitation rights with, a child.
(b) Any order granting a continuance or stay of a child custody case granted pursuant to the Federal Servicemembers Civil Relief Act, 50 App. U.S.C. Sections 501 to 596, inclusive, may include a pendente lite custody determination order.
(c) Nothing in this section shall be construed so as to limit or expand the legal rights of any person under any existing law.
(Act 2015-366, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) BLINDNESS. A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye that has a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered to have a central visual acuity of 20/200 or less. The term also includes a degenerative condition that reasonably can be expected to result in blindness.
(2) SUPPORTIVE PARENTING SERVICES. Services that may assist a blind parent or prospective blind parent in the effective use of non-visual techniques and other alternative methods to enable the parent or prospective parent to discharge parental responsibilities as successfully as a parent who is not blind.
(b) The Legislature finds the following:
(1) Blind individuals should be given equal opportunity to successfully parent their children to the fullest extent possible.
(2) Blind individuals should be afforded equal opportunity in family and dependency proceedings where custody and visitation are at stake and in public and private adoption, guardianship, and foster care proceedings.
(c) The purpose of this section is to protect the best interests of children parented by blind individuals or children who could be parented by blind individuals through the establishment of procedural safeguards that require adherence to the Americans with Disabilities Act and respect for the due process and equal protection rights of blind parents or prospective blind parents in the context of child welfare, foster care, family law, and adoption.
(d)(1) A parent’s blindness may not serve as a basis for denial or restriction of visitation or custody in family or dependency cases when the visitation or custody is determined to be otherwise in the best interest of the child.
(2) A prospective parent’s blindness may not serve as a basis for his or her denial of participation in public or private adoption when the adoption is determined to be otherwise in the best interest of the child.
(3) An individual’s blindness may not serve as a basis for denial of foster care or guardianship when the appointment is determined to be otherwise in the best interest of the child.
(4) Where a parent or prospective parent’s blindness is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving that the behaviors are endangering or will likely endanger the health, safety, or welfare of the child and that there exists no reasonable supporting parenting services to alleviate those concerns.
(5) The court may require that the supportive parenting services be put in place with an opportunity to review the need for continuation of the services within a reasonable period of time.
(Act 2019-274, §§1-4.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §25.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §1.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §2.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §3.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §4.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §5.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §6.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §7.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §8.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §9.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §10.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §11.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §12.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §13.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §14.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §15.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §16.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §17.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §18.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §19.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §20.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §21.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §22.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §23.)
[Repealed]
Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
(Acts 1980, No. 80-92, p. 121, §24.)
As used in this article, the following terms shall have the following meanings:
(1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court’s clerical duties in regard to domestic relations matters, support and nonsupport cases, including the receipt and disbursement of support payments.
(2) COURT. Any juvenile or family court division of the circuit or district court in the county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found and, in the case of a petition seeking a divorce or legal separation, a petition seeking a modification of support previously ordered under a divorce decree or a petition seeking a contempt citation for failure to pay support previously ordered under a divorce decree, the circuit court or the domestic relations division of the circuit court. Provided, further, in cases involving the enforcement of another state’s order of support within this state, court may mean the courts hereinabove prescribed of the county where the employer is located or is found, and such term may also mean, when the context requires, the court or agency of another state or jurisdiction outside the State of Alabama whose functions include the issuance and enforcement of support orders.
(3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the county department of human resources.
(4) EMPLOYER. Any person, business, corporation, partnership, company, firm, or unit of municipal, county, state, or federal government.
(5) INCOME. Wages, salary, tips, commissions, bonuses, unemployment compensation, workers’ compensation, disability payments, payments pursuant to a pension or retirement program and interest, and any and all money due or payable to a person, the entitlement to which is based upon remuneration for employment, past or present, after the deduction of those amounts required to be withheld by law. Income shall also include any other continuous or periodic income from whatever source whether earned or unearned except as expressly limited by law.
(6) INCOME WITHHOLDING ORDER or NOTICE. An order or notice in the standardized format prescribed under Title IV-D of the Social Security Act, as amended, that requires an employer to deduct a portion of an employee’s income for the payment of support.
(7) OBLIGEE. Any person for whom support benefits are ordered by the court and shall specifically include the Department of Human Resources when any person has assigned their rights to support payments to the department under any provision of law or when the department is otherwise representing the obligee. Provided, when the context requires, obligee may also include an agency or department of this or another state or jurisdiction to which a person has assigned his or her rights to support.
(8) OBLIGOR. Any person ordered by the court to make periodic payments for the benefit and support of another person or minor child.
(9) STATE or JURISDICTION. Such terms shall include any state or subdivision thereof, any possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any foreign jurisdiction in which a similar law is in effect.
(10) SUPPORT or SUPPORT ORDER. Any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse or former spouse, issued by a court of this state or, where the context requires, a court or agency of another state or jurisdiction, whether interlocutory or final, including orders issued for any of the following purposes:
a. Current support of a minor child.
b. Current medical support, which includes the cost of medical insurance or unreimbursed medical expenses.
c. Arrearage that has accrued due to unpaid child or medical support during the child’s minority, including enforcement post-majority of arrearages accrued during minority and interest that has accrued or continues to accrue on that arrearage.
d. Spousal support when such spousal support is collected by the Department of Human Resources or the department’s designee pursuant to the requirements of Title IV-D of the Social Security Act.
(Acts 1984, No. 84-445, p. 1035, §1; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §1; Acts 1997, No. 97-447, p. 772, §11; Act 2009-146, p. 282, §1.)
(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 the payment of support, any decree or judgment entered pursuant to a petition to modify an original decree or award of support, any decree or judgment of contempt of court for failure to pay support as previously ordered by a court of this state, or any decree or judgment for criminal or civil nonsupport shall include as a separate section a withholding order subject to subsection (c) of this section directing any employer of the obligor to withhold and pay over to the clerk of the court or the Department of Human Resources, or its designee, whichever is appropriate, out of income due or to become due the obligor at each pay period, an amount ordered to be paid for support. The withholding order shall not under any circumstances be waived by mutual agreement of the parties to the case.
(b) The withholding order shall recite the amount of the obligor’s continuing support obligation and shall require the withholding of the support obligation from the income due or becoming due to the obligor at each pay period and payment to the clerk of the court out of which the order is issued or the department or its designee, whichever is appropriate within seven business days of the date the obligor is paid the paycheck from which the support is withheld. Provided, if the obligor’s support obligation is ordered to be paid monthly and the obligor’s pay periods are at more frequent intervals, the employer may withhold at each pay period an amount cumulatively sufficient to equal the total monthly support obligation and pay the amount withheld at each pay period over to the clerk of the court or the department or its designee, within seven business days of the date the obligor is paid the paycheck from which the amount is withheld. The employer shall withhold the obligation amount as directed in the income withholding order, except that when an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor’s principal place of employment in determining the following:
(1) The employer’s fee for processing an income withholding order.
(2) The maximum amount permitted to be withheld from an obligor’s income.
(3) The time periods within which the employer is required to implement the income withholding order and forward the obligor’s payment.
(4) The priorities for withholding and allocating income withheld for multiple child support obligees.
(5) Any withholding terms or conditions not specified in the order.
(c) The withholding order shall also recite the duty of the obligor and the employer to notify the collecting agency of any change in employment or termination of income of the obligor as provided in this article.
(d) A withholding order issued pursuant to this section shall be a continuing order and shall remain in effect and be binding upon any employer upon whom it is served until further order of the court. Where any order of support is entered or modified, the withholding order issued pursuant to this section shall be served immediately upon the obligor’s employer and shall take effect immediately; except immediate withholding shall not be implemented in any case where one of the parties demonstrates, and the court finds, there is good cause not to require immediate income withholding, or a written agreement is reached between both parties which provides for an alternative arrangement. In such cases, income withholding shall be implemented if the absent parent fails to make payments in an amount equal to one month’s support obligation, or the absent parent requests immediate withholding, or the payee or the department requests that withholding begin and the absent parent has failed to make a payment or payments on the date or dates due.
(e) In the event the obligor becomes delinquent in the support payments in a dollar amount equal to one or more month’s support obligation, or a withholding order entered at the request of the department was not immediately served upon the employer, or at such time as the obligor wishes to have the income withholding order served upon his employer, the obligee or the obligor may file with the clerk of the court a sworn affidavit stating the appropriate basis upon which service of the income withholding order is now being sought. Upon the filing of the affidavit and the payment of a docket fee in the same amount as is prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall be served upon the obligor by first class mail. Provided, the cost of the filing shall not be prepaid if, upon the filing of an affidavit of substantial hardship, the obligee or obligor is found by the court to be incapable of prepaying the cost or if the affidavit is filed by the department or a representative of the department, but in such cases the cost of the filing shall be taxed as costs against the obligor at the time service of the order is requested and shall be withheld from the obligor’s first pay period subjected to the income withholding order. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.
(f) In the event that the obligor with a support obligation imposed by a support order issued or modified in the state before October 1, 1996, becomes delinquent in support payments in a dollar amount equal to one or more month’s support obligation, the income of the obligor, if not otherwise subject to withholding, shall become subject to withholding, without the need for a judicial or administrative hearing.
(Acts 1984, No. 84-445, p. 1035, §2; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §2; Acts 1989, No. 89-660, p. 1312, §1; Acts 1991, No. 91-559, §1; Acts 1993, No. 93-321, p. 484, §1; Acts 1997, No. 97-447, p. 772, §11.)
(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 support, the obligee, district attorney, or representative of the Department of Human Resources may file with a court of this state, as defined in this article, a petition seeking an order of income withholding. Additionally, for all existing support orders issued in the State of Alabama that do not provide for income withholding and upon the filing of an application for support services by the obligee with the department, the department shall petition the court for an income withholding order pursuant to this section. The obligee, district attorney, or representative of the department shall file with the clerk of the court the following documents:
(1) Three copies of a petition seeking the income withholding order, that include the name and address of both the obligor and obligee.
(2) One certified copy and two additional copies of the original support order with all modifications thereof.
(3) A sworn affidavit of the obligee, or a certified statement of the agency, of the arrearages, if any, and any assignment of support rights.
(4) Two copies of a notice of the proposed income withholding. The notice shall advise the obligor that an income withholding order shall be issued by the court in accordance with this section.
(b) The obligor shall be served by the methods authorized in the Alabama Rules of Civil Procedure with a copy of all the documents listed in subsection (a) of this section.
(c) An income withholding order shall be issued by the court unless the obligor requests a hearing within 10 days of the date of service of the petition and notice. If the obligor requests a hearing, the hearing shall be held and a decision rendered within 45 days of the date of service of the petition and notice upon the obligor unless the obligee, district attorney, or representative of the department requests a continuation of the case to a later date or the court, on its own motion and for good cause shown, continues the case to a later date. An obligor may contest the issuance of an income withholding order under this section only on the basis of mistakes of fact. The income withholding order issued pursuant to this section may be issued by any court competent to adjudicate these proceedings, as that term is defined in this article, and shall be issued without the need for an amendment to the existing support order.
(d) An order entered pursuant to this section shall recite the amount required to be withheld as continuing support for each month, the total amount of all accumulated arrearages, if any, and the amount required to be withheld for each month in order to satisfy the arrearage. The order shall require withholding from the income due or becoming due the obligor at each pay period and payment to the clerk of the court or the department or its designee, whichever is appropriate, of the amounts ordered pursuant to this section. If the obligor’s support obligation is required to be paid on a monthly basis and his or her pay periods are at more frequent intervals, the employer may withhold, at each pay period, amounts cumulatively sufficient to equal the total monthly arrearage due, if any, and the total monthly continuing support obligation and pay over to the clerk of the court or the department, or its designee, the amount withheld in accordance with subsection (b) of Section 30-3-61. When payments are ordered made directly to the clerk of the court, it shall be the responsibility of the clerk to disburse the payments in accordance with the court’s order.
(e) Any order entered pursuant to this section shall be continuing and binding upon any employer upon whom it is served until further order of the court. A withholding order issued pursuant to this section shall not be served on the employer and shall not take effect unless the obligor is or becomes delinquent in a dollar amount equal to one month of support payments, the obligor requests that the withholding order take effect at an earlier date, or the court otherwise orders that the withholding order take effect at an earlier date.
(f) In the event the obligor becomes delinquent in the support payments in a dollar amount equal to one or more month’s support obligation, or at the time as the obligor wishes to have the income withholding served upon his or her employer, the obligee or the obligor may file with the clerk of the court a sworn affidavit stating the appropriate basis upon which service of the income withholding order is now being sought. Upon the filing of the affidavit and the payment of a docket fee in the same amount as is prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall also be served upon the obligor by first class mail. The cost of such a filing shall not be prepaid if, upon the filing of an affidavit of substantial hardship, the obligee or obligor is found by the court to be incapable of prepaying the cost or if the affidavit is filed by the department or a representative of the department, but in those cases the cost of the filing shall be taxed as costs against the obligor at the time service of the order is requested and shall be withheld from the obligor’s first pay period subjected to the income withholding order. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.
(g) When an income withholding order is entered pursuant to this section by a court other than the court which originally entered the support order, a copy of the income withholding order shall be forwarded by the clerk of the court entering the order to the clerk of the court which entered the original support order. The clerk of the court which entered the original order of support shall also be notified whenever the income withholding order is served upon an employer and withholdings are to commence.
(h) A withholding order issued under this section or Section 30-3-61 shall be promptly terminated when the obligor requests termination and withholding has not been terminated previously and subsequently initiated and there is a written agreement signed by both the custodial and absent parent, and in IV-D cases in which there is an assignment of support rights to the state, by the department, providing for an alternative arrangement as provided in subsection (c) of Section 30-3-61. In those cases, income withholding shall be reinstated if the absent parent fails to make payments in the amount of one month’s support obligation or the absent parent requests immediate income withholding or the payee or the department requests that withholding be reinstated and the absent parent has failed to make a payment or payments on the date or dates due. A withholding order reinstated pursuant to this provision shall be permanent for the duration of the obligation for support, or until such time as the withholding order is modified or terminated pursuant to Section 30-3-64 or Section 30-3-65.
(i) A withholding order issued under this section or Section 30-3-61 shall be terminated without the necessity of a hearing when the obligor files with the clerk of the court that issued the withholding order a sworn affidavit stating that all children subject to the order have reached the age of majority and that no arrearage is owed on the withholding order or a spousal support order or stating other conditions of termination as specified in subsection (h) of this section. Upon filing of the affidavit and the payment of the docket fee prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the affidavit shall be served by first class mail upon the obligee and upon the department when the case is a IV-D case. An order terminating income withholding shall be issued by the court unless the obligee or the department requests a hearing within 20 days of service of the affidavit. If the obligee or the department requests a hearing, the hearing shall be held and a decision rendered within 45 days of the date of service of the affidavit upon the obligee and the department, as appropriate, unless the obligor requests a continuation of the case to a later date or the court, on its own motion and for good cause shown, continues the case to a later date. The termination of the income withholding issued pursuant to this section may be issued without the need for a hearing except as specified in this section. A copy of the termination of income withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall also be served upon the obligee and the department as appropriate by first class mail. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.
(Acts 1984, No. 84-445, p. 1035, §3; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §3; Acts 1991, No. 91-559, p. 1030, §2; Acts 1994, No. 94-589, p. 1085, §1.)
(a) When a petition seeking an order of income withholding as provided in subsection (a) of Section 30-3-62 is initiated in any case which does not arise pursuant to Title IV-D of the Social Security Act, there shall be collected, by the clerk of the court, the filing fee prescribed for other civil cases, generally, as set forth in Section 12-19-71 and other applicable statutes. The fee shall be collected by the clerk at the time the proceeding is initiated and shall be disbursed as provided in Section 12-19-72 and other appropriate provisions of law. Provided, that when representing or otherwise acting on behalf of the obligee neither the State of Alabama nor any agency thereof, nor any person whom the court finds incapable of payment, upon execution of an affidavit of substantial hardship, as provided in Section 12-19-70, shall be required to pay the fees prescribed by this subsection. The court may order all costs taxed against the obligor to be withheld from the first pay period covered by the support order and, in such instances, to be paid by the employer directly to the clerk of the court. Provided further, the amount of costs taxed against the obligor and withheld from the first pay period shall be over and above any moneys withheld for support, but shall be subject to the limitations of Section 30-3-67.
(b) When an order for income withholding is entered by a court of this state as a part of an original order for the payment of support or as a part of an order in any of the proceedings listed in subsection (a) of Section 30-3-61, there shall be no new or additional filing fee assessed in such cases.
(Acts 1984, No. 84-445, p. 1035, §4; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §4.)
Within 14 days of the service of an income withholding order upon an employer, the employer shall file an answer with the court which issued the order. The answer shall state whether or not the obligor is employed by the employer and whether the employer has in his or its possession income, as such term is defined in this article, due or due to become due to the obligor. The answer shall also indicate the amount of the obligor’s disposable income, as such term is defined in the Federal Consumer Credit Act, and whether the obligor’s disposable income is currently subject to any writ of garnishment, previous income withholding order or other legal process and the nature and extent of such previous judgment and process. If the employer answers that the obligor has income which is subject to the order for income withholding the order entered pursuant to any of the provisions of this article shall become binding upon any such employer, including successive employers, 14 days after service pursuant to the Alabama Rules of Civil Procedure, and shall remain effective until further order of the court. Provided, any order for income withholding may be modified or terminated by the court at any time upon a finding by the court of a material and substantial variance in the facts as originally established by the court or due to a change in circumstances which is substantial and continuing and which is otherwise sufficient grounds, under existing and future case law and statutory law, for such modification or termination.
(Acts 1984, No. 84-445, p. 1035, §5; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §5.)
(a) An obligee shall notify the clerk of the court, or the Department of Human Resources or its designee, whichever office is collecting the support payments which have been ordered withheld, of any change in address of the obligee.
(b) If the clerk of the court, the department or its designee is unable to deliver payments under the order for a period of three consecutive months due to the obligee’s failure to notify either of them of an address change, the clerk, the department or its designee shall not attempt further payment under the order and shall, upon the court’s order, return the payments to the employer and the court shall terminate the income withholding order upon request.
(Acts 1984, No. 84-445, p. 1035, §6; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §6.)
The obligor and any employer upon whom an income withholding order has actually been served, including successive employers, shall notify the court office collecting the support payments of any changes in employment and the name and address, if known, of any new employer or of any termination of periodic benefits which constitute income. The collecting office shall, in turn, notify the obligee of any such change and of the right to file a written request for service upon any new employer of the obligor. If the income withholding order has previously been served upon an employer, upon the filing of a written request by the obligee indicating the name and address of any new employer of the obligor and the payment of the actual cost of service as further provided in this section, the clerk of the court shall cause to be served, pursuant to Alabama Rules of Civil Procedure, a copy of the income withholding order upon any new employer. The cost of service shall be taxed against the obligor at the time the order is served. The new employer shall file an answer as provided in this article acknowledging receipt of the order within 14 days of actual receipt of the order. Actual cost of service for the purposes of this section shall mean the amount prescribed by law for the service of process upon an additional defendant in a civil proceeding or the actual cost of certified mail when that mode of service is requested.
