Child & Spousal Support Enforcement - It's All We Do!

If We Don't Collect, You Don't Pay!!

Follow Us

Facebook LinkedIn Google +

Alabama State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
Offices in 67 counties.
2. What is the name of your IV-D agency?
Department of Human Resources Child Support Enforcement Division
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Judicial
4. Does your state use the following applications: EDE, CSENET, QUICK?
CSENET and QUICK

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Age of majority. Age of majority is 19. Code of Alabama 1975,26-1-1
For Additional Information - No Link Provided
2. 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 that time
For Additional Information - No Link Provided
3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No
For Additional Information - No Link Provided
4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, Alabama law allows post-minority support to be paid in the case of handicapped children and for college expenses. As of October 4, 2013, Alabama case law does not allow post-minority support to be established for college expenses. However, existing orders established prior October 4, 2013, may be enforced under Alabama law. The title IV-D Agency does not assist in collecting or enforcing post-minority support.
For Additional Information - No Link Provided
5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
When a child marries or there are allegations that the child is self-supporting, a modification of the order may be filed. It is up to the court to determine if child support is terminated.
For Additional Information - No Link Provided
6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No, a modification of the order may be filed if there is an allegation that the child is self-supporting.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
20 years from the date the child support payment was due.
For Additional Information - No Link Provided
2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
19 for purposes of child support No limitation to adjudicate parentage for a child having no presumed, acknowledged, or adjudicated father; even after the child becomes an adult, but only if the child initiates the proceeding
For Additional Information - No Link Provided
3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No
For Additional Information - No Link Provided

4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Share Model
For Additional Information - No Link Provided
2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged 12% interest on the unpaid principal balance at the end of each month. Code of Alabama 1975, 8-8-10
For Additional Information - No Link Provided
3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged 12% interest on the unpaid principal balance at the end of each month.
4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged 12% interest on the unpaid principal balance at the end of each month.
5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, the unreimbursed, uninsured portion must be presented to the court and a judgment obtained before it can be enforced.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Requires a Judicial redirection of payments
6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No
For Additional Information - No Link Provided
7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes
For Additional Information - No Link Provided
8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
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.
For Additional Information - No Link Provided
9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No No administrative abatement allowed. Court action is required to abate or suspend child support.
For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No
For Additional Information - No Link Provided
2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
For Additional Information - No Link Provided
3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
Code of Alabama 1975, 26-17-201 An effective acknowledgment of paternity establishes parentage unless the AOP has been rescinded or successfully challenged.
For Additional Information - No Link Provided
4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes By clear and convincing evidence
For Additional Information - No Link Provided
5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No, the signature on the acknowledgment of paternity and proper filing with the Alabama Center for Health Statistics creates a legal finding of paternity; otherwise, court action is necessary to establish paternity.
For Additional Information - No Link Provided
6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
Yes. A man is presumed to be the father of a child if: 1.He and the mother of the child are married to each other and the child is born during the marriage; 2.He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce; 3.Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; 4.After the child's birth, he and the child's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and; a)He has acknowledged his paternity of the child in writing, such writing being filed with the appropriate court or the Alabama Center for Health Statistics; or b)With his consent, he is named as the child's father on the child's birth certificate; or c)He is otherwise obligated to support the child either under a written voluntary promise or by court order; 5.While the child is under the age of majority, he receives the child into the home and openly holds out the child as his natural child or otherwise openly holds out the child as his natural child and establishes a significant parental relationship with the child by providing emotional and financial support for the child; or 6.He legitimated the child in accordance with State law.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Putative Father Registry
For Additional Information - No Link Provided
8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
None
For Additional Information - No Link Provided
9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes
For Additional Information - No Link Provided
9.1. Describe any circumstances under which these fees may be waived?
None
For Additional Information - No Link Provided
10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Yes 1.No common law marriage may be entered into after January 1, 2017. 2.Before January 1, 2017, spouses could prove the existence of a common law marriage by proving certain elements.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
Before January 1, 2017, spouses could prove the existence of a common law marriage by showing all of the following: 1.The capacity to marry; 2.A present agreement or mutual consent to enter into the marriage relationship; 3.Public recognition of the existence of a marriage; and 4.Cohabitation or mutual assumption openly of marital duties and obligations. (Gray v Bush, 835 So. 2d 192, 194 (Ala. Civ. App. 2001).
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One packet can be sent with a Declaration in Support of Establishing Parentage form for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
Administrative is not used.
For Additional Information - No Link Provided
1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
In every case
For Additional Information - No Link Provided
2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The parent's income
For Additional Information - No Link Provided
2.1. What documentation is required as proof/evidence of this information?
Documentation includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return or with other documentation as the court directs.
3. 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, application of the guidelines would be unjust or inequitable.
For Additional Information - No Link Provided
4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, 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.
For Additional Information - No Link Provided
4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Income information for guidelines
For Additional Information - No Link Provided
4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
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.
For Additional Information - No Link Provided
5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No
For Additional Information - No Link Provided
5.1. What about when public assistance is not being expended?
No
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
Modification
For Additional Information - No Link Provided
7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
If the existing court order expressly granted custody to one party, the new custodian would need to obtain legal custody. Some jurisdictions may process TANF cases.
For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income 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 - No Link Provided
2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes Alabama Department of Human Resources Administrative Code, Chapter 660-3-16-.04 and Code of Alabama 1975, 30-3-60 through 71
For Additional Information - No Link Provided
2.1. Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?
No
For Additional Information - No Link Provided
2.2. What are the withholding limits for non-employees?
CCPA limits
For Additional Information - No Link Provided
3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$2.00 per month
For Additional Information - No Link Provided
4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
No
For Additional Information - No Link Provided
5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
The employer has 14 days to answer after service whether or not they will be able to withhold. Withholding commences on the first pay period following the 14-day answer period. Once money is withheld, it must be remitted within 7 working days.
For Additional Information - No Link Provided
5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
Withholding commences on the first pay period following the 14-day answer period.
For Additional Information - No Link Provided
6. When must an employer remit amounts withheld from an employee's pay?
Within 7 working days of the date the NCP is paid
For Additional Information - No Link Provided
7. What are your state's sanctions for employers for not implementing income withholding?
Contempt action
For Additional Information - No Link Provided
7.1. What are the penalties to an employer for failure to remit payments withheld?
Penalty is set by the court.
For Additional Information - No Link Provided
8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No
For Additional Information - No Link Provided
8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
Other jurisdictions 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 Labor.
For Additional Information - No Link Provided
9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
No
For Additional Information - No Link Provided
9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
Lien and Levy
10. How does a noncustodial parent contest an income withholding in your state?
If sent judicially, request a court hearing. If it was sent administratively, request an administrative review by the IV-D agency.
For Additional Information - No Link Provided
11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Prorated
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
None
For Additional Information - No Link Provided
13. When does your state require the employer to send notice of an employee's termination?
Required to notify promptly of termination of employment/income
For Additional Information - No Link Provided
14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Current support is paid first. In general, payments in excess of current support are allocated on a pro rata share based on any amount ordered to be paid toward arrears and the arrears balances.
For Additional Information - No Link Provided

