Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Alabama State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State-administered, County-Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? Offices in 67 counties. A3. With what types of agencies do you have cooperative agreements? District attorneys, private attorneys (not under cooperative agreement), and staff attorneys (depending on county). A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes. A4.1. If yes, what is the statutory citation? Alabama Code 38-10-7.1 For Additional Information - http://www.ask.com/bar?q=code+of+alabama+ 38-10-7.1&page=1&qsrc=0&ab=4&u=http%3A%2F%2 Fwww.legislature.state.al.us%2Fcodeofalabama%2F1975%2F38 A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain. B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 1/1/1998 B2. What is the effective date of your State's UIFSA? 1/1/1998 B3. What is the statutory citation for your State's Act? Section 30-3A-101 through -906 Codes of Alabama 1975. For Additional Information - http://law.onecle.com/alabama/marital-and-domestic -relations/chapter3a.html B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Czech Republic, Ireland, Slovak Republic, Netherlands, Norway, Poland, Portugal, Switzerland and the Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, the Northwest Territories, and Nunavut. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. D. Age of Majority D1. What is the age of majority in your State? 19 D2. What is the statutory citation for the age of majority? Section 26-1-1, Code of Alabama 1975. For Additional Information - http://www.ask.com/bar?q=code+of+alabama+title+ 26+1-1&page=1&qsrc=2106&ab=1&u=http%3A%2F% 2Fwww.legislature.state.al.us%2FCodeofAlabama%2F1975 %2F26-1-1.htm D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 19 years of age, unless child is emancipated prior to that time. D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 19 years of age, unless child is emancipated prior to that time. D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain. D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. N/A D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Alabama law allows post-minority support to be paid in the case of handicapped children and for college expenses. The Title IV-D Agency does not assist in collecting post-minority support. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? 20 years from the date the child support payment was due E2. What is your State's statute of limitations for paternity establishment? 19 for purposes of child support. None for non-child support related paternity actions. § 26-17-606. (Effective January 1, 2009, not yet updated on websites) No limitation to adjudicate parentage for a child having no presumed, acknowledged, or adjudicated father; limitation for child support. (a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after: (1) the child becomes an adult, but only if the child initiates the proceeding; or (2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. (b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law. For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. N/A F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 12% per annum is the statutory rate. F2.1. If yes, please indicate the amount of interest charged and any related conditions. Interest rate of 12% per annum is set by statue and charged on the unpaid principle at the end of each month. F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged in the amount of 12% per year at the end of each month on the unpaid retroactive judgment. F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged in the amount of 12% per year at the end of each month on the unpaid retroactive judgment. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? The unreimbursed, uninsured portion must be presented to the court and a judgment obtained before it can be enforced. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? Application fee, annual $25 collection fee, fee for Income Tax and Administrative offsets. F6.2. What costs are recovered from/fees charged to the obligor? Fee is charged to the obligee if they are the applicant for services F7. Does your State recover costs on behalf of the initiating State? No F7.1. Optional comments regarding recovering of initiating State's fees. N/A F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Rule 4.2B of the Alabama Rules of Civil Procedure and Code of Alabama Section 30-3A-201. For Additional Information - http://www.ask.com/bar?q=code+of+alabama+section+30- 3a-201&page=1&qsrc=2106&ab=8&u=http%3A%2F% 2Fwww.legislature.state.al.us%2FCodeofAlabama%2F1975%2F30-3A-201.htm F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? The State enforces spousal support only in conjunction with a child support order. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. N/A F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? The fee is automatically intercepted by the State from child support collections once $500 has been distributed each fiscal year. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes, policy implemented 10/1/2008 F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes, policy implemented 10/1/2008 F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? This method was used for FY 07 and FY 08 only. F11.3. Does your State collect the fee from the absent parent? During FY 07 & FY 08, fees were collected from the absent parent only if he/she was the case applicant. F11.4. Does your State pay the fee out of its own funds? No F12. When will your State implement the required DRA limited-assignment provision? 10/01/09 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? The State will follow PRWORA distribution rules ordering rules in Former Assistance Cases. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Requries a Judicial redirection of payments. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Requires a Judicial redirection of payments. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? Requires a Judicial redirection of payments. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? The fee is deducted from child support disbursements made to the custodial parent. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? IWO - Income Withholding Order. G2. What specific source of income is not subject to withholding? Under Alabama law, the only source of income that is exempt from Income Withholding is a teacher's retirement. For Additional Information - http://law.onecle.com/alabama/education/16-25-23.html G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? The maximum amount that can be deducted from an NCP's disposable income for child support is: (a) 50% percent if the NCP supports a second family and is behind 12 weeks or less in his/her child support obligation; (b)55% percent if the NCP supports a second family and is more than 12 weeks behind in his/her child support obligation; (c) 60% percent if the NCP does not support a second family and is behind 12 weeks or less in his/her child support obligation; or (d) 65% percent if the NCP does not support a second family and is more than 12 weeks behind in his/her child support obligation. G4. What is the allowable fee per pay period for processing income withholding payments? $2.00 For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Within 7 working days of the date the NCP is paid. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 7 working days of the date the NCP is paid. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Contempt Action. G8. What is the penalty to an employer for failure to remit payments withheld? Penalty is set by the court. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. You may send direct income withholdings through our IV-D agency for review and then our IV-D agency will forward the paperwork to the Alabama Department of Industrial Relations. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Income Withholding for "periodic payments." Lump sum payments are subject to the lien and levy process. G11. How does an obligor contest income withholding in your State? Court action G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). The State IV-D agency allocates all payments, regardless of whether there is an IWO in place. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Employers notify the State IV-D agency if the obligor does not earn sufficient wages to withhold all current support. The IV-D agency policy is to refer the case back to the courts for judicial determination. For Additional Information - No Link Provided G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No G14. When does your state require the employer to send notice of an employee's termination? The employer is informed on the standard IWO document to notify promptly of termination of employment/income. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? No requirement G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Direct income withholding orders can be sent to employers and Worker's Compensation. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. No prioritization For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 97% For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. Rebuttable Presumption-Paternity Acknowledgements are not a conclusive presumption but a rebuttable presumption. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 1/1/2009 H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. N/A H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? By clear and convincing evidence. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. Signature on affidavit of paternity creates a legal finding of paternity; otherwise, court action is necessary to establish paternity For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. & Attempted marriage before, during or 300 days following the child's birth; if after child's birth marriage or attempted marriage when father has either acknowledged paternity in writing and filed document with appropriate court or Bureau of Vital Statistics; with his consent he is named as father on child's birth certificate; been obligated to support child via a written voluntary promise or court order; received child into his home or openly holds the child as his natural child; or acknowledged his paternity of the child in a writing filed in accordance with provisions of the legitimization statute; signed affidavit of paternity. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes   H8.1. If yes, what is the name of that entity? Putative Father Registry H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None. H10. Is common law marriage recognized in your State? Yes H10.1. If yes, briefly describe the standard that defines common law marriage. Must be an actual and mutual agreement to enter into matrimonial relationship; must be permanent and exclusive of all others; must be followed by public recognition of existence of common law marriage or alternatively, consummate marriage by cohabitation as husband and wife or, by mutually assuming openly marital duties and obligations; parties must have capacity to marry. Common law marriage is not statutory but recognized in case law which goes back to the 19th century. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? 01/1975   H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? Common law marriage is not statutory but recognized in case law, which goes back to the 19th century. H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Method of testimony is determined by the court. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Rules 4 through 4.4 of the Alabama Rules of Civil Procedure. For Additional Information - http://www.serve-em.com/alabama.html H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. As requested H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Acknowledgement of Paternity- The father's name on the birth certificate does not, in and of itself, create a presumption of paternity. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents can be sent with a paternity affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? Administrative is not used. I1.2. Under what circumstances would the judicial process be used? In every case. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. There is no administrative method to establish support. For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The custodial parent's income. For Additional Information - http://www.alacourt.gov/pdfppt/rule32.pdf I3. What criteria for rebutting your presumptive guidelines have been established in your State? A written finding on the record based on evidence that the application of the guidelines would be unjust or inappropriate, agreement establishing a different amount and stating the reasons therefore, reviewed and approved by the court. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? If it is a paternity action, two years prior to filing of paternity action or back to the birth of the child if the child is less than two years old when action is commenced. If the legal duty to support already exists but there has not been a support order, back to the date the duty to support commenced. I4.2. What information or documentation does your State require to proceed? Income information for guidelines. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Addressed in I4.1 above. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Administrative process for paternity establishment(paternity acknowledgement) and for collection. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? Alabama Code 26-17-22, 30-3-171 through 179, 30-3-191 through 194, 30-3-197 through 198. For Additional Information - http://www.legislature.state.al.us/codeofalabama/1975/coatoc.htm I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? Yes I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Modification J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative. J2. Is the lien process in your State judicial, administrative or both? Administrative and judicial. J2.1. What are the trigger criteria for filing a lien? $1,500 arrearage, income withholding not possible, or NCP has or is likely to acquire property. For Additional Information - No Link Provided J2.2. Where are your State liens filed? Administrative: County, Judge of Probate's Office-where real property is located County, Secretary of State-personal property. In records where Uniform Commercial Code financing statements are filed Judicial: County, Judge Probate's Office-where property located. J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. Varies J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? Delinquent J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No   J4.3.1 If yes, who notifies the NCP, the State or financial institution? J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? Three-months delinquency. No accounts exempted. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $1,000 minimum delinquency. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Yes. J5.3. 1. If yes, please provide the time frame. 21 days J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. Yes. $500.00 J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? The State J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 15 days for administrative review For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? Obligor can request an administrative hearing within 30 days after the administrative review is completed. Obligor can request a judicial review within 30 days after the administrative order is issued. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Error in the amount of past due support, mistaken identity, account does not belong to the obligor. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Administrative J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 15 days from receipt of notice. No unique requirements. Recourse for non-debtor to be determined. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized. In process of being automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? No J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. A court order would have to compel the financial institution to liquidate. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 21 days For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes   J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative and judicial. J7. Please describe any other administrative enforcement procedures your State may have. Passport denial J8. Please describe any other judicial enforcement procedures your State may have. Contempt J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Alabama Procedures Code Rules 660-3-17-.01 through 660-3-17-.07 For Additional Information - http://alabamaadministrativecode.state.al.us./docs/hres/index.html J10. Which of our State's enforcement remedies are available without registration? None. J11. Describe your State's registration and enforcement procedures. Same as required by UIFSA model legislation. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. Judicial process is not required if administrative procedures of enforcement are available. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Section 6-9-230 through 6-9-238 Code of Alabama 1975. For Additional Information - http://www.legislature.state.al.us/codeofalabama/1975/coatoc.htm J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). We require: 1.Transmittal 1 with "FIDM ONLY, close case after collection" indicated as the service selection. 2. Certified copy of the order. 3. Certified pay record or APDS. We do not require a registration statement if we are being asked to do Freeze and Seize only. The information on the Transmittal 1 is needed for setup purposes. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? Equifax, Experian, TransUnion, Innovis J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? This is an automated process through our system. J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Both J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? The criteria for submission is as follows: Arrears >$1000 No good cause claim on the case Address has been verified NCP must have received a bill Have a qualifying case Be a IV-D case K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Three years. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? At the request of either party when the order has not been judicially reviewed or modified within three years, unless undue hardship would result from inaction, and one of the parties alleges a substantial change in circumstances; medical support has not been ordered. TANF reviews are every three years. K3. Briefly describe your State's modification procedure. Petitions filed by agency upon request of either the client or an agency determination that action is appropriate following review of order. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? At least 10% change from current order. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? N/A K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? K7. How does your State credit SSA disability to current and past due support? Benefits in excess of the child support obligation paid to a child when the NCP is disabled are in lieu of child support and satisfies the child support obligation for the time period that the payments represent. However, if the SSA payments are greater than the child support payments would have been for the same period, the excess may not be applied against an arrearage that accrued prior to the time of disability. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No   K8.1. If yes, please explain the situation? No administrative abatement. Court action is required to abate or suspend child support. K8.2. What is the statutory citation for your abatement law? There is no statutory abatement of child support. For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Birth certificate (if order is being modified to add a child), all court orders, and payment records. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Department of Public Health Center for Health Statistics 201 Monroe Street RSA Tower Montgomery, Alabama 36130 (334) 206-5426 K9. What information is required to register an out-of-State order for enforcement/modification? Transmittal #1 Uniform Support Petition General Testimony Registration Statement Certified copy of orders L. Lump Sum Payments L1. Does your State define a lump sum payment? No   L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? n-a L1.2 Provide the statutory citation. n-a For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. n-a For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? n-a L4. How are employers instructed to report a pending lump sum? n-a L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. n-a L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? n-a L7. Does your State use the income withholding order to attach the lump sum payment? No   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? n-a L8. Does your State use the lien/levy process to attach the lump sum payment? Yes   L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? General Notice of Levy L9. What other documents does your State use to attach lump sum payments? Notice of Lien is registered with Alabama Secretary of State L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No   L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No   L11.1 If yes, would the employer only withhold for that period's obligation? N/A M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation None For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Arrears balance equal to at least 3 months current support and greater than $1000.00. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. None M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). None M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. No. It provides that "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. Code of Alabama 1975 30-3-192(f) Note: Alabama law defines insurance companies as financial institutions in 30-3-191. For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? Yes M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes M3.1. Please provide the statutory citation. Code of Alabama 1975 30-3-192 For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Notice of Lien Notice of Levy M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The IVD agency is required to notify the NCP. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. 30-3-197 (b) For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. The NCP has 15 days from the date of notice to appeal. For Additional Information - http://law.onecle.com/alabama/marital-and- domestic-relations/30-3-198.html M6. Are there attorney fees associated with the insurance intercept activity? No M7. How does another State initiate and intercept collections from your State Workers Compensation agency? They would have to intercept collections from the individual Workers Compensation insurers. Alabamas WC agency records claims filed and benefits paid but it does not pay benefits. M7.1. What is the process, the points of contact, and what forms must be completed? UIFSA transmittal 1 for limited service, copies of support order and pay record. Send to Alabama Central Registry, Attn: Lien Unit. Dedicated To Enforcing Your Support Order.
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