(Acts 1984, No. 84-445, p. 1035, §7; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §7.)
Any order to withhold income issued and served upon any employer of the obligor pursuant to this article shall have priority over any writ of garnishment or any other state legal process against the same income of the obligor whether the writ of garnishment or other process was served prior or subsequent to the order of income withholding. Any order for income withholding issued pursuant to this article may exceed the statutory maximum amounts prescribed in Section 6-10-7 for garnishment proceedings in Alabama, but such order, including amounts taxed against the obligor as court costs, may not exceed the maximum statutory amounts prescribed under federal law for garnishments issued to enforce support obligations. Provided, if an obligor’s income is subject to more than one withholding order or a current writ of garnishment for child support and a withholding order, the total amounts withheld may not exceed the statutory maximums herein prescribed and the current month’s support payments shall be satisfied before any arrearages are satisfied.
(Acts 1984, No. 84-445, p. 1035, §8; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §8.)
No employer who complies with an order under this article according to its terms shall be liable to the obligor or to any other person claiming rights derived from the obligor for wrongful withholding.
(Acts 1984, No. 84-445, p. 1035, §9.)
An employer who willfully fails or refuses to withhold or pay the amounts as ordered may be held to be in contempt of court. Additionally, such employer may be personally liable to the obligee for failure to answer or withhold, and in such cases conditional and final judgment for the amounts ordered to be withheld may be entered by the court and against the employer as in the case of conditional and final judgment against a garnishee for failure to answer, as provided in Section 6-6-457.
(Acts 1984, No. 84-445, p. 1035, §10; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §9.)
An employer who pays his or her employee in a manner intending to protect the wages of the employee from being garnished or withheld for the purpose of or the collection of child support payments owed by the employee shall be personally liable for the amount of child support owed as if the child support had been withheld under Chapter 3 of this title or to the same degree as an employer who willfully fails or refuses to withhold or pay the amounts required under Section 30-3-69.
Proof of the employer’s intent to protect the wages of the employee in a manner violating this section must be established by clear and convincing evidence.
(Act 2015-365, §1.)
No employer shall discharge an employee or refuse to hire a person because of the entry of an order of withholding or service of the same under this article. Any employer who violates this section may be held to be in contempt of court.
(Acts 1984, No. 84-445, p. 1035, §11.)
The employer shall be authorized to deduct from the obligor’s income a fee of up to $2 per month for expenses incurred under this article.
(Acts 1984, No. 84-445, p. 1035, §12.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §1(a); Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §1(b); Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §1(c); Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §2; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §3; Acts 1991, No. 91-559, p. 1030, §3; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §4; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §5; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §6; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §7; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 1997, No. 97-245, §1, effective January 1, 2000.
(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §8; Acts 1997, No. 97-245, p. 398, §1.)
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 a duty to support as the legal parent of a child or children but has failed to provide support. The action may be brought by the parent or guardian with physical or legal custody who is providing the actual care and support for the child or may be brought by the Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action under this section can be brought only if support has not previously been ordered pursuant to a divorce or other action in this or any other jurisdiction.
(Acts 1994, No. 94-213, p. 298, §1.)
The action shall be commenced prior to the time the child or children reaches the age of majority.
(Acts 1994, No. 94-213, p. 298, §2.)
An action for retroactive support shall be filed in the juvenile or family court division of the district or circuit court in the county in which the parent or guardian resides or in the county in which the child resides. There shall be no right to a jury trial.
(Acts 1994, No. 94-213, p. 298, §3.)
An order of retroactive support may be awarded against the non-supporting parent irrespective of the marital status of the parties.
(Acts 1994, No. 94-213, p. 298, §4.)
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 support. For all time periods in which support is requested, the court shall consider the needs of the child or children and the ability of the parents to respond to these needs, and shall determine the amount of support due for each period by application of the child support guidelines found in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during the time period for which support is sought. If the judgment for retroactive support includes support due for a period of time in which aid was paid by the Department of Human Resources and an assignment of support rights thereby exists under Section 38-10-4 and Section 38-10-5, the department shall be entitled to recover any support due the department under Section 38-10-6.
(Acts 1994, No. 94-213, p. 298, §5.)
The action for retroactive support authorized by this article is in addition to any rights to retroactive support granted by any other provision of law including, but not limited to, Section 26-17-8 nor shall the provisions of the article limit or affect the state’s right to recover assistance paid as provided in Section 38-10-6.
(Acts 1994, No. 94-213, p. 298, §6.)
For the purposes of this article “domestic or family abuse” means an incident resulting in the abuse, stalking, assault, harassment, or the attempt or threats thereof. “Abuse” means any offense under Article 4 of Chapter 6 of this title or Chapter 15 of Title 26. “Stalking” means any offense under Article 5 of Chapter 6 of this title. “Assault” means any offense under Article 2 of Chapter 6 of this title. “Harassment” means the offenses prescribed in Section 13A-11-8.
(Acts 1995, No. 95-629, p. 1332, §1; Act 2023-481, §2.)
In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.
(Acts 1995, No. 95-629, p. 1332, §2.)
(a) In addition to other factors that a court is required to consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of domestic or family violence the court shall consider each of the following:
(1) The safety and well-being of the child and of the parent who is the victim of family or domestic violence.
(2) The perpetrator’s history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person.
(b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation may not be a factor that weighs against the parent in determining the custody or visitation.
(Acts 1995, No. 95-629, p. 1332, §3.)
In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic or family violence in the location of that parent’s choice, within or outside the state.
(Acts 1995, No. 95-629, p. 1332, §4.)
In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, a finding that domestic or family violence has occurred since the last custody determination constitutes a finding of change in circumstances.
(Acts 1995, No. 95-629, p. 1332, §5.)
(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.
(b) In a visitation order, a court may take any of the following actions:
(1) Order an exchange of the child to occur in a protected setting.
(2) Order visitation supervised in a manner to be determined by the court.
(3) Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation.
(4) Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation.
(6) Prohibit overnight visitation.
(7) Require a bond from the perpetrator of domestic or family violence for the return and safety of the child.
(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family or domestic violence, or other family or household member.
(c) Whether or not visitation is allowed, the court may order the address of the child or the victim of family or domestic violence to be kept confidential.
(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a condition of receiving custody of a child or as a condition of visitation.
(e) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
(Acts 1995, No. 95-629, p. 1332, §6; Acts 1996, No. 96-261, p. 307, §1.)
The provisions of this article are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure.
(Acts 1995, No. 95-629, p. 1332, §7.)
Joint Custody. It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.
(Acts 1996, No. 96-520, p. 666, §1.)
For the purposes of this article the following words shall have the following meanings:
(1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.
(4) SOLE LEGAL CUSTODY. One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.
(5) SOLE PHYSICAL CUSTODY. One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.
(Acts 1996, No. 96-520, p. 666, §2.)
(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:
(1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions jointly.
(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
(4) Any history of or potential for child abuse, spouse abuse, or kidnapping.
(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.
(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.
(c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.
(Acts 1996, No. 96-520, p. 666, §3.)
(a) In order to implement joint custody, the court shall require the parents to submit, as part of their agreement, provisions covering matters relevant to the care and custody of the child, including, but not limited to, all of the following:
(1) The care and education of the child.
(2) The medical and dental care of the child.
(3) Holidays and vacations.
(4) Child support.
(5) Other necessary factors that affect the physical or emotional health and well-being of the child.
(6) Designating the parent possessing primary authority and responsibility regarding involvement of the minor child in academic, religious, civic, cultural, athletic, and other activities, and in medical and dental care if the parents are unable to agree on these decisions. The exercise of this primary authority is not intended to negate the responsibility of the parties to notify and communicate with each other as provided in this article.
(b) If the parties are unable to reach an agreement as to the provisions in subsection (a), the court shall set the plan.
(Acts 1996, No. 96-520, p. 666, §4.)
Unless otherwise prohibited by court order or statute, all records and information pertaining to the child, including, but not limited to, medical, physiological, dental, scholastic, athletic, extracurricular, and law enforcement, shall be equally available to both parents, in all types of custody arrangements.
(Acts 1996, No. 96-520, p. 666, §5.)
In making a determination of child support, the court shall apply Rule 32 of the Alabama Rules of Judicial Administration.
(Acts 1996, No. 96-520, p. 666, §6.)
The fact that joint custody has been awarded to both parents shall not preclude a court from finding that one parent has committed the crime of interference with custody as provided in Section 13A-6-45, or has violated the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Chapter 3B of this title.
(Acts 1996, No. 96-520, p. 666, §7; Act 99-438, p. 777, §2.)
This article shall not be construed as grounds for modification of an existing order. This article shall not be construed as affecting the standard applicable to a subsequent modification.
(Acts 1996, No. 96-520, p. 666, §8.)
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 that children need both parents, even after a divorce, established in Section 30-3-150.
(Act 2003-364, p. 1017, §1.)
As used in this article, the following words and phrases shall have the following meanings, unless the context requires a different definition:
(1) CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined by a prior court order, whether or not accompanied by a change of the residence of a person entitled to custody of the child, with the intent that such change shall be permanent in nature and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this article, the term may include the singular and the plural.
(3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) COMMENCEMENT. The filing of the first pleading in a proceeding.
(5) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(6) MODIFICATION. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(7) PERSON ACTING AS A PARENT. A person, other than a parent, who has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(8) PERSON ENTITLED TO CUSTODY OR VISITATION. A person so entitled to physical custody of a child as defined by Sections 30-3-1 through 30-3-4.1, inclusive, or visitation with respect to a child by virtue of a child custody determination as defined by subdivision (3) of Section 30-3B-102.
(9) PHYSICAL CUSTODY. The physical care and supervision of a child.
(10) PRINCIPAL RESIDENCE OF A CHILD. Any of the following:
a. The residence designated by a court to be the primary residence of the child.
b. In the absence of a determination by a court, the residence at which the parents of a child whose change of principal residence is at issue have expressly agreed that the child will primarily reside.
c. In the absence of a determination by a court or an express agreement between the parents of a child whose change of principal residence is at issue, the residence, if any, at which the child lived with the child’s parents, a parent, or a person acting as a parent, for at least six consecutive months or, in the case of a child less than six months of age, the residence at which the child lived from birth with the child’s parents, a parent, or a person acting as a parent. Periods of temporary absence from such residence are counted as part of the period of residence.
(11) RELOCATE or RELOCATION. A change in the principal residence of a child for a period of 45 days or more. The term does not include a temporary absence from the primary residence, or an absence necessary to escape domestic violence.
(Act 2003-364, p. 1017, §2.)
(a) Except as provided otherwise by this chapter, the provisions of this article apply to all orders determining custody of or visitation with a child whether such order was issued before or after September 1, 2003. To the extent that a provision of this article conflicts with an existing order determining custody of or visitation with a child or other enforceable agreement, this article does not apply to alter or amend the terms of such order or agreement which addresses the rights of the parties or the child with regard to a change in the primary residence of a child. Any person entitled to the legal or physical custody of or visitation with a child may commence an action for modification to incorporate the provisions of this article into an existing order determining the custody of or visitation with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall not apply to a person who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order from the government.
(b) Sections 30-3-169.1 to 30-3-169.7, inclusive, shall not apply to a change of principal residence of a child to a residence which is 60 miles or less from the residence of a non-relocating parent who is entitled to custody of or visitation with the child or if the change or proposed change results in the child residing nearer to the non-relocating parent than before the change or proposed change, unless such change in the principal residence of a child results in the child living in a different state.
(Act 2003-364, p. 1017, §3.)
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 every other person entitled to custody of or visitation with a child of a proposed change of the child’s principal residence as required by subsection (b) of Section 30-3-165.
(Act 2003-364, p. 1017, §4.)
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 entitled to custody of or visitation with a child of an intended change in his or her principal residence as required by subsection (b) of Section 30-3-165.
(Act 2003-364, p. 1017, §5.)
(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 change of principal residence of a child or the notice of an intended or proposed change of the principal residence of an adult as provided in this article must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child or the 10th day after the date such information required to be furnished by subsection (b) becomes known, if the person did not know and could not reasonably have known the information in sufficient time to comply with the 45-day notice, and it is not reasonably possible to extend the time for change of principal residence of the child.
(b) Except as provided by Section 30-3-167, all of the following information, if available, must be included with the notice of intended change of principal residence of a child:
(1) The intended new residence, including the specific street address, if known.
(2) The mailing address, if not the same as the street address.
(3) The telephone number or numbers at such residence, if known.
(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.
(5) The date of the intended change of principal residence of a child.
(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.
(7) A proposal for a revised schedule of custody of or visitation with a child, if any.
(8) A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be made within 30 days or the relocation will be permitted.
(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.
(Act 2003-364, p. 1017, §6.)
After September 1, 2003, every child custody determination shall include the following language:
“Alabama law requires each party in this action who has either custody of or the right of visitation with a child to notify other parties who have custody of or the right of visitation with the child of any change in his or her address or telephone number, or both, and of any change or proposed change of principal residence and telephone number or numbers of a child. This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of this decree until such child reaches the age of majority or becomes emancipated and for so long as you are entitled to custody of or visitation with a child covered by this order. If there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions of this order, you must provide the following information to each other person who has custody or visitation rights under this decree as follows:
”(1) The intended new residence, including the specific street address, if known.
”(2) The mailing address, if not the same as the street address.
”(3) The telephone number or numbers at such residence, if known.
”(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.
”(5) The date of the intended change of principal residence of a child.
”(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.
”(7) A proposal for a revised schedule of custody of or visitation with a child, if any.
”(8) Unless you are a member of the Armed Forces of the United States of America and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
“You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.
“Your failure to notify other parties entitled to notice of your intent to change the principal residence of a child may be taken into account in a modification of the custody of or visitation with the child.
“If you, as the non-relocating party, do not commence an action seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of notice of the intent to change the principal residence of the child, the change of principal residence is authorized.”
(Act 2003-364, p. 1017, §7.)
(a) In order to protect the identifying information of persons at risk from the effects of domestic violence or abuse, on a finding by the court that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164 in conjunction with a proposed change of principal residence of a child or change of principal residence of a person having custody of or rights of visitation with a child, the court may order any or all of the following:
(1) The specific residence address and telephone number of a child or the person having custody of or rights of visitation with a child and other identifying information shall not be disclosed in the pleadings, other documents filed in the proceeding, or in any order issued by the court, except for in camera disclosures.
(2) The notice requirements provided by this article may be waived to the extent necessary to protect confidentiality and the health, safety, or liberty of a person or a child.
(3) Any other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the interests of the child.
(b) If appropriate, the court may conduct an ex parte hearing under subsection (a). Issuance of a final order of protection under Sections 30-5-1 to 30-5-11, inclusive; a conviction for domestic violence pursuant to Sections 13A-6-130 to 13A-6-135, inclusive; or an award of custody of the child pursuant to Sections 30-3-131 to 30-3-135, inclusive, shall be considered prima facie evidence that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of identifying information or by compliance with the notice requirements of this article.
(Act 2003-364, p. 1017, §8.)
(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 to provide the notice or the information required by subsection (b) of Section 30-3-165, the court shall consider the failure to provide such notice or information as a factor in making its determination regarding the change of principal residence of a child; a factor in determining whether custody or visitation should be modified; a factor for ordering the return of the child to the former residence of the child if the change of principal residence of a child has taken place without notice; a factor meriting a deviation from the child support guidelines; a factor in awarding increased transportation and communication expenses with the child; and a factor in considering whether the person seeking to change the principal residence of a child may be ordered to pay reasonable costs and attorney’s fees incurred by the person objecting to the change.
(b) Additionally, the court may make a finding of contempt of court if a party willfully and intentionally violates the notice requirement of an order issued by any court pursuant to Section 30-3-166 and may impose the sanctions authorized by law or rule of court for disobedience of a court order.
(Act 2003-364, p. 1017, §9.)
The person entitled to determine the principal residence of a child may change the principal residence of a child after providing notice as provided herein unless a person entitled to notice files a proceeding seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of such notice.
(Act 2003-364, p. 1017, §10.)
(a) A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.
(b) A non-parent entitled to visitation with a child may commence a proceeding to obtain a revised schedule of visitation, but may not object to the proposed change of principal residence of a child or seek a temporary or permanent order to prevent the change.
(c) A proceeding filed under this section must be filed within 30 days of receipt of notice of a proposed change of principal residence of a child, except that the court may extend or waive the time for commencing such action upon a showing of good cause, excusable neglect, or that the notice required by subsection (b) of Section 30-3-165 is defective or insufficient upon which to base an action under this article.
(d) Except as otherwise specifically provided in this article, the Alabama Rules of Civil Procedure shall apply to all proceedings under this article.
(Act 2003-364, p. 1017, §11.)
(a) Where the ends of justice dictate, the court may grant a temporary order restraining the change of principal residence of a child or ordering return of a child to the former residence of the child if a change of principal residence has previously taken place without compliance with this article, and may consider, among other factors, any of the following:
(1) The notice required by this article was not provided in a timely manner.
(2) The notice required by this article was not accurate or did not contain sufficient information upon which a person receiving the notice could base an objection.
(3) The child already has been relocated without notice, agreement of the parties, or prior court approval.
(4) The likelihood that on final hearing the court will not approve the change of the principal residence of the child.
(b) The court may grant a temporary order permitting the change of principal residence of a child and providing for a revised schedule for temporary visitation with a child pending a final hearing if the court finds that the required notice of a proposed change of principal residence of a child as provided in this article was provided in a timely manner, contained sufficient and accurate information, and if the court finds from an examination of the evidence presented at a hearing for temporary relief that there is a likelihood that on final hearing the court will approve the change of the principal residence of the child.
(c) If the court has issued a temporary order authorizing a party to change the principal residence of a child before final judgment is issued, the court may not give weight to the temporary change of principal residence as a factor in reaching its final decision.
(Act 2003-364, p. 1017, §12.)
(a) Upon the entry of a temporary order or upon final judgment permitting the change of principal residence of a child, a court may consider a proposed change of principal residence of a child as a factor to support a change of custody of the child. In determining whether a proposed or actual change of principal residence of a minor child should cause a change in custody of that child, a court shall take into account all factors affecting the child, including, but not limited to, the following:
(1) The nature, quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate with the child and with the non-relocating person, siblings, and other significant persons or institutions in the child’s life.
(2) The age, developmental stage, needs of the child, and the likely impact the change of principal residence of a child will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
(3) The increase in travel time for the child created by the change in principal residence of the child or a person entitled to custody of or visitation with the child.
(4) The availability and cost of alternate means of communication between the child and the non-relocating party.
(5) The feasibility of preserving the relationship between the non-relocating person and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties.
(6) The preference of the child, taking into consideration the age and maturity of the child.
(7) The degree to which a change or proposed change of the principal residence of the child will result in uprooting the child as compared to the degree to which a modification of the custody of the child will result in uprooting the child.
(8) The extent to which custody and visitation rights have been allowed and exercised.
(9) Whether there is an established pattern of conduct of the person seeking to change the principal residence of a child, either to promote or thwart the relationship of the child and the non-relocating person.
(10) Whether the person seeking to change the principal residence of a child, once out of the jurisdiction, is likely to comply with any new visitation arrangement and the disposition of that person to foster a joint parenting arrangement with the non-relocating party.