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
The State will follow PRWORA distribution rules in Former Assistance Cases.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Distribution is based on a pro rata share of support collected to each state owed support.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Distribution is based on a pro rata share of support collected to each state owed support.
For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
MSFIDM, FIDM, and withholding from state Unemployment Compensation Benefits
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
The only criteria that must be met for withholding from Unemployment Compensation Benefits is that the obligor must actually be receiving the benefits. A UIFSA Trans 1, a copy of the court order, and documentation of arrearages is needed for case setup.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
The NCP's total arrears, fees, and interest (from all of the NCP's cases) is an amount equal to or greater than $1000.
For Additional Information - No Link Provided
4. To which credit bureaus does your state report a noncustodial parent's child support information?
Equifax, Experian, TransUnion, Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
No
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes $150 for TANF or IV-E Foster Care cases or $500 for Non-TANF and Medicaid Only cases
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes $500
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
No
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
Yes
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Both
15. Are there specific account types exempt from the administrative, financial institution attachment process in your state? If yes, which account types are exempt?
No
For Additional Information - No Link Provided
16. Is the financial institution attachment process in your state centralized and/or automated?
Centralized and automated
17. What are the criteria to attach an account in a financial institution in your state?
1.The NCP's total arrearages from all cases, including interest, must be at least $1,000.00. 2.The NCP's total arrearages from all cases, including interest, must be equal to at least three months current support obligation due under each case. 3.The balance of the NCP's financial account(s) must be at least $5,000.00 as of the date of the financial institution data match. 4.The NCP is not in bankruptcy. 5.A valid Notice of Lien must be filed with the Secretary of State. 6.NCP is not a SSI recipient.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No
For Additional Information - No Link Provided
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) 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 records. 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 case setup purposes.
20. Does your state's income withholding definition include amounts in financial institutions?
No
For Additional Information - No Link Provided
21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes, a notice of lien and notice of levy is sent to the NCP. The state notifies the NCP.
For Additional Information - No Link Provided
22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
21 days
For Additional Information - No Link Provided
23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes Until the challenge or appeal is resolved or has a final disposition Alabama Department of Human Resources Administrative Code, Chapter 660-3-17-.07
For Additional Information - No Link Provided
24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
Amounts greater than $4500
For Additional Information - No Link Provided
25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
1. Mistake of fact. 2. The child support debt is paid in full. 3. (S)He is receiving SSI or SSI money is in the financial account(s). 4. (S)He does not meet the qualifications for lien/levy. 5. (S)He is involved in bankruptcy proceedings. 6. (S)He is strictly on the account for fiduciary purposes, for example the management of the funds of an elderly parent or minor child. 7. The financial account contains SSI money received by another joint account holder or individual who is a SSI recipient. 8. (S)He or another joint account holder or individual is a former SSI recipient and SSI funds were deposited into the financial account. 9. The financial account is classified as a business account. 10. The financial account is a joint account and the funds do not belong to him/her.
For Additional Information - No Link Provided
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No
For Additional Information - No Link Provided
27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the noncustodial parent has received two license suspensions within the previous 12 months.
For Additional Information - No Link Provided
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
Pay arrearage in full or enter into an approved payment plan
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the noncustodial parent has received two license suspensions within the previous 12 months. Any license which grants a person a right or privilege to engage in a professional activity.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
Pay arrearage in full or enter into an approved payment plan
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the noncustodial parent has received two license suspensions within the previous 12 months. Any license which grants a person a right or privilege to engage in a recreational activity.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
Pay arrearage in full or enter into an approved payment plan.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No
For Additional Information - No Link Provided
36. What are the criteria for initiating/filing a lien in your state?
1. $1000 minimum delinquency. 2. Arrears and interest must be equal to at least three months current support under each case. 3. The balance of the financial account must be at least $5,000. 4. The NCP is not in bankruptcy. 5. A valid Notice of Lien must be filed with the Secretary of State. 6. The NCP is not a SSI recipient.
For Additional Information - No Link Provided
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Both Liens against real property shall be filed in the office of the Judge of Probate where the real property is located. Liens against personal property, other than property subject to 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.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes Both A writ of execution is the formal process issued by the court commanding the officer, usually the sheriff, to take the property of the NCP in satisfaction of the debt.
For Additional Information - No Link Provided
39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes Administrative
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
No
40.1. If yes, is this enforcement judicial, administrative, or both?
N/A
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Passport Denial
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Contempt