(11) Whether the relocation of the child will enhance the general quality of life for both the custodial party seeking the change of principal residence of the child and the child, including, but not limited to, financial or emotional benefit or educational opportunities.
(12) Whether or not a support system is available in the area of the proposed new residence of the child, especially in the event of an emergency or disability to the person having custody of the child.
(13) Whether or not the proposed new residence of a child is to a foreign country whose public policy does not normally enforce the visitation rights of non-custodial parents, which does not have an adequately functioning legal system, or which otherwise presents a substantial risk of specific and serious harm to the child.
(14) The stability of the family unit of the persons entitled to custody of and visitation with a child.
(15) The reasons of each person for seeking or opposing a change of principal residence of a child.
(16) Evidence relating to a history of domestic violence or child abuse.
(17) Any other factor that in the opinion of the court is material to the general issue or otherwise provided by law.
(b) The court making a determination of such issue shall enter an order granting the objection to the change or proposed change of principal residence of a child, denying the objection to the change or proposed change of principal residence of a child, or any other appropriate relief based upon the facts of the case.
(c) The court, in approving a change of principal residence of a child, shall order contact between the child and the non-relocating party and telephone access sufficient to assure that the child has frequent, continuing, and meaningful contact with the non-relocating party and shall equitably apportion transportation costs of the child for visitation based upon the facts of the case.
(d) The court, in approving a change of principal residence of a child, may consider the costs of transporting the child for visitation and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation.
(e) The court, in approving a change of principal residence of a child, may retain jurisdiction of the parties and of the child in order to supervise the transition caused by the change of principal residence of the child; to insure compliance with the orders of the court regarding continued access to the child by the non-relocating party; to insure the cooperation of the relocating party in fostering the parent-child relationship between the child and the non-relocating party; and to protect the relocating party and the child from risk of harm in those cases described in Section 30-3-167.
(Act 2003-364, p. 1017, §13.)
In proceedings under this article unless there has been a determination that the party objecting to the change of the principal residence of the child has been found to have committed domestic violence or child abuse, there shall be a rebuttable presumption that a change of principal residence of a child is not in the best interest of the child. The party seeking a change of principal residence of a child shall have the initial burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to the non-relocating party.
(Act 2003-364, p. 1017, §14.)
If on final hearing the change of principal residence of a child is permitted, the court may require the person seeking to change the principal residence of a child to provide reasonable security guaranteeing that the custody of and visitation with the child will not be interrupted or obstructed by the relocating party.
(Act 2003-364, p. 1017, §15.)
(a) Where a party commences an action without good cause or for the purpose of harassing or causing unnecessary financial or emotional hardships to the other party, after notice and a reasonable opportunity to respond, the court may impose sanctions on a person proposing a change of principal residence of the child or objecting to a proposed change of principal residence of a child if it determines that the proposal was made or the objection was filed based upon any of the following:
(1) To harass a person or to cause unnecessary delay or needless increase in the cost of litigation.
(2) Without being warranted by existing law or based on frivolous argument.
(3) Based on allegations and other factual contentions, which had no evidentiary support nor, if specifically so identified, could not have been reasonably believed to be likely to have evidentiary support after further investigation.
(4) Designed to elicit or discover or lead to the discovery of information protected by Section 30-3-167.
(b) Sanctions imposed under this section shall be limited to those that are sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. The sanction may include directives of a non-monetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the other party of some or all of the reasonable costs, attorney’s fees, and expenses incurred as a direct result of the violation.
(Act 2003-364, p. 1017, §16.)
If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or other petition to determine custody of or visitation with a child, the court shall consider, among other evidence, the factors set forth in Sections 30-3-169.2 and 30-3-169.3 in making its initial determination.
(Act 2003-364, p. 1017, §17.)
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, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
(Act 2003-364, p. 1017, §18.)
(a) In those instances where the change of principal residence of a child results in the relocation of a child to a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply to actions commenced under this article.
(b) Where the parties have been awarded joint custody, joint legal custody, or joint physical custody of a child as defined in Section 30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, the child shall have a significant connection with this state and a court in fashioning its judgments, orders, or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive, even though the child’s principal residence after the relocation is outside this state.
(c) In a proceeding commenced to modify, interpret, or enforce a final decree under this article, where jurisdiction exists under this section or otherwise as provided by law and where only one person having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, notwithstanding any law to the contrary, venue of all proceedings under this article is changed so that venue will lie either in the original circuit court rendering the final decree or in the circuit court of the county where that person having joint custody, joint legal custody, or joint physical custody has resided for a period of at least three consecutive years immediately preceding the commencement of an action under this article. The person having joint custody, joint legal custody, or joint physical custody who continues to maintain a principal residence in this state shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
(Act 2003-364, p. 1017, §19.)
An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters a temporary order under Section 30-3-169.2, the court may not stay an order enjoining a change in principal residence of a child pending appeal.
(Act 2003-364, p. 1017, §20.)
When used in this article, the following words shall have the following meanings:
(1) COURT. A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders.
(2) DELINQUENT or DELINQUENCY. A support debt or support obligation due and unpaid in an amount equal to or greater than six months support payments as of the date of service of a notice of intent to suspend or revoke a license.
(3) DEPARTMENT. The Alabama Department of Human Resources, including the county departments of human resources.
(4) LICENSE. Any license, certificate, registration, or authorization issued by a licensing authority which grants a person a right or privilege to engage in an occupational, professional, sporting, or recreational activity, or to operate a motor vehicle.
(5) LICENSEE. The holder of a license.
(6) LICENSING AUTHORITY. Any department, division, board, agency, or instrumentality of the State of Alabama or its political subdivisions that issues a license.
(7) OBLIGEE. Either of the following:
a. A person to whom support benefits are ordered by the court.
b. A public agency of this or another state that has the right to receive support payments or otherwise is providing support enforcement services under Title IV-D of the Social Security Act. The term shall include the department.
(8) OBLIGOR. A person ordered by a court to make periodic payments for the benefit and support of another person or child.
(9) SUPPORT or SUPPORT ORDER. Support of a minor child and spousal support when the spousal support is collected pursuant to the requirements of Title IV-D of the Social Security Act. Support order shall mean any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse, or former spouse, issued by a court or other entity authorized to issue the orders.
(Acts 1996, No. 96-563, p. 841, §1; Acts 1997, No. 97-447, p. 772, §12; Act 99-440, p. 887, §1.)
Upon application to the department for support services by an obligee alleging the existence of a delinquency or failure to comply with subpoenas or warrants relating to paternity or child support proceedings, the department may, upon an administrative determination that there is a delinquency or a failure to comply, issue a notice of intent to withhold, restrict use of, or suspend a license. The notice shall be served upon the obligor personally or by certified mail or as otherwise provided in the Alabama Rules of Civil Procedure. The notice shall state that licenses granted by licensing authorities of the State of Alabama and held by the obligor may be suspended 60 days after service unless, within that time, the obligor does one of the following as appropriate based on reason for suspension:
(1) Pays the entire support debt stated in the notice.
(2) Enters into a payment plan approved by the department or its agent.
(3) Complies with subpoenas or warrants relating to paternity or child support proceedings.
(4) Requests an administrative hearing within 15 days of receipt of the notice in order to appear and show cause why withholding, restricted use, or suspension of the license is not appropriate.
(Acts 1996, No. 96-563, p. 841, §2; Acts 1997, No. 97-447, p. 772, §12.)
(a) Upon receipt of a request for a hearing, the department shall schedule a hearing for the purpose of determining if withholding, restricted use, or suspension of the obligor’s license is appropriate. The department shall stay withholding, restricted use, or suspension of the license pending the outcome of the hearing. The hearing shall be for the purpose of contesting the determination of the department of all of the following: (1) That the obligor is at least six months delinquent in child support payments. (2) That the obligor has not entered into a payment plan approved by the department. (3) If appropriate, that the obligor has failed to comply with a warrant or subpoena relating to a paternity or child support case. (4) That the withholding, restricted use, or suspension of the license is appropriate. No evidence with respect to the appropriateness of the support order or the ability of the obligor to comply with the support order shall be received or considered at the hearing.
(b) If the obligor fails to respond to the notice of intent to withhold, restrict the use of, or suspend a license, fails to timely request a hearing, or fails to appear at a scheduled hearing, the obligor’s defenses, objections, or request for a payment plan shall be considered to be without merit and the department or its agent shall enter a final decision accordingly.
(c) If the department or its agent determines that the obligor is delinquent in making support payments and that the obligor has not entered into a payment plan, or that the obligor has failed to comply with subpoenas or warrants relating to paternity or child support proceedings, the department or its agent shall notify the obligor of the department’s decision and the obligor’s right to seek judicial review of the decision pursuant to the Alabama Administrative Procedure Act by filing a notice of appeal and a cost bond with the department within 30 days of receipt of the agency’s decision. A petition for review shall be filed in the Circuit Court of Montgomery County or the circuit court of the county where a party resides. The filing of a notice of appeal will result in an automatic stay of withholding, restricted use, or suspension of the obligor’s license pending the outcome of the appeal.
(d) If the requirements for seeking judicial review are not met within 30 days, the department shall send a notice to the licensing authority instructing it to suspend the obligor’s license. A determination of the department is independent of any proceeding of the licensing authority to withhold, restrict use of, suspend, revoke, deny, terminate, renew, or issue a license.
(Acts 1996, No. 96-563, p. 841, §3; Acts 1997, No. 97-447, p. 772, §12.)
If the obligor has received two suspensions of a license pursuant to this article within the previous 12 months, upon a third finding of delinquency pursuant to this article, the department shall send to the obligor a notice of intent to revoke a license. In that case, the notice sent by the department to the licensing authority shall instruct the licensing authority to revoke the license. The notice and hearing provisions of Sections 30-3-171 and 30-3-172 shall apply to the revocation of a license.
(Acts 1996, No. 96-563, p. 841, §4.)
(a) Upon receipt of a notice from the department or its agent to withhold, restrict use of, suspend, or revoke a license, a licensing authority shall implement the withholding, restricted use, suspension, or revocation of the license by doing all of the following:
(1) Determining that it has issued a license to the obligor whose name appears on the notice.
(2) Entering the suspension or revocation on the appropriate records.
(3) If required by law, demanding surrender of the suspended or revoked license.
(b) A notice issued by the department or its agent to withhold, restrict use of, suspend, or revoke a license shall be processed by the licensing authority without any additional review or hearing by the licensing authority. The licensing authority shall have no jurisdiction to modify, reword, reverse, vacate, or stay the decision of the department or its agent.
(c) Any decision issued by the department or its agent to withhold, restrict use of, suspend, or revoke a license continues until the department or its agent advises the licensing authority that the decision to withhold, restrict use of, suspend, or revoke has been stayed or is no longer in effect. While the department’s decision is in effect, the licensing authority may not issue, reissue, or renew the obligor’s license.
(d) The licensing authority is exempt from any liability to the licensee for activities conducted in compliance with this article.
(Acts 1996, No. 96-563, p. 841, §5; Acts 1997, No. 97-447, p. 772, §12.)
(a) When, following the withholding, restricted use, or suspension of a license, the department or its agent determines that the support debt or support obligation has been paid in full or a satisfactory payment plan has been negotiated, or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings, the department or its agent, at the request of the obligor, shall send notice requesting reinstatement of the license to the licensing authority and the obligor. Notice to the licensing authority to reinstate the license shall not limit the ability of the department or its agent to issue a new decision and notice in the event of another delinquency.
(b) When a license has been revoked pursuant to Section 30-3-173, the obligor may obtain a new license only if the department, upon request of the obligor, makes a determination and notifies the licensing authority that the obligation has been paid in full or a satisfactory payment plan is in place and the obligor is complying with the plan or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings. Upon receipt of the notification, the licensing authority may issue a new license pursuant to the statutes or regulations governing the reissuance of a license by the licensing authority.
(Acts 1996, No. 96-563, p. 841, §6; Acts 1997, No. 97-447, p. 772, §12.)
Notwithstanding any other provisions of law, the licensing authority may charge the obligor a fee to cover administrative costs incurred by the licensing authority in carrying out this article, which fee is to be used exclusively by the licensing authority for the purpose of administering this article. In the event that a license is withheld, suspended, or revoked, or its use restricted, any monies paid by the obligor to the licensing authority for costs related to its issuance, reissuance, renewal, or maintenance shall not be refunded to the obligor.
(Acts 1996, No. 96-563, p. 841, §7; Acts 1997, No. 97-447, p. 772, §12.)
In addition to the foregoing provisions of this article, if the obligor is brought before a circuit, district, or juvenile court having jurisdiction on a contempt petition, and it is shown by the department or its agent or by an obligee or counsel for an obligee who is not a recipient of services of the department, that the obligor has failed to follow previous orders of the court, then the court may, in addition to any other remedies, order the withholding, restricted use, suspension, revocation, forfeiture, or termination of the obligor’s license or licenses as defined by this article. When a suspension, revocation, forfeiture, termination, withholding, or restricted use of any license occurs pursuant to this section, the foregoing provisions of this article pertaining to the duties and authority of the licensing agency shall apply.
(Acts 1996, No. 96-563, p. 841, §8; Acts 1997, No. 97-447, p. 772, §12.)
This article shall apply to support ordered by a court of this or any other state, territory, or district of the United States including support ordered by any administrative agency having the authority to issue a support order.
(Acts 1996, No. 96-563, p. 841, §9.)
It is the intent of the Legislature that this article provide for the withholding, restricted use, suspension, or revocation of professional, occupational, recreational, or drivers’ licenses for the failure to pay child support or to comply with subpoenas or warrants relating to paternity or child support proceedings.
(Acts 1996, No. 96-563, p. 841, §10; Acts 1997, No. 97-447, p. 772, §12.)
This article shall be known and cited as the “Alabama Child Support Reform Act of 1997.”
(Acts 1997, No. 97-447, p. 772, §1.)
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 negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.
(2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual to drive a motor vehicle as part of conducting business.
(4) CONFIDENTIAL INFORMATION. Information provided by a service applicant or recipient or obtained from other sources about him or her which may be released only as required by court order or state or federal law.
(5) COURT. A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders.
(6) DATA MATCH. An automated process of matching specified information from the financial records of financial institutions with records of the state Title IV-D agency.
(7) DELINQUENT or DELINQUENCY. A support debt or support obligation due and unpaid in an amount equal to or greater than six months support payments as of the date of service of a notice of intent to withhold, restrict use of, suspend, or revoke a license.
(8) DEPARTMENT. The Alabama Department of Human Resources, including the county departments of human resources.
(9) FAILURE TO COMPLY. Failure, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.
(10) FINANCIAL INSTITUTION. A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. §1813(c); an institution-affiliated party, as defined in Section 3(u) of 12 U.S.C. §1813(u); and any federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act, 12 U.S.C. §1752, including an institution-affiliated party of a credit union, as defined in Section 206(r) of the Federal Credit Union Act, 12 U.S.C. §1786(r); and any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the state.
(11) FINANCIAL RECORD. As defined in Section 1101 of the Right to Financial Privacy Act of 1978, 12 U.S.C. §3401.
(12) NONCUSTODIAL PARENT. A parent who does not have the child in his or her care and is responsible for paying support. The term includes an obligor.
(13) NOTICE OF LIEN OR LEVY. An official notice from the state Title IV-D agency of a judicial or administrative lien or levy against a noncustodial parent and requesting that funds of a noncustodial parent be surrendered or transferred to the state Title IV-D agency.
(14) OBLIGEE. Either of the following:
a. A person to whom support benefits are ordered by the court.
b. A public agency of this or another state that has the right to receive support payments or otherwise is providing support enforcement services under Title IV-D of the Social Security Act. The term includes the department.
(15) OBLIGOR. A person ordered by a court to make periodic payments for the benefit and support of another person or the parent or alleged parent named in a paternity action.
(16) PROTECTIVE ORDER. Any order issued by a court of this state, a court of another state, or an administrative agency of another state for the purpose of preventing acts of abuse against one party by the other party. The term refers to both ex parte and final orders issued by the court or administrative agency whether obtained by filing an independent action or as a pendente lite order in another proceeding against another party or children of the parties.
(17) RECORDS. Any official document, file, or information system that verifies and records the existence of a divorce decree, support order, paternity order, birth, marriage, or death.
(18) STATE TITLE IV-D AGENCY. The state agency designated to administer the statewide child support program authorized under Title IV-D of the Social Security Act.
(19) SUPPORT or SUPPORT ORDER. Support of a minor child and spousal support when the spousal support is collected pursuant to the requirements of Title IV-D of the Social Security Act. Support order shall mean any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse or former spouse, issued by a court or other entity authorized to issue orders.
(20) UNAUTHORIZED USE OR DISCLOSURE. The release or sharing of information by an employee of the state Title IV-D agency without actual, implied, or apparent authority.
(Acts 1997, No. 97-447, p. 772, §2.)
(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 system, using automated data exchanges to the maximum extent feasible, to provide on a calendar quarter basis the following information to the extent available for each noncustodial parent who maintains an account with the contracting financial institution and who owes past due support as identified by the state Title IV-D agency by name and Social Security number or other taxpayer identifying information: (i) name, (ii) record address, (iii) Social Security number or other tax identification number, and (iv) other identifying information that may be a part of the institution’s records.
(b) Upon service of a notice of lien or levy from the state Title IV-D agency on a financial institution, the financial institution shall encumber or surrender to the state Title IV-D agency any amounts, up to the amount of the lien or levy, in any accounts with the financial institution in the name of, or available to be withdrawn by, any noncustodial parent who is subject to a child support lien or levy.
(c) The state Title IV-D agency may pay a reasonable fee to a financial institution for conducting a data match, not to exceed the actual costs incurred by the financial institution.
(d) A financial institution shall not be held liable under any federal or state law to any person for disclosure of information to the state Title IV-D agency under this section, or for encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy issued by the state Title IV-D agency, or for any other action taken in good faith to comply with the requirements of Act 97-447.
(e) The state Title IV-D agency may disclose financial records only for the purpose of and to the extent necessary in establishing, modifying, or enforcing a child or spousal support obligation of an individual. No liability shall arise to the state Title IV-D agency or any of its employees from any disclosure which results from a good faith but erroneous attempt to comply with this section.
(f) The state Title IV-D agency may impose penalties as established by rules and regulations applicable to penalties promulgated by the state Title IV-D agency for failure of financial institutions to comply with the terms of this section.
(Acts 1997, No. 97-447, p. 772, §3.)
(a) Subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to a judicial tribunal, upon request from the state Title IV-D agency, public and private entities and individuals as specified in this section shall provide information when the state Title IV-D agency has reason to believe that the information provides location information or otherwise assists in the administration of the state’s child support enforcement program. The information shall be available only for the purposes prescribed herein.
(b) The state Title IV-D agency shall be provided access to information contained in the following records, including automated access from the governmental entities maintaining the records:
(1) State and local governmental agency records for vital statistics including records of marriage, birth, paternity, death, and divorce.
(2) State and local tax and revenue agency records including information on residence address, employer, income, and assets.
(3) State and local governmental agency records concerning real and titled personal property including motor vehicles.
(4) State and local governmental agency records of employment.
(5) State and local governmental agency records of public assistance, food stamps, Medicaid, and Department of Corrections.
(6) State and local governmental agency records relating to law enforcement including, but not limited to, National Crime Information Center records.
(c) The state Title IV-D agency shall be provided access to state and local governmental or nongovernmental agency records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities.
(d) The state Title IV-D agency shall be provided information pursuant to an administrative subpoena issued by the Title IV-D agency to a public or private company or agency such as a utility or cable television company; provided that such information sought in the subpoena shall be limited to the address of individuals identified by the agency and the name and address of the employer of such individuals.
(e) No entity or individual shall be held liable in any civil or criminal action for disclosing any information to the state Title IV-D agency under this section or for any other action taken in good faith to comply with this section.
(f) The recipient of an administrative subpoena shall be permitted up to 30 calendar days to respond to such subpoena.
(g) The state Title IV-D agency may pay a reasonable fee to a private entity or individual for conducting a data match, records search or other efforts to comply with an administrative subpoena. Such fee shall not exceed the actual costs incurred by the private entity or individual.
(Acts 1997, No. 97-447, p. 772, §4; Act 99-440, p. 887, §1.)
(a) Any agency charged with the administration of any law concerning the issuance or renewal of a license, certificate, or permit to engage in a profession, occupation, or recreational, sporting, or commercial activity shall require all applicants for issuance of the license, certificate, or permit, to provide the applicant’s Social Security number to the agency, which agency shall record the Social Security number on the application and related records maintained by the agency.
(b) The Alabama State Law Enforcement Agency may require all applicants for issuance or renewal of a driver’s license, learner’s permit, or other authorization to drive a private or commercial motor vehicle to provide the applicant’s Social Security number to the department. The department shall record the Social Security number on the application and related records maintained by the department.
(c) All divorce decrees, support orders, and paternity determinations issued, and all paternity acknowledgments made, shall include in the records the Social Security number of each party subject to the decree, order, determination, or acknowledgement. The Social Security number of each party subject to a divorce shall be included in the divorce certificate filed in the Office of Vital Statistics.
(d) The Social Security number of both parties to the marriage shall be collected by those parties issuing a marriage license and shall appear on the license and certificate sent to the Office of Vital Statistics.
(e) The Office of Vital Statistics shall collect the Social Security number of the deceased individual and place the number on the death certificate.
(f) Any agency charged with the duty to record an individual’s Social Security number shall provide the individual’s Social Security number to the state Title IV-D agency at the agency’s request for the purpose of administering the child support program.
(Acts 1997, No. 97-447, p. 772, §5; Act 99-440, p. 887, §1; Act 2012-362, p. 903, §1.)
(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 and disbursement of payments made under support orders as follows:
(1) In all cases being enforced by the state pursuant to Title IV-D of the Social Security Act.
(2) In all cases not being enforced by the state Title IV-D agency in which the support order is initially issued in the state on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding under state law.
(b) The State Disbursement Unit shall be operated directly by the state Title IV-D agency or by a contractor responsible directly to the state Title IV-D agency.
(c) The responsibilities of the State Disbursement Unit shall include the following:
(1) Receipt of payments from parents, employers, and other states’ agencies, and for disbursements to custodial parents and other obligees, the state agency, and the agencies of other states.
(2) Accurate identification of payments received.
(3) Prompt disbursement of the custodial parent’s share of any payment.
(4) Furnishing to any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent, except that in cases described in subsection (a), the State Disbursement Unit shall not be required to convert and maintain in automated form records of payments kept for cases not subject to Title IV-D of the Social Security Act before July 1, 1997.
(5) Provide one location for employers to which income withholding payments are sent.
(d) The State Disbursement Unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal with respect to such arrearages.
(e) A certified copy of the computer generated report or record from the State Disbursement Unit shall be admissible as evidence pursuant to Rule 902 of the Alabama Rules of Evidence.
(Acts 1997, No. 97-447, p. 772, §6.)
(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 shall contain records with respect to:
(1) Each case in which services are being provided by the state Title IV-D agency.
(2) Each support order established or modified in the state on or after October 1, 1998.
(b) The records in the State Case Registry shall use standardized data elements for both parents, such as names, Social Security numbers and other uniform identification numbers, dates of birth, case identification numbers, and contain other information as federal regulations may require.
(c) Each case record in the State Case Registry with respect to which services are being provided by the state Title IV-D agency and with respect to which a support order has been established shall include a record of the following:
(1) The amount of monthly or other periodic support owed under the order, and other amounts including arrearages, interest, and fees due or overdue under the order.
(2) Any amount described in subdivision (1) that has been collected.
(3) The distribution of the collected amounts.
(4) The birth date of any child for whom the order requires the provision of support.
(5) The amount of any lien imposed with respect to the order.
(d) The state agency maintaining the State Case Registry shall promptly establish and update, maintain, and regularly monitor, case records in the State Case Registry with respect to which services are being provided under the state Title IV-D child support program.
(e) Information from the State Case Registry shall be used to carry out the responsibilities of the Title IV-D child support program. Such usage shall include:
(1) Furnishing to the Federal Case Registry of Child Support Orders information on child support cases recorded in the State Case Registry that is necessary to operate the federal registry as specified by federal regulations.
(2) Exchanging information with the Federal Parent Locator Service for the purposes of location of individuals and the enforcement of orders.
(3) Exchanging such information with agencies of this state and of other states administering federally funded programs, including Temporary Assistance to Needy Families and Medicaid, as necessary to carry out the responsibilities of the child support program and those of the other involved programs.
(4) Exchanging such information with other agencies of the state, agencies of other states, and interstate information networks, as necessary and appropriate to carry out or assist other states to carry out the purposes of the child support program.
(Acts 1997, No. 97-447, p. 772, §7.)
(a) Provided that no actions are pending before any circuit and district court of this state, the state Title IV-D agency may take the following actions related to establishment of paternity or to the establishment, modification, or enforcement of support orders, without the necessity of obtaining an order from any other judicial or administrative tribunal, or in furtherance of any existing order, and to recognize and enforce the authority of the state Title IV-D agencies of other states of the following actions:
(1) To order genetic testing for the purpose of paternity establishment.
(2) To subpoena any financial or other information needed to establish, modify, or enforce a support order, and to impose penalties for failure to respond to a subpoena.
(3) To require all entities in the state, including for profit, nonprofit, and governmental employers, to provide promptly, in response to a request by the state Title IV-D agency of this or any other state administering the Title IV-D child support program, information on the employment, compensation, and benefits of any individual employed by the entity as an employee or contractor, and to sanction failure to respond to any such request.
(4) Upon providing notice to the obligor, obligee, and the appropriate court, to direct the obligor or other payor to change the payee to the appropriate governmental agency in cases in which support is subject to an assignment in order to comply with eligibility requirements for state assistance, or to a requirement to pay through the state Title IV-D agency.
(5) To order that income withholding be implemented.
(6) In cases in which there is a support arrearage, to secure assets to satisfy the arrearage by intercepting or seizing periodic or lump-sum payments from a state or local agency, including unemployment compensation, worker’s compensation, and other benefits; by attaching judgments, settlements, and lottery winnings and other lump-sum payments; attaching and seizing assets of the obligor held in financial institutions; attaching public and private retirement funds; and imposing liens in accordance with Section 30-3-198 and, in appropriate cases, to force sale of property and distribution of proceeds.
(7) For the purpose of securing overdue support, unless otherwise ordered by a court in individual cases, to increase the amount of monthly support payments to include amounts for arrearages.
(b) The expedited procedures required under this section shall be subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to a judicial tribunal and shall include the following rules and authority, applicable with respect to all proceedings to establish paternity or to establish, modify, or enforce support orders:
(1) Each party to any paternity or child support proceeding shall, subject to privacy safeguards, file with the state Title IV-D agency upon entry of an order, and update as appropriate, information on location and identity of the party, including Social Security number, residential and mailing addresses, telephone number, driver’s license number, name, address, and telephone number of employer.
(2) In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of a party, state due process requirements for notice and service of process shall be deemed to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the state Title IV-D agency pursuant to subdivision (1).
(Acts 1997, No. 97-447, p. 772, §8; Act 2009-729, p. 2180, §1.)
(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 or personal property of any noncustodial parent who resides or owns property in this state and owes past due child support payments under 42 U.S.C.A. Section 666(a) (4) as follows: (i) liens against any real property shall be filed in the office of the judge of probate where the real property is located; (ii) liens against personal property, other than personal property subject to a certificate of title, shall be filed in the office of the Secretary of State in the records where Uniform Commercial Code financing statements are filed; and (iii) liens against personal property which is subject to a certificate of title shall be filed in the office of the Alabama Department of Revenue on such forms as may be prescribed by the Department of Revenue and upon delivery to the Department of Revenue of the outstanding certificate of title on the personal property and payment of the fees required under the provisions of the Uniform Certificate of Title and Anti-Theft Act, Section 32-8-1, et seq.
(b) Upon the filing of a notice, a lien shall arise by operation of law and shall serve as notice of the contents from the time of the filing of the notice. The lien shall be subject and subordinate to the following:
(1) Mortgages, security interests, and other liens perfected, filed, or recorded prior to the time the state Title IV-D agency lien is recorded.
(2) Right of set-off.
(3) Purchase money security interests and other purchase money liens.
(4) Mechanic and materialmen liens.
(c) The state shall accord full faith and credit to liens arising from any judicial or administrative action in another state. When the state Title IV-D employee, agent, or representative seeks to enforce a lien or a judicial order, notice shall not be required. The state Title IV-D agency shall not be required to obtain a judgment for an amount certain prior to filing for the enforcement of a lien.
(Acts 1997, No. 97-447, p. 772, §9, Acts 1997, No. 97-890, §1.)
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 the privacy rights of the parties, including, but not limited to, the following:
(1) Safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity or to establish or enforce support.
(2) Prohibitions against the release of information on the whereabouts of one party to another party against whom a protective order with respect to the former party or children of the parties has been entered.
(3) Prohibitions against the release of information on the whereabouts of one party to another party in any case if the state has reason to believe that the release of the information may result in physical or emotional harm to the former party or children of the parties.
(Acts 1997, No. 97-447, p. 772, §10.)
No public or private entity or agency or individual shall be held liable in any civil or criminal action for disclosing any information to the state Title IV-D agency under the provisions of Act 97-447 or for any other action taken in good faith to comply with the provisions of Act 97-447.
(Acts 1997, No. 97-447, p. 772, §13.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Act 2015-284 effective June 2, 2015.
(Acts 1997, No. 97-245, p. 398, §1.)
This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
(Act 99-438, p. 866, §1.)
In this chapter, the following terms shall have the following meanings:
(1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age.
(3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) CHILD CUSTODY PROCEEDING. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, adoption, or enforcement under Article 3.
(5) COMMENCEMENT. The filing of the first pleading in a proceeding.
(6) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) HOME STATE. The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child or any of the mentioned persons is part of the period.
(8) INITIAL DETERMINATION. The first child custody determination concerning a particular child.
(9) ISSUING COURT. The court that makes a child custody determination for which enforcement is sought under this chapter.
(10) ISSUING STATE. The state in which a child custody determination is made.
(11) MODIFICATION. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) PERSON ACTING AS A PARENT. A person, other than a parent, who:
a. Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
b. Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14) PHYSICAL CUSTODY. The physical care and supervision of a child.
(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) WARRANT. An order issued by a court authorizing law enforcement officers to take physical custody of a child.
(Act 99-438, p. 866, §1.)
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
(Act 99-438, p. 866, §1.)
A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(Act 99-438, p. 866, §1.)
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and Article 2.
(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(Act 99-438, p. 866, §1.)
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 30-3B-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
(Act 99-438, p. 866, §1.)
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
(Act 99-438, p. 866, §1.)
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
(Act 99-438, p. 866, §1.)
(a) When making a special appearance a party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
(Act 99-438, p. 866, §1.)
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Act 99-438, p. 866, §1.)
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
(Act 99-438, p. 866, §1.)
(a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 19 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
(Act 99-438, p. 866, §1.)
(a) Except as otherwise provided in Section 30-3B-204, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207 or 30-3B-208, and:
a. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
b. Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;
(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 30-3B-207 or 30-3B-208; or
(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c) Physical presence of a child is not necessary or sufficient to make a child custody determination.
(Act 99-438, p. 866, §1.)
(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203 has continuing, exclusive jurisdiction over the determination until:
(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have continuing, exclusive jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 30-3B-201.
(Act 99-438, p. 866, §1.)
Except as otherwise provided in Section 30-3B-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 30-3B-201(a)(1) or (2) and:
(1) The court of the other state determines it no longer has continuing, exclusive jurisdiction under Section 30-3B-202 or that a court of this state would be a more convenient forum under Section 30-3B-207; or
(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
(Act 99-438, p. 866, §1.)
AMENDED BY ACT 2026-237, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 30-3B-201 through 30-3B-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 30-3B-201 through 30-3B-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
(Act 99-438, p. 866, §1.)
(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 30-3B-108 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
(Act 99-438, p. 866, §1.)
(a) Except as otherwise provided in Section 30-3B-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 30-3B-207.
(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
(Act 99-438, p. 866, §1.)
(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) The length of time the child has resided outside this state;
(3) The distance between the court in this state and the court in the state that would assume jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
(Act 99-438, p. 866, §1.)
(a) Except as otherwise provided in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203 determines that this state is a more appropriate forum under Section 30-3B-207; or
(3) No court of any other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through 30-3B-203.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 30-3B-201 through 30-3B-203.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
(Act 99-438, p. 866, §1.)
(a) Except, as otherwise provided in subsection (e), in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) 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 jeopardized by disclosure of the present address or whereabouts of a party or child, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
(Act 99-438, p. 866, §1.)
(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 30-3B-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
(Act 99-438, p. 866, §1.)
In this article, the following terms shall have the following meanings:
(1) PETITIONER. A person who seeks enforcement of an order for return of a child under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2) RESPONDENT. A person against whom a proceeding has been commenced for enforcement of an order for return of a child under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(Act 99-438, p. 866, §1.)
Under this article a court of this state may enforce an order for the return of the child made under The Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
(Act 99-438, p. 866, §1.)
(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
(Act 99-438, p. 866, §1.)
(a) A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state;
(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule; or
(3) The visitation provision of a child custody determination of another state by implementing makeup or substitute visitation.
(b) If a court of this state makes an order under subsection (a)(2) or subsection (a)(3), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires.
(Act 99-438, p. 866, §1.)
(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:
(1) A letter or other document requesting registration;
(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(3) Except as otherwise provided in Section 30-3B-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall:
(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2) Serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state that:
(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(2) A hearing to contest the validity of the registered determination must be requested within 30 days after service of notice; and
(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within 30 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1) The issuing court did not have jurisdiction under Article 2;
(2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or
(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Act 99-438, p. 866, §1.)
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child custody determination of a court of another state.
(Act 99-438, p. 866, §1.)
If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
(Act 99-438, p. 866, §1.)
(a) A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child custody determination must state:
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) The present physical address of the child and the respondent, if known;
(5) Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought and, if so, the relief sought; and
(6) If the child custody determination has been registered and confirmed under Section 30-3B-305, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under Section 30-3B-312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
(1) The child custody determination has not been registered and confirmed under Section 30-3B-305, and that:
a. The issuing court did not have jurisdiction under Article 2;
b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2;
c. The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under Section 30-3B-304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(Act 99-438, p. 866, §1.)
Except as otherwise provided in Section 30-3B-311, the petition and order must be served, by any method authorized by the Alabama Rules of Civil Procedure, upon respondent and any person who has physical custody of the child.
(Act 99-438, p. 866, §1.)
(a) Unless the court issues a temporary emergency order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child custody determination has not been registered and confirmed under Section 30-3B-305 and that:
a. The issuing court did not have jurisdiction under Article 2;
b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or
c. The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under Section 30-3B-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(b) The court may award the fees, costs, and expenses authorized under Section 30-3B-312 and may grant additional relief, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.
(Act 99-438, p. 866, §1.)
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard within 72 hours after the warrant is executed unless impossible. In that event, the court shall hold the hearing on the next judicial day. The application for the warrant must include the statements required by Section 30-3B-308(b).
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately;
(3) Provide for the placement of the child pending final relief; and
(4) Provide the specific facts found by the court that constitute “the exigent circumstances” required under Section 30-3B-311(e) to warrant authorizing the law enforcement officers to make a forcible entry at any hour.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
(Act 99-438, p. 866, §1.)
(a) The court may award any party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
(Act 99-438, p. 866, §1.)
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2.
(Act 99-438, p. 866, §1.)
An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters a temporary emergency order under Section 30-3B-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
(Act 99-438, p. 866, §1.)
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 99-438, p. 866, §1.)
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Act 99-438, p. 866, §1.)
This chapter takes effect January 1, 2000.
(Act 99-438, p. 866, §1.)
Effective January 1, 2000, the following sections and all amendments thereto and all other sections and parts of sections of this code inconsistent herewith are repealed: The Uniform Child Custody Jurisdiction Act located at Sections 30-3-20 through 30-3-44. No actions may be filed under the repealed provisions after December 31, 1999.
(Act 99-438, p. 866, §1.)
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before January 1, 2000, is governed by the law in effect at the time the motion or other request was made.
(Act 99-438, p. 866, §1.)
This chapter may be cited as the Alabama Uniform Child Abduction Prevention Act.
(Act 2010-212, p. 339, §1.)
In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child.
(2) CHILD. An unemancipated individual who is less than 19 years of age.
(3) CHILD-CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity, termination of parental rights, or protection from domestic violence. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, guardianship proceeding, adoption, or enforcement under Article 3 of Chapter 3B of this title, the Uniform Child Custody Jurisdiction and Enforcement Act.
(5) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
(6) PETITION. Includes a motion or its equivalent.
(7) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9) TRAVEL DOCUMENT. A record relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.
(10) WRONGFUL REMOVAL. The taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(11) WRONGFUL RETENTION. The keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(Act 2010-212, p. 339, §2.)
Sections 30-3B-110, 30-3B-111, and 30-3B-112 of the Uniform Child Custody Jurisdiction and Enforcement Act apply to cooperation and communications among courts in proceedings under this chapter.
(Act 2010-212, p. 339, §3.)
(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter. This chapter creates no new requirement on the Department of Human Resources or any other social services agency or entity to file a petition seeking abduction prevention measures on behalf of a child.
(Act 2010-212, p. 339, §4.)
(a) A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this title.
(b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction to take action under this chapter if a child is present in this state and the court finds there is a credible risk of abduction.
(Act 2010-212, p. 339, §5.)
A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. If a child-custody determination is not available, the petition must state the petitioner’s right to make a petition, as described under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition under this chapter. The petition also must specify the risk factors for abduction, including the relevant factors described in Section 30-3C-7. Subject to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child;
(2) the usual places of abode and current physical location of the child;
(3) the identity, usual places of abode, and current physical location of the petitioner and respondent, and an explanation of the relationship between the petitioner and the child at issue in the petition that states the authority of the petitioner to make a petition under this chapter, in accordance with subsection (b) of Section 30-3C-4;
(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by or against a party or other individual who has custody of the child, and the date, location, and status of the action. If the petitioner is the Department of Human Resources, or any agency or entity that has custody of the child at issue under the petition, that entity need only provide a statement of whether a prior action to prevent abduction or domestic violence has been filed with regard to the child at issue in the petition being made, and need not make a statement of all such filings made in other cases by such entity;
(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case;
(6) any other information required to be submitted to the court for a child-custody determination under Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement Act; and
(7) a statement of any action taken pursuant to Article 7A of Chapter 3 of this title the Alabama Parent-Child Relationship Protection Act.