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Three Years
For Additional Information - No Link Provided
2. What is your state's modification procedure? Briefly describe.
Upon request of either the CP, NCP or the other state, the IV-D agency will determine the action that is appropriate following a review of the order. If a modification is appropriate, the case will be filed with the court.
For Additional Information - No Link Provided
3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
At least a 10% change upward or downward from the current order.
For Additional Information - No Link Provided
4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided
4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
For Additional Information - No Link Provided
4.4. The cost of living has changed.
No
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
4.6. There has been a substantial change in childcare expenses.
Yes
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
N/A
For Additional Information - No Link Provided
5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes, reviews are mandated on all cases after learning the NCP will be incarcerated for more than 180 calendar days.
For Additional Information - No Link Provided

11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
N/A
For Additional Information - No Link Provided
2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No
For Additional Information - No Link Provided
3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Lien and Levy

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
N/A
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, Alabama will only enforce cost recovery if the cost is included in a court order.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
3.1. Is it retained by the state from support collected?
Yes
3.2. Is it paid by the individual applying for child support services?
No
3.3. Is it recovered from the noncustodial parent?
No
3.4. Is it paid by the state out of its state funds?
No

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No
For Additional Information - No Link Provided
2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
N/A
3. What process does your state use to intercept insurance payments?
Lien/Levy
For Additional Information - No Link Provided
4. How does another state initiate and intercept collections from your states workers compensation agency?
Due to Alabama law defining insurance companies as financial institutions, insurance match is not limited to the type of claim and the other state will need to send a request to the lien/levy unit.
For Additional Information - No Link Provided
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
No

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
Preferably and e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker. Cost is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information.
For Additional Information - No Link Provided
2. What are the procedures and associated costs for obtaining a certified payment record?
Preferably and e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker. Cost is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information.
For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Code of Alabama 1975, 30-3D-101 through -902
For Additional Information - No Link Provided
2. How does your state define the tribunal (See UIFSA 103)?
The court of this state authorized to establish, enforce, or modify a support order or to determine parentage is the tribunal of this state.
For Additional Information - No Link Provided
3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
2 copies, including one certified copy of the order to be registered and also including any modification of the order.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
N/A
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes
For Additional Information - No Link Provided
2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No
3. What methods of personal service does your state use?
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
None
For Additional Information - No Link Provided
5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
No
6. What circumstances will cause your state to end child support before the normal duration?
1. The child emancipates before the normal duration. 2. The child is no longer under the care of the custodial parent and there is no decision redirecting payments to someone else. 3. The child marries. 4. The child is adopted by someone other than the noncustodial parent. 5. The child has been removed from the family and is a civil ward of the state. 6. The child support order states that child support ceases prior to the normal duration. 7. The child enters into military service prior to the normal duration.
For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments are made by check.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority and processed upon receipt.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Yes, the funds are transferred to our bank via bank instructions.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
For Additional Information - No Link Provided
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No