(Act 2010-212, p. 339, §6.)
(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
(1) has previously abducted or attempted to abduct a child;
(2) has threatened to abduct a child;
(3) has recently engaged in activities that may indicate a planned abduction, including:
(A) abandoning employment;
(B) preparing to move from, abandoning, or selling a primary residence;
(C) terminating a lease;
(D) closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
(E) applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or
(F) seeking to obtain the child’s birth certificate or school or medical records;
(4) has engaged in domestic violence, stalking, or child abuse or neglect;
(5) has refused to follow a child-custody determination;
(6) lacks strong familial, financial, emotional, or cultural ties to the state or the United States;
(7) has strong familial, financial, emotional, or cultural ties to another state or country;
(8) is likely to take the child to a country that:
(A) is not a party to The Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;
(B) is a party to The Hague Convention on the Civil Aspects of International Child Abduction but:
(i) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;
(ii) is noncompliant according to the most recent compliance report issued by the United States Department of State; or
(iii) lacks legal mechanisms for immediately and effectively enforcing a return order under The Hague Convention on the Civil Aspects of International Child Abduction;
(C) poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;
(D) has laws or practices that would:
(i) enable the respondent, without due cause, to prevent the petitioner from contacting the child;
(ii) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status, or religion; or
(iii) restrict the child’s ability legally to leave the country after the child reaches the age of majority because of a child’s gender, nationality, or religion;
(E) is included by the United States Department of State on a current list of state sponsors of terrorism;
(F) does not have an official United States diplomatic presence in the country; or
(G) is engaged in active military action or war, including a civil war, to which the child may be exposed;
(9) is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;
(10) has had an application for United States citizenship denied;
(11) has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver’s license, or other government-issued identification card or has made a misrepresentation to the United States government;
(12) has used multiple names to attempt to mislead or defraud; or
(13) has engaged in any other conduct the court considers relevant to the risk of abduction.
(b) In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
(Act 2010-212, p. 339, §7.)
(a) In response to a petition filed under this chapter, before a hearing on the matter, the court may enter an ex parte order for emergency measures to prevent abduction, including an ex parte warrant to take physical custody of the child, or an order for any other emergency relief as necessary to prevent abduction of a child, including imposing travel restrictions with the child, on the petitioner or the respondent or on both the petitioner and the respondent.
(b) An ex parte order for relief under this chapter shall include:
(1) the basis for the court’s exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding, including a finding by the court of compliance with Rule 65 of the Alabama Rules of Civil Procedure, if applicable;
(3) a detailed description of each party’s custody and visitation rights and residential arrangements for the child at the time the petition under this chapter was filed;
(4) a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and
(5) identification of the child’s county, state, and country of habitual residence at the time of the issuance of the order.
(c) If a petition under this chapter contains allegations and the court finds that there is a credible risk of imminent child abduction, the court may issue an ex parte order, including a warrant to take physical custody of the child. If the court issues an ex parte warrant:
(1) The respondent on a petition under this subsection must be afforded an opportunity to be heard within 72 hours after the ex parte warrant is executed.
(2) An ex parte warrant under this subsection to take physical custody of a child must:
(A) recite the facts upon which a determination of a credible risk of imminent abduction of the child is based;
(B) direct law enforcement officers to take physical custody of the child immediately;
(C) state the date and time for the hearing on the petition; and
(D) provide for the safe interim placement of the child pending further order of the court.
(3) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect, or other criminal offenses relevant to the health and welfare of the child.
(4) The petition, order, and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(5) If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6) A warrant to take physical custody of a child, issued by another state, is enforceable throughout this state, provided however, that nothing contained herein shall alter or delete any rights, substantive or procedural in nature.
(d) This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
(Act 2010-212, p. 339, §8.)
(a) If a petition is filed under this chapter, the court may set a preliminary hearing as necessary, and shall cause to be issued all summonses and notices as required by law and otherwise deemed necessary and appropriate. Should the court determine from the petition, or on evidence presented at a preliminary hearing, that no emergency or temporary orders are appropriate, then the court shall set the petition for a final hearing at such time as the court deems appropriate and as the best interests of the child require.
(b) If, at a hearing on a petition under this chapter, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (c), specifying measures that are reasonably calculated to prevent abduction of the child and giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the risks for the potential abduction, including, but not limited to, evidence of domestic violence, stalking, or child abuse or neglect, or history thereof.
(c) An order for relief under this chapter shall include:
(1) the basis for the court’s exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;
(3) a detailed description of each party’s custody and visitation rights and residential arrangements for the child at the time the petition under this chapter was filed;
(4) a provision stating that a violation of the order may subject the party in violation to being held in contempt with civil and criminal penalties as provided by law; and
(5) identification of the child’s county, state, and country of habitual residence at the time of the issuance of the order.
(d) An abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:
(A) the travel itinerary of the child;
(B) a list of physical addresses and telephone numbers at which the child can be reached at specified times; and
(C) copies of all travel documents;
(2) a prohibition of the respondent directly or indirectly:
(A) removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner’s written consent;
(B) removing or retaining the child in violation of a child-custody determination;
(C) removing the child from school or a child-care or similar facility; or
(D) approaching the child at any location other than a site designated for supervised visitation;
(3) a requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;
(4) with regard to the child’s passport:
(A) a direction that the petitioner place the child’s name in the United States Department of State’s Child Passport Issuance Alert Program;
(B) a requirement that the respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and
(C) a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
(5) as a prerequisite to exercising custody or visitation, a requirement that the respondent provide:
(A) to the United States Department of State’s Office of Children’s Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;
(B) to the court:
(i) proof that the respondent has provided the information in subparagraph (A); and
(ii) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;
(C) to the petitioner, proof of registration of an authenticated copy of the order detailing passport and travel restrictions for the child with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for The Hague Convention on the Civil Aspects of International Child Abduction, if that convention is in effect between the United States and the destination country; and
(D) a written waiver under the Privacy Act, 5 U.S.C. Section 552a as amended, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and
(6) upon the petitioner’s request, a requirement that the respondent obtain an order from the relevant foreign country containing terms consistent with the child-custody determination issued in the United States.
(e) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
(1) limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and may order the parties to pay the costs of supervision; and
(2) require the posting of a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction.
(f) To prevent abduction of a child, a court may grant any other relief allowed under the law of this state other than this chapter.
(g) The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.
(Act 2010-212, p. 339, §9.)
An abduction prevention order remains in effect until the earliest of:
(1) the time stated in the order;
(2) the emancipation of the child;
(3) the child’s attaining 19 years of age; or
(4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 30-3B-201 through 30-3B-203 of the Uniform Child Custody Jurisdiction and Enforcement Act.
(Act 2010-212, p. 339, §10.)
(a) Under this chapter, a court may award or assess against any party, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, state agency expenses, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
(Act 2010-212, p. 339, §11.)
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 matter among states that enact it.
(Act 2010-212, p. 339, §12.)
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2010-212, p. 339, §13.)
This chapter may be cited as the Uniform Interstate Family Support Act.
(Act 2015-284, §1.)
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 duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(5) “Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(A) which has been declared under the law of the United States to be a foreign reciprocating country;
(B) which has established a reciprocal arrangement for child support with this state as provided in Section 30-3D-308;
(C) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
(D) in which the Convention is in force with respect to the United States.
(6) “Foreign support order” means a support order of a foreign tribunal.
(7) “Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.
(8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(10) “Income-withholding order” means an order or other legal process directed to an obligor’s employer or other debtor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.
(11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
(14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
(15) “Law” includes decisional and statutory law and rules and regulations having the force of law.
(16) “Obligee” means:
(A) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(B) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
(C) an individual seeking a judgment determining parentage of the individual’s child; or
(D) a person that is a creditor in a proceeding under Article 7.
(17) “Obligor” means an individual, or the estate of a decedent, that:
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a parent of a child;
(C) is liable under a support order; or
(D) is a debtor in a proceeding under Article 7.
(18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) “Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.
(22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.
(23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
(24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country.
(25) “Spousal-support order” means a support order for a spouse or former spouse of the obligor.
(26) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
(27) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to:
(A) seek enforcement of support orders or laws relating to the duty of support;
(B) seek establishment or modification of child support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling child-support order.
(28) “Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.
(29) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
(Act 2015-284, §1.)
(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.
(b) The Department of Human Resources is the support enforcement agency of this state.
(Act 2015-284, §1.)
(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 support order on the basis of comity.
(b) This chapter does not:
(1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
(Act 2015-284, §1.)
(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 support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6.
(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls.
(Act 2015-284, §1.)
(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 personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
(1) the individual is personally served with summons within this state;
(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Resources; or
(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child-support order of another state unless the requirements of Section 30-3D-611 are met, or, in the case of a foreign support order, unless the requirements of Section 30-3D-615 are met.
(Act 2015-284, §1.)
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 order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 30-3D-205, 30-3D-206, and 30-3D-211.
(Act 2015-284, §1.)
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 a responding tribunal for proceedings initiated in another state or a foreign country.
(Act 2015-284, §1.)
(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 is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state of the child.
(Act 2015-284, §1.)
(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 parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child-support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(Act 2015-284, §1.)
(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.)
(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 has not been issued in the current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child-support order, which controls.
(c) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in Section 30-3D-205 or 30-3D-206.
(f) A tribunal of this state that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order:
(1) the basis upon which the tribunal made its determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 30-3D-209.
(g) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
(Act 2015-284, §1.)
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 obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
(Act 2015-284, §1.)
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 period under any other child-support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
(Act 2015-284, §1.)
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 a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Section 30-3D-316, communicate with a tribunal outside this state pursuant to Section 30-3D-317, and obtain discovery through a tribunal outside this state pursuant to Section 30-3D-318. In all other respects, Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this state.
(Act 2015-284, §1.)
(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 order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal-support order.
(Act 2015-284, §1.)
(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 agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
(Act 2015-284, §1.)
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 of the minor’s child.
(Act 2015-284, §1.)
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 proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
(Act 2015-284, §1.)
(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:
(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
(Act 2015-284, §1.)
(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 shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1) establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;
(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor’s property;
(8) order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney’s fees and other fees and costs;
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
(Act 2015-284, §1.)
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 an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
(Act 2015-284, §1.)
(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 enforcement agency of this state that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling order; or
(2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child-support order and an income-withholding order that redirects payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 30-3D-319.
(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
(Act 2015-284, §1.)
(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 order the agency to perform its duties under this chapter or may provide those services directly to the individual.
(b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
(Act 2015-284, §1.)
An individual may employ private counsel to represent the individual in a proceeding authorized by this chapter.
(Act 2015-284, §1.)
(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 current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and
(4) obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and Social Security.
(Act 2015-284, §1.)
(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 modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying documents must provide, so far as known, the name, residential address, and Social Security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, Social Security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
(Act 2015-284, §1.)
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 jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
(Act 2015-284, §1.)
(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 state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
(Act 2015-284, §1.)
(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 by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
(Act 2015-284, §1.)
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 proceeding under this chapter.
(Act 2015-284, §1.)
(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, or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 30 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this chapter a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
(Act 2015-284, §1.)
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 obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
(Act 2015-284, §1.)
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 over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
(Act 2015-284, §1.)
(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 order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency or a tribunal of this state shall:
(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
(Act 2015-284, §1.)
(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 the parties may issue a support order if:
(1) the individual seeking the order resides outside this state; or
(2) the support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child;
(6) an acknowledged father as provided by Section 26-17-101 et seq.;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 30-3D-305.
(Act 2015-284, §1.)
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 a child brought under this chapter or a law or procedure substantially similar to this chapter.
(Act 2015-284, §1.)
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 person defined as the obligor’s employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
(Act 2015-284, §1.)
(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 treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and Section 30-3D-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:
(1) the employer’s fee for processing an income-withholding order;
(2) the maximum amount permitted to be withheld from the obligor’s income; and
(3) the times within which the employer must implement the withholding order and forward the child-support payment.
(Act 2015-284, §1.)
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 the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees.
(Act 2015-284, §1.)
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 individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
(Act 2015-284, §1.)
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 that may be imposed for noncompliance with an order issued by a tribunal of this state.
(Act 2015-284, §1.)
(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 state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income-withholding order relating to the obligor; and
(3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
(Act 2015-284, §1.)
(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 foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
(Act 2015-284, §1.)
A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
(Act 2015-284, §1.)
(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 in this state by sending the following records to the appropriate tribunal in this state:
(1) a letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor’s address and Social Security number;
(B) the name and address of the obligor’s employer and any other source of income of the obligor; and
(C) a description and the location of property of the obligor in this state not exempt from execution; and
(5) except as otherwise provided in Section 30-3D-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
(Act 2015-284, §1.)
(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 registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
(Act 2015-284, §1.)
(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 of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
(Act 2015-284, §1.)
(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 shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 30 days after notice unless the registered order is under Section 30-3D-707;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling order;
(3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding law of this state.
(Act 2015-284, §1.)
(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 time required by Section 30-3D-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 30-3D-607.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
(Act 2015-284, §1.)
(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 or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under Section 30-3D-604 precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
(Act 2015-284, §1.)
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 any matter that could have been asserted at the time of registration.
(Act 2015-284, §1.)
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 in this state in the same manner provided in Sections 30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
(Act 2015-284, §1.)
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.)
(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 child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under Section 30-3D-207 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) and Section 30-3D-201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
(Act 2015-284, §1.)
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.)
(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 of this state has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 do not apply.
(Act 2015-284, §1.)
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 issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
(Act 2015-284, §1.)
(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.)
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 order in this state under Sections 30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
(Act 2015-284, §1.)
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 central authority for assistance from another central authority.
(2) “Central authority” means the entity designated by the United States or a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified in the Convention.
(3) “Convention support order” means a support order of a tribunal of a foreign country described in Section 30-3D-102(5)(D).
(4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) “Foreign central authority” means the entity designated by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified in the Convention.
(6) “Foreign support agreement”:
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument under the Convention.
(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services.
(Act 2015-284, §1.)
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 1 through 6, this article controls.
(Act 2015-284, §1.)
The Department of Human Resources is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
(Act 2015-284, §1.)
(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 country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
(Act 2015-284, §1.)
(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 proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706 through 30-3D-713 apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Resources.
(e) This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
(Act 2015-284, §1.)
(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 order shall register the order in this state as provided in Article 6.
(b) Notwithstanding Sections 30-3D-311 and 30-3D-602(a), a request for registration of a Convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 30-3D-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
(Act 2015-284, §1.)
(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 contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in Section 30-3D-708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
(Act 2015-284, §1.)
(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 grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with Section 30-3D-201;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with Section 30-3D-706 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of Section 30-3D-711.
(c) If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) the Department of Human Resources shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 30-3D-704.
(Act 2015-284, §1.)
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 the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
(Act 2015-284, §1.)
(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 this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(4) the record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
(Act 2015-284, §1.)
(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.)
Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
(Act 2015-284, §1.)
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 accompanied by an English translation.
(Act 2015-284, §1.)
(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 chapter.
(b) The governor of this state may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
(Act 2015-284, §1.)
(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 the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
(Act 2015-284, §1.)
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 matter among states that enact it.
(Act 2015-284, §1.)
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 register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
(Act 2015-284, §1.)
All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband.
(Code 1886, §2341; Code 1896, §2520; Code 1907, §4486; Code 1923, §8261; Code 1940, T. 34, §65.)
The earnings of the wife are her separate property, but she is not entitled to compensation for services rendered to or for the husband or to or for the family.
(Code 1886, §2342; Code 1896, §2521; Code 1907, §4487; Code 1923, §8262; Code 1940, T. 34, §66.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1896, §2522; Code 1907, §4488; Code 1923, §8263; Code 1940, T. 34, §67.)
All damages which the wife may be entitled to recover for injuries to her person or reputation are her separate property.
(Code 1886, §2343; Code 1896, §2523; Code 1907, §4489; Code 1923, §8264; Code 1940, T. 34, §68.)
All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit.
(Code 1886, §2351; Code 1896, §2530; Code 1907, §4498; Code 1923, §8273; Code 1940, T. 34, §75.)
The husband is not liable for the debts or engagements of the wife, contracted or entered into before marriage, or for torts committed by her before marriage, but she remains liable and suable therefor as if she were sole.
(Code 1886, §2344; Code 1896, §2524; Code 1907, §4490; Code 1923, §8265; Code 1940, T. 34, §69.)
The husband is not liable for the debts or engagements of the wife, contracted or entered into after marriage, or for her torts in the commission of which he does not participate, but the wife is liable for such debts or engagements, or for her torts, and is suable therefor as if she were sole.
(Code 1886, §2345; Code 1896, §2525; Code 1907, §4491; Code 1923, §8266; Code 1940, T. 34, §70.)
The wife has full legal capacity to contract as if she were sole, except as otherwise provided by law.
(Code 1886, §2346; Code 1896, §2526; Code 1907, §4492; Code 1923, §8267; Code 1940, T. 34, §71.)
The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations.
(Code 1886, §2349; Code 1896, §2529; Code 1907, §4497; Code 1923, §8272; Code 1940, T. 34, §74; Acts 1957, No. 62, p. 101.)
The assignment of a life insurance policy, wherein the wife of the insured is designated as beneficiary and wherein the right is reserved to the insured to change the beneficiary, shall, to the extent of any indebtedness secured by the assignment of such policy, be free from and not subject to any law or laws forbidding the wife from becoming surety for the debts of her husband.
(Acts 1949, No. 247, p. 371.)
The wife must sue alone upon all contracts made by or with her, or for the recovery of her separate property or for injuries to such property, or for its rents, income or profits, or for all injuries to her person or reputation; and upon all contracts made by her, or engagements into which she enters and for all torts committed by her, she must be sued as if she were sole.
(Code 1886, §2347; Code 1896, §2527; Code 1907, §4493; Code 1923, §8268; Code 1940, T. 34, §72.)
The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not imprisoned under a conviction for crime for a period of two years or more, cannot alienate or mortgage her lands or any interest therein without the assent and concurrence of the husband, the assent and concurrence of the husband to be manifested by his joining in the alienation in the mode prescribed by law for the execution of conveyances of land. But if the husband be non compos mentis, or has abandoned the wife, or is a nonresident of the state, or is imprisoned under a conviction for crime for a period of two years or more, the wife may alienate or mortgage her lands as if she were sole. Notwithstanding the foregoing provisions of the section, the wife may lease her lands and tenements or any interest therein without the assent and concurrence of the husband.
(Code 1886, §2348; Code 1896, §2528; Code 1907, §4494; Code 1923, §8269; Code 1940, T. 34, §73; Acts 1943, No. 445, p. 408.)
All contracts concerning real or personal property situated in this state entered into by married women who are not residents of this state at the time of entering into such contracts have the same force and validity as if such contracts were made by married women residing within this state.
(Code 1896, §2532; Code 1907, §4500; Code 1923, §8275; Code 1940, T. 34, §77.)
Married women may, by last will and testament, dispose of their separate estates.
(Code 1852, §1989; Code 1867, §2378; Code 1876, §2713; Code 1886, §2352; Code 1896, §2533; Code 1907, §4501; Code 1923, §8276; Code 1940, T. 34, §78.)
The marriage of any woman in this state who is under 19 and over 18 years of age, or the widowhood of any woman in this state who is under 19 and over 18 years of age, or the arrival at the age of 18 years of any married woman or widow in this state, has the effect immediately to remove her or their disabilities of minority; and thereafter she has the same legal rights and abilities as married women or widows over 19 years of age.
(Code 1896, §2531; Code 1907, §4499; Code 1923, §8274; Acts 1927, No. 414, p. 482; Code 1940, T. 34, §76.)
The marriage of any male person in this state who is under 19 and over 18 years of age, or the widowerhood of any male person in this state who is under 19 and over 18 years of age, or the arrival at the age of 18 years of any married male person or widower in this state, has the effect immediately to remove his or their disabilities of minority, and thereafter he has the same legal rights and abilities as married male persons or widowers over 19 years of age.
This section shall apply to a person who married before October 29, 1959, but shall not abrogate any defense or abridge any remedy available to him prior to October 29, 1959.
(Acts 1959, No. 313, p. 891.)
(a) In this section, the following terms have the following meanings:
(1) DISPOSITION OR APPOINTMENT OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
(2) DIVORCE or ANNULMENT. Any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce or annulment of his or her marriage to his or her former spouse.
(5) RELATIVE OF THE DIVORCED INDIVIDUAL’S FORMER SPOUSE. An individual who is related to the divorced individual’s former spouse by blood, adoption, or affinity during the marriage and after the divorce or annulment, who is no longer related to the divorced individual by blood, adoption, or affinity.
(6) REVOCABLE. With respect to a disposition, appointment, provision, or nomination, one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of his or her former spouse or former spouse’s relative, whether or not the divorced individual was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse’s relative and whether or not the divorced individual then had the capacity to exercise the power.
(b) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the martial estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage:
(1) revokes any revocable:
a. disposition or appointment of property made by a divorced individual to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual’s former spouse;
b. provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual’s former spouse or on a relative of the divorced individual’s former spouse; and
c. nomination in a governing instrument, nominating a divorced individual’s former spouse or a relative of the divorced individual’s former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian; and
(2) severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship transforming the interests of the former spouses into equal tenancies in common.
(c) A severance under subdivision (2) of subsection (b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
(d) Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
(e) Provisions revoked solely by this section are revived by the divorced individual’s remarriage to the former spouse or by a nullification of the divorce or annulment.
(f) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument, before the payor or other third party received written notice of the divorce, annulment, or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture under this section.
(g)(1) A person who purchases property from a former spouse, relative of a former spouse, or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse, or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit.
(2) A former spouse, relative of a former spouse, or other person who receives a payment, an item of property, or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to the payment, benefit, or property under this section.
(3) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a former spouse, relative of the former spouse, or any other person who receives a payment, an item of property, or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of the payment of the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.
(h) The provisions of this section shall not apply to any insurance policy for which the former spouse is named beneficiary, if the former spouse is listed as owner of the policy or makes premium payments on the policy following the divorce or annulment.
(Act 2015-312, §1.)
When any married woman has been legally declared insane, or when any married woman is confined in any Alabama state hospital for the insane and the superintendent thereof shall have certified in writing to the probate judge of the county of the residence of the husband that in his opinion such married woman is permanently insane and such certificate has been recorded in the office of such probate judge, the husband may convey any or all of his real estate, not including the homestead, by deed, mortgage or deed of trust as though he were single.
(Code 1907, §4495; Code 1923, §8270; Code 1940, T. 34, §81.)
All conveyances under Section 30-4-30 shall state that the grantor is a married man and that his wife is insane, and shall have attached to it a copy of the judgment of the court declaring the wife insane, or shall have attached to such deed a copy of the certificate of the superintendent of any Alabama state hospital for the insane, that, in his opinion, the wife of such grantor in such deed is permanently insane. And such judgment or certificate, when so attached, shall, in the absence of fraud in procuring the same, be conclusive of the wife’s insanity and of the right of the husband to execute such conveyance.
(Code 1907, §4496; Code 1923, §8271; Code 1940, T. 34, §82.)
The circuit court may authorize a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of any interest owned in real estate as if such married person were single.
(Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §83.)
Whenever any such married person whose spouse is insane desires authority to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person shall file a complaint in the circuit court, setting forth the fact that his or her spouse is insane, that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of real estate, not including a homestead, as if single, and that said complaint is not for the purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint, the same shall be presented to the judge of the court, who shall enter an order fixing the day for hearing, providing that notice shall be given the insane spouse, the manner of giving such notice and appointing a guardian ad litem to represent the interest of said insane spouse.
(Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §84.)
If upon the hearing of the evidence the court is of the opinion that the authority sought to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted, the court shall enter judgment granting such authority for such a period of time as the court deems proper.
(Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §85.)
If the court enters the judgment granting the relief sought, the register or clerk shall file a certified copy of such judgment in the probate office of the county in which is situated the real estate he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment shall be taxed as part of the costs in the case.
(Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §86.)
Upon the entering of the judgment authorizing a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person shall have the right to sell, convey, mortgage or otherwise dispose of any or all interests in real estate as if single for a period specified in said judgment.
(Acts 1933, Ex. Sess. No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §87.)
The mode prescribed in Sections 30-4-32 through 30-4-36 shall not be considered exclusive and shall not repeal any existing law upon the subject of said sections, or be construed as limiting authority which the courts now have with reference to the same.
(Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §88.)
The word “parent” or “parents,” as used in this article, shall include the natural legal parent or parents, or other persons who shall have legally acquired the custody of such child or children, and the father of such child or children, though born out of lawful wedlock.
(Code 1923, §4479; Code 1940, T. 34, §89.)
Persons sentenced to serve a term in jail or at hard labor under the terms of this article may, if released by the court before the expiration of their term of sentence, as is provided for in this article, be placed on probation for the remainder of such term, upon the same terms and conditions and in the manner prescribed in this article for the probation of offenders not serving sentences.
(Acts 1919, No. 181, p. 176; Code 1923, §4482; Code 1940, T. 34, §92.)
Proceedings under this article may be instituted upon complaint made under oath or affirmation by the wife or child, or by any officer mentioned in Section 30-4-64, upon information received, or by any other person having knowledge of the facts, against any person accused of either of the above-named offenses.
(Acts 1919, No. 181, p. 176; Code 1923, §4483; Code 1940, T. 34, §93.)
Any officer mentioned in Section 30-4-64, when, in his opinion, a person in his jurisdiction is guilty of desertion or failure to support his family, shall institute a complaint to bring such person charged with such desertion or failure to support his wife or children before the court.
(Acts 1919, No. 181, p. 176; Code 1923, §4483; Code 1940, T. 34, §93.)
The juvenile courts of the several counties of the state shall have and exercise exclusive and original jurisdiction in all cases arising under this article. Except as is, or may hereafter be, otherwise provided by law, the institution and trial of such cases shall be had and conducted as other misdemeanor cases are begun and tried in district courts.
(Acts 1919, No. 181, p. 176; Code 1923, §4484; Code 1940, T. 34, §94.)
Any offense under this article shall be held to have been committed in any county in which such wife, child or children may be at the time such complaint is made. Whenever the judge within whose jurisdiction an offense under this article is alleged to have been committed shall, after an investigation of the facts and circumstances thereof, certify that, in his opinion, the charge is well founded and the case a proper one for extradition, or in any case, if the cost of extradition is borne by the parties interested in the case, the person charged with having left the state with the intention of evading the terms of his probation, or of abandoning or deserting his wife, child or children shall be apprehended and brought back to the county having jurisdiction of the case, in accordance with the law providing for the apprehension and return to this state of fugitives from justice, and, upon conviction, punished as provided in this article. When the judge of said court shall certify, as above provided, all costs incurred by the sheriff or other officers in bringing such husband or parent from other states, or from other counties in this state, into the county where the said offense shall have been committed and all costs incident to such extradition of such husband, parent or parents shall be paid by the county in which such offense shall have been committed, and the county commission shall make such appropriation as may be necessary to carry into effect the provisions and purposes of this section.
(Acts 1919, No. 181, p. 176; Code 1923, §4491; Code 1940, T. 34, §101.)
No other evidence shall be required to prove marriage of such husband and wife or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this article, any existing provisions of the law prohibiting the disclosure of confidential communication between husband and wife shall not apply, and both husband and wife shall be competent and compellable witnesses to testify to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof that a person has left his wife, child or children in destitute or necessitous circumstances, or has not contributed reasonably to their support for a period of 10 days after his departure, shall constitute prima facie evidence of willful intention to abandon or desert his said family.
(Acts 1919, No. 181, p. 176; Code 1923, §4494; Code 1940, T. 34, §104.)
At any time before or at the trial or pending an appeal to the circuit court, upon motion of the complainant and upon notice to the defendant, no formal notice being necessary if the defendant be present in court and informed of said motion, the judge of said court may enter such temporary orders as may seem just, providing for the support of the neglected wife or children, or both, pendente lite, and may punish violations of such order as contempt of court, as provided by law for the punishment of contempts of the court in which such case is pending.
(Acts 1919, No. 181, p. 176; Code 1923, §4487; Code 1940, T. 34, §97.)
At the trial on an entry of a plea of guilty, or after conviction and after judgment and sentence has been imposed, as provided in this article, the judge of the juvenile court in the first instance, or the judge of the circuit court on appeal and trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard to the circumstances and to the financial ability or earning capacity of the defendant, may make an order, which shall be subject to change by the judge of the juvenile court, from time to time, as circumstances may require, directing the defendant to pay a certain sum periodically to the clerk of the juvenile court for the use of the defendant’s wife or for the use of his wife and child or children, or for the use of his child or children, and to release the said defendant from custody on probation, upon his entering into recognizance or bond, with or without surety in the discretion of said judge, in such sum as said judge may order and approve. The conditions of said bond shall be such that if the said defendant shall make his personal appearance in the juvenile court at stated times or whenever ordered to do so by the judge thereof within one year and shall further comply with the terms of such order of support or of any subsequent modification thereof, then such bond or recognizance shall be void, otherwise to remain in full force and effect.
(Acts 1919, No. 181, p. 176; Code 1923, §4488; Code 1940, T. 34, §98.)
The judge of the juvenile court may, after a part of such sentence has been served, also release the defendant from such sentence to jail or hard labor and suspend the remaining part thereof, and may make such order of support and release the defendant on probation subject to the same terms and conditions as provided for the probation of defendants not serving such sentence.
(Acts 1919, No. 181, p. 176; Code 1923, §4489; Code 1940, T. 34, §99.)
The defendant, if convicted, shall have the right to appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal, upon his entering into bond, with sufficient sureties in such sum as the court may require, he shall be released from custody. If the defendant fails to make the required bond, he shall be confined in the county jail until the appeal is determined.
(Acts 1919, No. 181, p. 176; Code 1923, §4485; Code 1940, T. 34, §95.)
In the event the appeal goes to the circuit court and the defendant shall be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded to jail to answer said judgment, and in the event that such judgment and sentence is suspended and the defendant is released on probation, the court shall inform him as to his duties under such probation order, and cause the probation bond provided for in this article to be filed with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile court as provided for in this article. Upon the entry of such judgment, said circuit court shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which, when so filed, shall thereupon become also the judgment of the juvenile court, and the juvenile court shall have the same power, jurisdiction and authority to deal with said defendant under such judgment, as if such judgment had been entered in the juvenile court in the first instance.
(Acts 1919, No. 181, p. 176; Code 1923, §4486; Code 1940, T. 34, §96.)
If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice and hearing, that the defendant has violated the terms of any such order of support or the terms of any such probation bond, said judge may forthwith, or after further probation, make and enter an order setting aside such suspension of said judgment and sentence, and may issue a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail or to the sheriff of such county, to serve such sentence, as if same had never been suspended. Said judge, in such contingency, shall have the right and authority, whether said defendant is allowed further probation or not, to declare said bond or recognizance forfeited, and the sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use of defendant’s wife or children, or both, in the same manner as other money is provided in this article to be so paid, and shall be expended for such use as is provided in this article. In the event of the violation of the terms of any such probation bond taken or filed in such juvenile court, the judge of such court shall have the right to transmit said bond, together with his certificate to the effect of the failure of the said principal and sureties thereon to carry out and discharge their undertakings in said bond, to the clerk of the circuit court of such county. And in the event of such certification by the judge of that court to the clerk of the circuit court, it shall be the duty of the clerk of the circuit court to at once bring the same to the attention of the judge or judges of said court, who shall proceed to enter a forfeiture of said bond so transmitted in the manner and form now provided for the forfeiting of bonds in the circuit court, after which writs and orders of execution shall issue thereon as now provided by law upon the forfeiture of bonds in criminal cases in said circuit court.
(Acts 1919, No. 181, p. 176; Code 1923, §4490; Code 1940, T. 34, §100.)
The judge of the juvenile court may call upon the sheriff or any deputy sheriff in the county, any constable in said county, any police or other peace officer in any town or city in said county or any humane or probation officer in said county to serve as probation officer, under the terms of this article, and he may appoint in any particular case, any other discreet person willing to serve in such case as such probation officer. Said officers, when so requested or appointed by said judge, if it will not interfere with the performance of the duties of their respective offices, shall faithfully perform the duties which may be prescribed for them by the court or judge above mentioned and shall promptly make all reports which may be required of him by said court or judge. The sheriff of the county shall serve all writs, processes and papers directed by the court to be served by him, and a suitable allowance shall be made to him by the county commission of such county for his actual disbursements in effecting such service; but all writs or other processes issued from said court in such proceedings may be served by any person designated by the juvenile court, for such purpose, and while such other person is engaged in serving such writs or processes, said person shall have all the power and authority of a sheriff. There shall be no costs of any kind whatever taxed in cases arising under this article.
(Acts 1919, No. 181, p. 176; Code 1923, §4492; Code 1940, T. 34, §102.)
Said probation officers shall ascertain the name and address and such facts in relation to the antecedent history and environment of the person or persons committed to his charge as may enable him to determine what corrective measures will be proper in the case, and shall exercise constant supervision over the conduct of such person or persons, and make reports to the judge whenever he shall deem it necessary or be required so to do, and he shall use every effort to encourage and stimulate such person to a reformation in respect to his said offense. Whenever said probation officer shall become satisfied that such person is violating the terms of probation, the conditions of his bond, or regulations given or prescribed by the judge for his conduct, the probation officer shall report such violations to the judge of said court with his recommendations, and such judge may thereupon proceed as provided in Section 30-4-63.
(Acts 1919, No. 181, p. 176; Code 1923, §4493; Code 1940, T. 34, §103.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §1; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §2; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1953, No. 824, p. 1110; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §4; Acts 1953, No. 823, p. 1107, §1; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §7; Acts 1953, No. 823, p. 1107, §2; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §8; Acts 1953, No. 823, p. 1107, §3; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §5; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §6; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §9; Acts 1953, No. 823, p. 1107, §4; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §10; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §18; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §11; Acts 1953, No. 823, p. 1107, §5; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §17; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §12; Acts 1953, No. 823, p. 1107, §6; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §13; Acts 1953, No. 823, p. 1107, §7; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §14; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §15; Acts 1953, No. 823, p. 1107, §8; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §16; Acts 1997, No. 97-245, p. 398, §1.)
[Repealed]
Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
(Acts 1951, No. 879, p. 1515, §3; Acts 1997, No. 97-245, p. 398, §1.)
(a) This chapter shall be known as and may be cited as the Protection From Abuse Act.
(b) This chapter shall be liberally construed and applied to promote all of the following purposes:
(1) To assure victims of domestic violence the maximum protection from abuse that the law can provide.
(2) To create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact.
(3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse.
(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family members and others who are personally involved with the perpetrators.
(5) To recognize that domestic violence is a crime that will not be excused or tolerated.
(6) To provide for protection orders to prevent domestic violence and provide for court jurisdiction and venue; to provide for court hearing for petitions for relief; and to provide for the contents and the issuance of protection orders.
(Acts 1981, No. 81-476, p. 826, §1; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1.)
In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) ABUSE. An act committed against a victim, which is any of the following:
a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43, inclusive.
b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
c. Attempt. Attempt as defined under Section 13A-4-2.
d. Child Abuse. Torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act.
e. Criminal Coercion. Criminal coercion as defined under Section 13A-6-25.
f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive.
g. Harassment. Harassment as defined under Section 13A-11-8.
h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.
i. Menacing. Menacing as defined under Section 13A-6-23.
j. Other Conduct. Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state.
k. Reckless Endangerment. Reckless endangerment as defined under Section 13A-6-24.
l. Sexual Abuse. Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of Title 13A.
m. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.
n. Theft. Theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive.
o. Unlawful Imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.
(2) COURT. A circuit court judge, a district court judge appointed as a special circuit court judge pursuant to law or a district court judge designated by a written standing order from the presiding circuit court judge to handle protection from abuse cases.
(3) DATING RELATIONSHIP. A relationship or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
a. A dating relationship includes the period of engagement to be married.
b. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.
(4) PLAINTIFF. An individual who has standing to file a petition under Section 30-5-5.
(5) PROTECTION ORDER. Any order of protection from abuse issued under this chapter for the purpose of preventing acts of abuse as defined in this chapter.
(6) THREAT. Any word or action, expressed or implied, made to cause the plaintiff to fear for his or her safety or for the safety of another person.
(7) VICTIM. An individual who is related in any of the following ways to the person who commits an act of abuse:
a. Has a current or former marriage, including common law marriage, with the defendant.
b. Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household.
c. Has or had a dating relationship with the defendant. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.
d. Is a current or former household member. For purposes of this chapter, a “household member” excludes non-romantic or non-intimate co-residents.
e. A relative of a current or former household member as defined in paragraph d. who also lived with the defendant.
f. An individual who is a parent, stepparent, child, or stepchild.
g. An individual who is a grandparent, step-grandparent, grandchild, or step-grandchild.
(Acts 1981, No. 81-476, p. 826, §2; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in conjunction with the preliminary, final, or post-judgment relief in a civil action.
(c) A petition for a protection order may be filed in any of the following locations:
(1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred.
(4) Where a civil matter is pending before the court in which the plaintiff and the defendant are opposing parties.
(d) When custody, visitation, or support, or a combination of them, of a child or children has been established in a previous court order in this state, or an action containing any of the issues above is pending in a court in this state in which the plaintiff and the defendant are opposing parties, a copy of any temporary ex parte protection order issued pursuant to this chapter and the case giving rise thereto should be transferred to the court of original venue of custody, visitation, or support for further disposition as soon as practical taking into account the safety of the plaintiff and any children.
(e) A minimum period of residency of a plaintiff is not required to petition the court for an order of protection.
(Acts 1981, No. 81-476, p. 826, §3; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.
(b) At any hearing in a proceeding to obtain a protection order, each party has a continuing duty to inform the court of each pending proceeding in this state or any other state for a protection order, any pending civil litigation in this state or any other state, each pending proceeding in any family or juvenile court of this state or any other state, each pending criminal case involving the parties in this state or any other state, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.
(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other proceedings or judgments involving the parties in a court of this state or any other state.
(d) If child custody, visitation, or support have been ordered previously by a court of this state or any other state prior to the filing of an action under this chapter, the terms of the previous court order concerning these matters may be incorporated into a protection order as long as the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B, and the Uniform Interstate Family Support Act, Chapter 3A, are followed if an order was issued in another state.
(e) Any protection order issued in this state pursuant to this chapter shall be effective throughout this state.
(f) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.
(Acts 1981, No. 81-476, p. 826, §4; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1.)
(a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff:
(1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.
(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following:
a. A minor child.
b. Any person prevented by physical or mental incapacity from seeking a protection order.
(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks’ offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting their case to the court.
(c) A sworn petition shall allege the incidents of abuse, the specific facts and circumstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears subsequent acts of abuse by the defendant.
(d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim’s immediate family and to clearly provide law enforcement with sufficient directives.
(e) Any plaintiff who files a petition under this chapter may do so through an attorney or may represent himself or herself throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.
(f)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk’s office: The plaintiff’s home address and, if applicable, business address; a plaintiff’s home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff’s family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.
(2) If disclosure of the plaintiff’s address, the address of any member of the plaintiff’s family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.
(3) If the plaintiff has not disclosed an address or telephone number under this section, the plaintiff shall satisfy one of the following requirements:
a. Designate and provide to the court an alternative address.
b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.
(g)(1) No court costs or fees shall be assessed for the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order or a petition for a protection order under this chapter.
(2) No court costs or fees shall be assessed for the issuance of a witness subpoena under this chapter.
(3) Costs and fees may be assessed against the defendant at the discretion of the court.
(Acts 1981, No. 81-476, p. 826, §5; Acts 1995, No. 95-542, p. 1126, §1; Act 2003-385, p. 1088, §1; Act 2010-538, p. 919, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-321, §1.)
(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.
(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff or children from abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good cause shown. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
(Acts 1981, No. 81-476, p. 826, §6; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1.)
(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 person designated by the court.
(2)a. Restrain and enjoin the defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would place the plaintiff, minors, children of the plaintiff, or any other person designated by the court in reasonable fear of bodily injury or from contacting the plaintiff or children of the plaintiff.
b. For the purposes of this subdivision, contacting includes, but is not limited to, communicating with the victim verbally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person.
(3) Restrain and enjoin the defendant from having physical or violent contact with the plaintiff or the plaintiff’s property, or from going within a minimum of 300 feet of the plaintiff’s residence, even if the residence is shared with the defendant, school, or place of employment of the plaintiff, any children, or any other person designated by the court, or order the defendant to stay away from any specified place frequented by the plaintiff, any children, or any person designated by the court where the court determines the defendant has no legitimate reason to frequent.
(4) Award temporary custody of any children of the parties.
(5) Enjoin the defendant from interfering with the plaintiff’s efforts to remove any children of the plaintiff or from removing any children from the jurisdiction of the court, and direct the appropriate law enforcement officer to accompany the plaintiff during the effort to remove any children of the plaintiff as necessary to protect the plaintiff or any children from abuse or child abuse.
(6) Enjoin the defendant from removing any children from the individual having legal custody of the children, except as subsequently authorized by a custody or visitation order issued by a court of competent jurisdiction.
(7) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.
(8) Order possession and use of an automobile and other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the parties or to other specified locations as necessary to protect the plaintiff or any children from abuse.
(9) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff or any children and any person designated by the court.
(10) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties.
(c) The court may grant any of the following relief in a final protection order or a modification of a protection order after notice and a hearing, whether or not the defendant appears:
(1) Grant the relief available in subsection (b).
(2) Specify arrangements for visitation of any children by the defendant on a basis that gives primary consideration to the safety of the plaintiff or any children, or both, and require supervision by a third party or deny visitation if necessary to protect the safety of the plaintiff or any children, or both.
(3) Order the defendant to pay attorney’s fees and court costs.
(4) When the defendant has a duty to support the plaintiff or any children living in the residence or household and the defendant is the sole owner or lessee, grant to the plaintiff possession of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff, or both, or by consent agreement allowing the defendant to provide suitable alternate housing.
(5) Order the defendant to pay temporary reasonable support for the plaintiff or any children in the plaintiff’s custody, or both, when the defendant has a legal obligation to support such persons. The amount of temporary support awarded shall be in accordance with Child Support Guidelines found in Rule 32 of the Alabama Rules of Judicial Administration.
(6) Order the defendant to provide temporary possession of a vehicle to the plaintiff, if the plaintiff has no other means of transportation of his or her own and the defendant either has control of more than one vehicle or has alternate means of transportation.
(d)(1) Any temporary ex parte order issued pursuant to this chapter shall remain in effect as provided in Section 30-5-6. While the final protection order is in effect, the court may amend its order at any time upon subsequent petition being filed by either party and a hearing held pursuant to this chapter.
(2) Any final protection order is of permanent duration unless otherwise specified or modified by a subsequent court order.
(e) No order or agreement under this chapter shall in any manner affect title to any real property, except final subsequent proceedings available by law.
(f) A temporary or final judgment on a protective order entered pursuant to this section shall indicate all of the following:
(1) That the injunction is valid and enforceable in all counties in the state.
(2) That law enforcement officers may use their arrest powers pursuant to Section 15-10-3 to enforce the terms of the injunction.
(3) That the court had jurisdiction over the parties and matter under the laws of the state and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process.
(Acts 1981, No. 81-476, p. 826, §7; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1; Act 2015-493, §2.)
(a)(1) A copy of any notice of hearing or any protection order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided the plaintiff provides the court with current and accurate contact information, and to the law enforcement officials with jurisdiction over the residence of the plaintiff. The clerk of the court may furnish a certified copy of the notice of final hearing or protection order, if any, electronically.
(2) A copy of the petition and ex parte protection order, if issued, under this chapter shall be served upon the defendant as soon as possible pursuant to Rule 4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and any other order under this chapter shall be issued to the defendant as soon as possible.
(3) Certain information in these cases shall be entered in the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted by the Administrative Office of Courts to the Alabama State Law Enforcement Agency for entry into the Law Enforcement Tactical System and into the National Crime Information Center as approved by the Alabama Justice Information Commission. The information shall include, but is not limited to, information as to the existence and status of any protection orders for verification purposes.
(b) Ex parte and final protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.
(c) Within 24 hours after receiving proof of service of process of the petition and ex parte order, if issued, the clerk of court shall enter the service date into the Protection Order Registry of the Administrative Office of Courts and the information shall be electronically transmitted by the Administrative Office of Courts to the Alabama State Law Enforcement Agency. The Alabama State Law Enforcement Agency shall enter the information into the Law Enforcement Tactical System and into the National Crime Information Center as approved by the Alabama Justice Information Commission.
(d) If a court vacates or modifies a protection order, the order shall be sent within 24 hours to the plaintiff, provided that the plaintiff provides the court with current and accurate contact information, to the defendant, and to the law enforcement officials where the victim resides.
(e)(1) The Alabama State Law Enforcement Agency shall develop an automated process by which a plaintiff may request notification of service of the ex parte protection order and other court actions related to the protection order as determined and approved by the Alabama Justice Information Commission. The automated notice shall be made within 12 hours after a law enforcement officer serves an ex parte protection order upon the defendant. The notification shall include, at a minimum, the date, time, and where the protection order was served. The information identifying the plaintiff referenced under subdivision (2) shall be exempt from public records requirements in Section 36-12-40.
(2) Upon implementation of the automated process, information held by the clerks and law enforcement agencies in conjunction with this process that reveals a home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a plaintiff requesting notification of service of a protection order or other court actions is exempt from Section 36-12-40. Notwithstanding the provisions of this subsection, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted access in the furtherance of the agency’s statutory duties.
(Acts 1981, No. 81-476, p. 826, §8; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
[Repealed]
Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010.
(Acts 1981, No. 81-476, p. 826, §9; Acts 1995, No. 95-542, p. 1126, §1; Act 99-447, p. 1039, §1.)
[Repealed]
Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010.
(Acts 1981, No. 81-476, p. 826, §10; Acts 1995, No. 95-542, p. 1126, §1.)
The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure; provided, however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1981, No. 81-476, p. 826, §12.)
Amended and renumbered as §13A-6-140, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
(Acts 1993, No. 93-325, p. 495, §1.)
Amended and renumbered as §13A-6-141, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
(Acts 1993, No. 93-325, p. 495, §2.)
Amended and renumbered as §13A-6-142, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
(Acts 1993, No. 93-325, p. 495, §3; Acts 1996, No. 96-527, p. 684, §1.)
Amended and renumbered as §13A-6-143, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
(Acts 1993, No. 93-325, p. 495, §4.)
Lack of knowledge by the defendant of the order which was violated shall be an affirmative defense to conviction for violating this chapter at trial only, but shall not affect the determination of the arresting officer in deciding to arrest. Nothing in this section shall change the burden of proof required in a criminal prosecution.
(Acts 1993, No. 93-325, p. 495, §5.)
Nothing in this chapter shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
(Acts 1993, No. 93-325, p. 495, §6.)
The provisions of this chapter shall be construed in pari materia with all laws which relate to punishment and sentences for any civil or criminal offense, including, but not limited to, contempt of court, domestic abuse, child abuse, family abuse, or juvenile abuse, and the punishment and sentences provided in Chapter 5 of Title 13A. All laws which otherwise conflict with this chapter are repealed only to the extent of the conflict.
(Acts 1993, No. 93-325, p. 495, §8.)
This chapter may be cited as the Alabama Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(Act 2003-380, p. 1075, §1.)
As used in this chapter, the following words have the following meanings:
(1) COURT. A circuit or district court authorized by statute to issue or modify a protective order.
(2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal of another state.
(3) ISSUING STATE. The state whose tribunal issues a protection order.
(4) MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(5) PROTECTED INDIVIDUAL. An individual protected by a protection order.
(6) PROTECTION ORDER. An injunction or other order, issued by a tribunal under the domestic violence or family violence laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
(7) RESPONDENT. The individual against whom enforcement of a protection order is sought.
(8) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
(9) TRIBUNAL. A court, agency, or other entity authorized by law to issue or modify a protection order.
(Act 2003-380, p. 1075, §1.)
(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
(b) A court of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) A court of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d) A court of this state may not enforce under this chapter a provision of a foreign protection order with respect to support.
(e) A foreign protection order is valid if it meets all of the following criteria:
(1) Identifies the protected individual and the respondent.
(2) Is currently in effect.
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state.
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal that issued the order or, in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.
(f) A foreign protection order valid on its face is prima facie evidence of its validity.
(g) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(h) A court of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following criteria are met:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state.
(2) The tribunal of the issuing state made specific findings in favor of the respondent.
(Act 2003-380, p. 1075, §1.)
(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this chapter.
(Act 2003-380, p. 1075, §1.)
(a) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall present a certified copy of the order to any circuit or district court clerk in the state and complete an affidavit as provided in subsection (d).
(b) The court clerk shall enter, as expeditiously as possible, all necessary information into the State Judicial Information System which shall be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal Justice Information System. After the order is registered, a copy of the order stamped filed by the court clerk shall be provided by the clerk’s office to the person registering the order.
(c) The Criminal Justice Information Center, as Alabama’s central registry of protection orders, shall enter, as expeditiously as possible, an order upon electronic submission from the State Judicial Information System of information concerning a valid protection order filed with a circuit or district court clerk. The Criminal Justice Information Center shall correct inaccurate information upon receipt of notice of inaccuracies or corrections, and shall remove from the registry protection orders not currently in effect.
(d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.
(e) A foreign protection order registered under this chapter shall be entered by the State Judicial Information System, Criminal Justice Information System, and the National Crime Information Center in any existing state or federal registry of protection orders, in accordance with applicable law.
(f) A fee may not be charged for the registration of a foreign protection order.
(Act 2003-380, p. 1075, §1.)
In the absence of negligence, or wantonness, or willful misconduct, this state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in an effort to comply with this chapter.
(Act 2003-380, p. 1075, §1.)
A protected individual who pursues remedies under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent.
(Act 2003-380, p. 1075, §1.)
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2003-380, p. 1075, §1.)
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Act 2003-380, p. 1075, §1.)
This chapter applies to protection orders issued before January 1, 2004, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2004. A request for enforcement of a foreign protection order made on or after January 1, 2004, for violations of a foreign protection order occurring before January 1, 2004, is governed by this chapter.
(Act 2003-380, p. 1075, §1.)
In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) ABUSE. As defined in Section 30-5-2.
(2) ACADV. The Alabama Coalition Against Domestic Violence, Incorporated.
(3) ADVOCATE. An employee or volunteer of a program for victims of domestic violence receiving funds under this chapter who has a primary function of rendering advice, counseling, or assistance to victims of domestic violence; who supervises the employees or volunteers of the program; or who administers the program.
(4) AGENCY. The Alabama State Law Enforcement Agency.
(5) CLIENT. Any individual receiving services from a certified domestic violence center.
(6) DIRECTOR. The Director of the Department of Economic and Community Affairs.
(7) DOMESTIC VIOLENCE. Abuse as defined in subdivision (1).
(8) DOMESTIC VIOLENCE CENTER. An entity that provides services or shelter to domestic violence victims and their accompanying children and is a member of the ACADV or other qualified entity.
(9) OTHER QUALIFIED ENTITY. An entity designated by the director to fulfill the duties of the ACADV in the event the ACADV ceases operations or is otherwise ineligible to receive federal funds for domestic violence programs in this state.
(10) VICTIM. As defined in Section 30-5-2.
Terms not otherwise defined by this chapter shall have the meaning given to them by the Alabama Criminal Code, Title 13A, or other provisions of law, as the case may be.
(Acts 1981, No. 81-813, p. 1452, §1; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
The Legislature recognizes that persons who are victims of domestic violence are in need of critical lifesaving services from specialized facilities that possess relevant expertise to assist such persons. It is the intent of the Legislature to assist in the development of certified domestic violence centers and the creation of appropriate expanded services for the victims of domestic violence so that all victims obtain services needed. It is further recognized that it is important to prevent domestic violence by determining the root causes of such violence.
(Acts 1981, No. 81-813, p. 1452, §2; Act 2015-493, §2.)
(a) The director shall perform or delegate all of the following duties:
(1) Operate the domestic violence program and, in collaboration with ACADV or other qualified entity, coordinate and administer statewide activities related to the prevention of domestic violence.
(2) Have the right to enter and inspect the premises of domestic violence centers that are applying for an initial certification or facing potential suspension or revocation of certification to effectively evaluate the state of compliance with minimum standards.
(3) Promote the involvement of domestic violence centers in the coordination, development, and planning of domestic violence programming.
(4) Coordinate with state agencies that have health, education, or criminal justice responsibilities to raise awareness of domestic violence and promote consistent policy implementation, including law enforcement training.
(5) Cooperate with, assist in, and participate in programs of other properly qualified state or federal agencies, schools of medicine, hospitals, and health clinics in planning and conducting research on the prevention of domestic violence and the provision of services to clients.
(6) Contract with ACADV or other qualified entity for the creation of minimum standards of service provision, training, and technical assistance to certified domestic violence centers, and for the evaluation of services provided by domestic violence centers.
(7) Consider applications from certified domestic violence centers for capital improvement grants and award those grants pursuant to Article 9, Chapter 23, Title 41.
(8) Adopt, by rule, procedures to administer this chapter, including developing criteria for the approval, suspension, or rejection of certification of domestic violence centers.
(9) Receive and approve or reject applications for funding of certified domestic violence centers. When approving funding for a newly certified domestic violence center, the director shall make every effort to minimize any adverse economic impact on existing certified domestic violence centers or services provided within the same service area. In order to minimize duplication of services, the director shall make every effort to encourage subcontracting relationships from existing certified domestic violence centers within the same service area. The director shall equitably distribute funds from the Domestic Violence Trust Fund and state funds to the certified domestic violence centers.
(10) Manage the Domestic Violence Trust Fund for the purposes of collecting and distributing funds pursuant to this chapter.
(b) Any facility which shelters children, pursuant to this chapter, shall be exempt from the provisions of Title 38, Chapter 7.
(Acts 1981, No. 81-813, p. 1452, §3; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
The ACADV, or other qualified entity, shall do all of the following:
(1) Recommend minimum certification qualifications and administrative standards to ensure the health, safety, and welfare of domestic violence victims and their children to the director.
(2) Assist the director in the evaluation of certified domestic violence centers in order to determine compliance with certification standards.
(3) At the discretion of the director, conduct statewide training and technical assistance for certified domestic violence centers and partnering organizations.
(4) Make recommendations to the Department of Economic and Community Affairs regarding the content of batterers’ intervention programs.
(5) Assist the director in other matters relating to the implementation and administration of programs under this chapter.
(Acts 1981, No. 81-813, p. 1452, §4; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
(a) Each domestic violence center shall provide to the director information relating to the number of persons who receive services from local domestic violence programs or certified domestic violence centers and any other information that is required to be reported for eligibility to receive federal grant funding or other funding.
(b) The director shall furnish to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives a report on or before January 1 of each year on the status of domestic violence in Alabama, which shall include, but not be limited to, the following:
(1) The incidence of domestic violence in this state.
(2) An identification of the areas of the state where domestic violence is of significant proportions, including the number of cases of domestic violence officially reported.
(3) The identification and description of the types of programs in the state that assist victims or persons who commit domestic violence, including information on its programs.
(4) The number of persons who receive services from local domestic violence programs or certified domestic violence centers.
(c)(1) The Alabama State Law Enforcement Agency, in collaboration with the Attorney General, ACADV, or other qualified entity, and the statewide domestic violence fatality review team, as established in Section 30-9-2, shall produce an annual report to be provided to the Governor and the Legislature. The report shall review the number and type of domestic violence fatalities and near fatalities and shall make policy and other recommendations on how the state and stakeholders may more effectively reduce the incidence of domestic violence fatalities in the state. The report shall include the results of the warrantless arrest policy provided for under Section 13A-6-133, including separate statistics on occurrences of and arrests for domestic versus nondomestic violence, such as stalking, assault, sexual assault, the illegal use of firearms, arson, homicide, murder, manslaughter, or the attempt of any of these crimes. The agency shall also provide the annual domestic violence statistics to the relevant federal agency for national reporting required by federal regulations or directives.
(2) A state agency, within a reasonable time, shall comply with a request from the Alabama State Law Enforcement Agency for information relating to a report under this subsection.
(Acts 1981, No. 81-813, p. 1452, §5; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
(a) In order to be certified, each domestic violence center shall do all of the following:
(1) Provide a facility that shall serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this chapter, minor children and other dependents of a victim, when the dependents are partly or wholly dependent on the victim for support or services, may be sheltered with the victim in a domestic violence center.
(2) Provide minimum services which shall include, but not be limited to, information and referral services, counseling and case management services, temporary emergency shelter for more than 24 hours for adult victims and their accompanying children, a 24-hour hotline, training for law enforcement personnel, assessment and appropriate referral of resident children, outreach services as defined by standards for counties without a physical emergency shelter facility, and educational services for community awareness relative to the incidence of domestic violence, the prevention of domestic violence, and the care, treatment, and rehabilitation for persons engaged in or subject to domestic violence. If a 24-hour hotline, professional training, or community education is already provided by a certified domestic violence center within its designated service area, the director may exempt the certification requirements for a new domestic violence center serving the same service area in order to avoid duplication of services.
(3) Comply with the requirements for training and continuing education adopted by the director.
(4) Comply with rules adopted pursuant to this chapter.
(5) Comply with rules adopted by the director relating to confidential communications and privileges under this chapter.
(6)a. If the domestic violence center is a new center applying for certification on or after January 1, 2016, demonstrate that the services provided address a need identified in the most current statewide needs assessment approved by the director. If the center applying for initial certification proposes providing services in an area that has an existing certified domestic violence center, the center applying for initial certification shall demonstrate an unmet need in that service area and describe its efforts to avoid duplication of services.
b. The Department of Economic and Community Affairs may adopt rules for the implementation of this subdivision.
(b) Each domestic violence center shall satisfy domestic violence standards adopted by the director.
(c) If the director finds that there is a failure by a domestic violence center to comply with the requirements and standards established under this chapter or with any rules adopted pursuant thereto, the director may deny, suspend, or revoke the certification, or may temporarily extend the certification to allow the domestic violence center to implement a corrective action plan.
(d) The annual certificate automatically expires on June 30 of each year unless it is renewed. This subsection applies to a center operating on or before January 1, 2016.
(e) Domestic violence centers shall establish procedures pursuant to which persons subject to domestic violence may seek services from these facilities on a voluntary basis.
(f) Each domestic violence center shall be a 501(c)(3) nonprofit corporation and shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency.
(g) In order to receive funding from the Domestic Violence Trust Fund and other state funds, a domestic violence center shall do all of the following:
(1) Obtain certification pursuant to this chapter; provided, however, the issuance of a certification does not obligate the Alabama Department of Economic and Community Affairs to provide monies distributed through the Domestic Violence Trust Fund.
(2) Receive at least 10 percent of its funding from one or more local, municipal, or county sources, public or private, provided contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding.
(h)(1) All funds collected and appropriated for certified domestic violence centers shall be distributed equitably by the director.
(2) A contract between the director and a certified domestic violence center shall contain provisions ensuring the availability and geographic necessity of services throughout the service area. For this purpose, a center may distribute funds through subcontracts or to center satellites, if such arrangements and any subcontracts are approved by the director.
(3) The director may allocate funds from the Domestic Violence Trust Fund for the administration and enforcement of Act 2015-493, including law enforcement training.
(i) If any of the minimum services provided under this section are exempted from certification by the director under this section, the domestic violence center may not receive funding from the Alabama Department of Economic and Community Affairs for those services.
(Acts 1981, No. 81-813, p. 1452, §6; Acts 1987, No. 87-596, p. 1035, §1; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
(a) The Department of Economic and Community Affairs may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend, on an annual basis, more than eight percent of the total available funds from the Domestic Violence Trust Fund, or the actual costs of administration, whichever is less.
(b) Each domestic violence center shall complete a financial audit after its first year of operation following certification. Thereafter, a domestic violence center shall complete a financial audit every three years or at the request of the director.
(Acts 1981, No. 81-813, p. 1452, §7; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
Information identifying individuals or facilities received by the office, the circuit, any district attorney or his or her employees, the director, or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from Section 36-12-40. Information about the location of domestic violence centers and facilities is confidential and exempt from Section 36-12-40. Oral communications between a domestic violence victim and an advocate and written reports and records concerning the victim may not be disclosed without the written consent of the victim. This privilege does not relieve a person from any duty imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with the Department of Human Resources, the staff and volunteers of a domestic violence center shall protect the confidentiality of other clients at the center. A victim or advocate may not claim this privilege when providing evidence in proceedings concerning child abuse, but may claim this privilege in all other proceedings, both criminal and civil. This privilege expires upon the death of the victim. The director shall ensure that the information obtained under authority of this chapter shall be restricted to the items germane to the implementation thereof and shall ensure that the provisions are administered so as not to accumulate any information or distribute any information that is not required by this chapter.
(Acts 1981, No. 81-813, p. 1452, §8; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
Any law enforcement officer who investigates an alleged incident of domestic violence shall , at the time of the incident, assist the victim with obtaining transportation so that the victim may receive any necessary medical treatment which resulted from the alleged incident to which the officer responds, and shall advise the victim that there is a domestic violence center from which the victim may receive services.
(Acts 1981, No. 81-813, p. 1452, §9; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
(a) The director is authorized to adopt rules necessary to administer and implement the provisions of this chapter not otherwise covered by subsection (b).
(b) The Secretary of the Alabama State Law Enforcement Agency may adopt rules necessary to administer and implement the provisions of this chapter which relate to enforcement or other duties of law enforcement officers.
(Acts 1981, No. 81-813, p. 1452, §10; Act 2015-493, §2.)
There is created the Domestic Violence Trust Fund within the State Treasury for the specific purpose of funding certified domestic violence centers. The fund shall be administered by the Department of Economic and Community Affairs. Beginning on January 1, 2016, and thereafter, in addition to any and all other fees collected for any marriage license or other documentation of marriage, the marriage license issuing agent or marriage recording agent shall collect sixty dollars ($60). The funds, as well as those fines imposed pursuant to subsection (f) of Section 30-5-8, shall be designated only for the purposes of this chapter, and forwarded monthly to the department for deposit in the Domestic Violence Trust Fund. Ten percent of unspent and unencumbered funds shall be retained in the fund. The remaining portion of the funds shall revert to the General Fund at the end of the fiscal year.
(Acts 1981, No. 81-813, p. 1452, §11; Acts 1987, No. 87-596, p. 1035, §2; Act 99-589, p. 1344, §1; Act 2015-493, §2.)
Any person, firm, corporation or official acting pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any civil liability that otherwise might be incurred or imposed.
(Acts 1981, No. 81-813, p. 1452, §12.)
“The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to domestic relations, domestic violence, and law enforcement; and provided, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1981, No. 81-813, p. 1452, §14; Act 2015-493, §2.)
The Alabama Coalition Against Domestic Violence, Incorporated, shall assist the Director of the Department of Economic and Community Affairs to establish standards for domestic violence centers for membership in the coalition. Standards shall include minimum standards for the safe and effective provision of services to victims of domestic violence and their children.
(Acts 1997, No. 97-411, p. 676, §1; Act 2015-493, §2.)
(a) The following minimum standards for domestic violence centers shall be used by the Department of Economic and Community Affairs to determine membership in the coalition or other qualified entity and eligibility for receiving funds administered by the Department of Economic and Community Affairs. Any domestic violence center seeking membership shall meet the following qualifications:
(1) Be a 501(c)(3) nonprofit corporation created for the purpose of operating a domestic violence center; provided, however, it may be affiliated with a larger private organization, but must be a distinct entity with its own corporate structure and budget. All funding and budget issues pertaining to the operation of the domestic violence program shall be reported independently from other activities to the coalition or other qualified entity.
(2) Have as its primary mission the provision of services to victims of domestic violence, as defined in Section 30-5-2.
(3) Provide emergency shelter, counseling services, case management and advocacy, referral, and 24-hour hotline telephone services for domestic violence victims.
(4) Operate its principal place of business or service activity in the state.
(5) Agree to, accept, adopt, and implement the prevailing domestic violence center standards adopted by the department.
(6) Be governed by a board of directors which reflects the community it serves.
(7) Affirm in writing its commitment to the specific and primary purpose of the Alabama Coalition Against Domestic Violence or other qualified entity as stated in membership affiliate agreements.
(b) In the event the Alabama Coalition Against Domestic Violence ceases operations or is otherwise ineligible to receive federal funds for domestic violence programs in this state, the director may designate another qualified entity to fulfill its duties.
(Acts 1997, No. 97-411, p. 676, §2; Act 2015-493, §2.)
Any domestic violence center within the state that meets the standards established by this chapter and is certified by the Department of Economic and Community Affairs as a full member in the coalition or other qualified entity shall be eligible to receive funds that are appropriated from the Domestic Violence Trust Fund or any other state funds to the coalition or other qualified entity.
(Acts 1997, No. 97-411, p. 676, §3; Act 2015-493, §2.)
(a) Any domestic violence center within the state that desires to become certified by the director may request certification. Upon approval and certification by the Director of the Department of Economic and Community Affairs, a domestic violence center may receive funding appropriated by the Legislature specifically to the Department of Economic and Community Affairs.
(b)(1) The department may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend on an annual basis more than eight percent of the total available funds from the Domestic Violence Trust Fund, or the actual cost of administration, whichever is less.
(2) State funds received by the Alabama Coalition Against Domestic Violence from appropriations by the Legislature may be used for administrative expenses. Administrative expenses paid from state funds shall not exceed eight percent or twenty-five thousand dollars ($25,000), whichever is less, of the total appropriation received on an annual basis.
(Acts 1997, No. 97-411, p. 676, §4; Act 2015-493, §2.)
The Department of Economic and Community Affairs shall be responsible for allocating state appropriated funds to existing and new domestic violence centers that have been certified pursuant to this chapter.
(Acts 1997, No. 97-411, p. 676, §5; Act 2015-493, §2.)
(a) The director, in consultation with the Alabama Coalition Against Domestic Violence, Incorporated or other qualified entity, as provided in subsection (b) of Section 30-7-2, the Alabama Network of Family Resource Centers, and the Alabama Department of Mental Health, shall establish the content of batterers’ intervention programs in order to direct services to those persons who are adjudged to have committed an act of domestic violence, as defined in Section 30-5-2, those against whom an injunction for protection against domestic violence is entered, those referred by the court, and those who volunteer to attend such programs.
(b) The facilitators, supervisors, and trainees of the program shall be certified to provide these programs through initial certification by the Department of Economic and Community Affairs, and the programs and personnel shall be annually recertified by the department to ensure that they meet specified standards.
(c) The programs shall be funded through reasonable fees collected from the batterers who attend the programs, except the programs may be funded, in whole or in part, from any local, state, or federal program that provides funding for batterers’ intervention programs. Fees may be waived if a participant has an income level at or below 125 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services.
(d) The court making referrals may not refer victims or their family or household members to batterers’ intervention programs. The court shall only order an adjudicated perpetrator of domestic violence to batterers’ intervention programs.
(Acts 1997, No. 97-411, p. 676, §6; Act 2015-493, §2.)
To become eligible for membership in the Alabama Network of Family Resource Centers, a family resource center located within the state shall provide evidence of achieving all of the following standards:
(1) Being in operation and delivering services to families for at least 15 consecutive calendar months.
(2) Having services consistent with the charter and values statement of the network, consisting of a variety of community-based, nonsectarian, and nondiscriminatory services that are available to all sectors of the community and have very limited eligibility requirements for participation. The services shall target prevention-based comprehensive services that strengthen and encourage greater self-sufficiency of family units. Services shall include, but are not limited to, case management at the intake and assessment stages, parenting education, emergency services, and early intervention services.
(3) Having formal written family files for each family involved in case management. Each comprehensive file shall contain written releases of information and signed case notes and shall identify family strengths and goals with an evaluation of those goals by the family.
(4) Being located at a site that is accessible, safe, welcoming, family-friendly, and adequate to accomplish the mission of the network.
(5) Having adequate staff and other resources to accomplish the mission of the network.
(6) Having qualified staff on site who possess the minimum necessary credentials for their respective positions. Job descriptions for each staff position shall be in writing and shall state the minimum requirements for each position. Personnel files shall contain documentation regarding the ability of the person to perform his or her job, annual performance reviews, and written clearance from the State Department of Human Resources pertaining to the Child Abuse and Neglect Central Registry, Criminal History, and County Records Check.
(7) Having professional liability insurance coverage for all staff.
(8) Having written evidence of appropriate automobile insurance if the center offers transportation to consumers.
(9) Having opportunities for the professional development of staff members.
(10) Having opportunities for staff to provide input regarding center practices.
(11) Having a clearly defined mission statement consistent with the mission of the network.
(12) Following acceptable accounting practices and having a complete, written, independent accounting audit for each year of operation, including the most recent past fiscal year. When required, the site shall have a single audit performed. The audit shall not indicate any significant discrepancies or questions regarding fiscal capacity.
(13) Showing fiscal capacity by attaining at least twenty thousand dollars ($20,000) during the previous 12 months, over and above federal family preservation and support services grant dollars, dedicated to the operation of the services of the center.
(14) Having a written annual budget for each fiscal year of operation, including the current fiscal year.
(15) Being a tax exempt organization pursuant to 26 U.S.C. §501(c)3, or being a legitimate program division of such a tax exempt organization.
(16) Having an on-site peer review process which has been utilized within the previous 24 months. The results of the most recent peer review shall not indicate any significant concerns in regard to confidentiality, record keeping, or service delivery that suggest failure by the site to conform to the standards of the mission of the network.
(17) Having written evidence of the collection and assessment of service data including, but not limited to, the number of families served by service category, the demographics of each family served in case management, and goal rating completed by each family.
(18) Having written year-end program evaluation reports for each year of operation that summarize services in relation to the mission statement and objective of the site.
(19) Having consumer satisfaction surveys conducted twice per year and maintaining written evidence of consumer responses to those surveys.
(20) Having a decision making and project planning process pertaining to services offered at the site that permits consumer access and input. The process may include evaluation forms, a consumer advisory council, planning committees, suggestion boxes, consumer attendance at training sessions, and consumer membership on boards.
(21) Having an official board of directors or advisory council, or both, that have convened at least twice during the previous 12 months.
(22) Having demonstrated networking capacity by involving at least five community agencies in the ongoing operations of the site during the previous 12 months.
(Act 2000-776, p. 1794, §1.)
Any family resource center within the state that meets the standards established in Section 30-8-1 and is certified by the Alabama Network of Family Resource Centers as a member of the network may receive a portion of the funds appropriated from the state to the network. The network shall adopt rules governing the allocation and distribution of federal and state funds to the family resource centers. A notice of the substance of any proposed rule shall be published in the Alabama Administrative Monthly not less than 35 days prior to consideration of the rules at any meeting of the network.
(Act 2000-776, p. 1794, §2; Act 2010-752, p. 1904, §1.)
Any new family resource center within the state that desires to become certified by the network may request and receive initial funding if approved by the network board of directors. Any center that fails to meet the standards established in Section 30-8-1 for a period of one year or longer shall not be eligible to receive state funding pursuant to this chapter.
(Act 2000-776, p. 1794, §3.)
The network board of directors may allocate state appropriated funds to any existing or new family resource center which meets the standards established in Section 30-8-1. The Examiners of Public Accounts shall audit any entity receiving state funds through this entity.
(Act 2000-776, p. 1794, §4.)
As used in this chapter the term domestic violence fatality review team means an organization that includes, but is not limited to, representatives from the following agencies or organizations:
(1) Law enforcement agencies.
(2) The Alabama State Law Enforcement Agency, the Attorney General, and the President of the Alabama District Attorney’s Association, for state level teams or the district attorney of each judicial circuit for local or regional teams.
(3) The Alabama Department of Forensic Sciences.
(4) Certified domestic violence centers.
(5) Child protection service providers.
(6) The Administrative Office of Courts.
(7) The municipal and circuit clerks of the court.
(8) Victim service programs.
(9) Providers of civil legal assistance to victims.
(10) Child death review teams.
(11) Members of the business community.
(12) County probation or corrections agencies.
(13) Any other persons who have knowledge regarding domestic violence fatalities, nonlethal incidents of domestic violence, or suicide, including research, policy, law, and other matters connected with fatal incidents.
(14) The humane societies or shelters.
(15) Certified perpetrator intervention programs.
(16) The Alabama Coalition Against Domestic Violence.
(17) The coroner or county medical examiner.
(18) The Department of Human Resources.
(19) The Alabama Department of Child Abuse and Neglect Prevention or its designee.
(20) Other representatives as determined by the review team.
(Act 2009-656, p. 2017, §1; Act 2015-493, §2.)
(a) A statewide domestic violence fatality review team shall be established to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides. Additional teams at the local and regional levels may be established as well in conjunction with local law enforcement agencies, the local domestic violence center, and local judicial officers including the court, prosecutor, and public defender. Teams established at the local and regional levels shall be chaired by the district attorney of that particular jurisdiction. The membership of a domestic violence fatality review team shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The review may include an examination of events leading up to the domestic violence incident, available community resources, current laws and policies, and actions taken by organizations, agencies, and individuals incident to the events and the parties. Any information or action deemed relevant by the review team, including an assessment of public records and records for which public records exemptions are granted may also be included within the purview of the review.
(b) Domestic violence fatality review teams shall be established for the purpose of learning how to prevent domestic violence through early intervention and improving the quality of the response by individuals and institutions to domestic violence. The specific structure and operating procedures employed by a review team shall be determined at the local level. The review team may determine the number and type of incidents it wishes to review and shall make policy and other recommendations on how the community may more effectively respond to the needs of domestic violence victims.
(c) Any member of a domestic violence fatality review team or any person acting as a witness to or investigator for a domestic violence fatality review team, in addition to any immunity provided otherwise in state law, is not liable to any person for damages as a result of any action taken within the scope of the functions of that review team if such action was taken without malice, wantonness, or in a reasonable belief that such action or recommendation is warranted by the facts made known to him or her.
(d) The statewide domestic violence fatality review team is assigned to the Alabama State Law Enforcement Agency for administrative purposes.
(e) Information, testimony, records, reports, recommendations, or other evidence obtained, generated, or transmitted by a domestic violence fatality review team shall not be subject to discovery, subpoena, or introduction into evidence in any civil action, or in any administrative or disciplinary proceeding by any department or employing agency if the information or records arose out of matters that are the subject of evaluation and review by the review team. However, information, documents, and records otherwise independently discovered and available from other sources shall not be exempt from discovery, subpoena, or introduction into evidence solely because the information, documents, or records were presented to or reviewed by a review team.
(f) A person who attends or participates in a meeting of a domestic violence fatality review team may not testify in any civil or criminal action or administrative or disciplinary proceedings concerning any records or information produced or presented to the review team or the proceedings or deliberations of the review team authorized by this section. This subsection does not preclude or exempt any person who testifies before a review team or who is a member of a review team from testifying to matters otherwise within his or her knowledge.
(g) Any information or records otherwise confidential or privileged or exempt from disclosure under Section 36-12-40 or under another provision of Alabama law which are obtained by or provided to a review team conducting activities as described pursuant to this chapter shall remain confidential or privileged or exempt from disclosure as otherwise provided by law. Any portion of a report produced by the review team that contains information that is otherwise confidential or privileged in accordance with Alabama law shall remain confidential or privileged as otherwise provided by law.
(Act 2009-656, p. 2017, §2; Act 2015-493, §2.)
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