Ala. Code § 30-3-112 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-112
Section 30-3-112 Filing of Action in Juvenile or Family Court Division
Status: in_force

An action for retroactive support shall be filed in the juvenile or family court division of the district or circuit court in the county in which the parent or guardian resides or in the county in which the child resides. There shall be no right to a jury trial.
Ala. Code § 30-5-7 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-7
Section 30-5-7 Ex Parte Orders or Modification of Protection Order
Status: in_force

(a) If it appears from a petition for a protection order or a petition to modify a protection order that abuse has occurred or from a petition for a modification of a protection order that a modification is warranted, the court may do any of the following:

(1) Without notice or hearing, immediately issue an ex parte protection order or modify an ex parte protection order as it deems necessary.

(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final protection order or modify a protection order after a hearing whether or not the defendant appears.

(b) A court may grant any of the following relief without notice and a hearing in an ex parte protection order or an ex parte modification of a protection order:

(1) Enjoin the defendant from threatening to commit or committing acts of abuse, as defined in this chapter, against the plaintiff or children of the plaintiff, and any other person designated by the court.

(2)a. Restrain and enjoin the defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would place the plaintiff, minors, children of the plaintiff, or any other person designated by the court in reasonable fear of bodily injury or from contacting the plaintiff or children of the plaintiff.

b. For the purposes of this subdivision, contacting includes, but is not limited to, communicating with the victim verbally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person.

(3) Restrain and enjoin the defendant from having physical or violent contact with the plaintiff or the plaintiff’s property, or from going within a minimum of 300 feet of the plaintiff’s residence, even if the residence is shared with the defendant, school, or place of employment of the plaintiff, any children, or any other person designated by the court, or order the defendant to stay away from any specified place frequented by the plaintiff, any children, or any person designated by the court where the court determines the defendant has no legitimate reason to frequent.

(4) Award temporary custody of any children of the parties.

(5) Enjoin the defendant from interfering with the plaintiff’s efforts to remove any children of the plaintiff or from removing any children from the jurisdiction of the court, and direct the appropriate law enforcement officer to accompany the plaintiff during the effort to remove any children of the plaintiff as necessary to protect the plaintiff or any children from abuse or child abuse.

(6) Enjoin the defendant from removing any children from the individual having legal custody of the children, except as subsequently authorized by a custody or visitation order issued by a court of competent jurisdiction.

(7) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.

(8) Order possession and use of an automobile and other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the parties or to other specified locations as necessary to protect the plaintiff or any children from abuse.

(9) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff or any children and any person designated by the court.

(10) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties.

(c) The court may grant any of the following relief in a final protection order or a modification of a protection order after notice and a hearing, whether or not the defendant appears:

(1) Grant the relief available in subsection (b).

(2) Specify arrangements for visitation of any children by the defendant on a basis that gives primary consideration to the safety of the plaintiff or any children, or both, and require supervision by a third party or deny visitation if necessary to protect the safety of the plaintiff or any children, or both.

(3) Order the defendant to pay attorney’s fees and court costs.

(4) When the defendant has a duty to support the plaintiff or any children living in the residence or household and the defendant is the sole owner or lessee, grant to the plaintiff possession of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff, or both, or by consent agreement allowing the defendant to provide suitable alternate housing.

(5) Order the defendant to pay temporary reasonable support for the plaintiff or any children in the plaintiff’s custody, or both, when the defendant has a legal obligation to support such persons. The amount of temporary support awarded shall be in accordance with Child Support Guidelines found in Rule 32 of the Alabama Rules of Judicial Administration.

(6) Order the defendant to provide temporary possession of a vehicle to the plaintiff, if the plaintiff has no other means of transportation of his or her own and the defendant either has control of more than one vehicle or has alternate means of transportation.

(d)(1) Any temporary ex parte order issued pursuant to this chapter shall remain in effect as provided in Section 30-5-6. While the final protection order is in effect, the court may amend its order at any time upon subsequent petition being filed by either party and a hearing held pursuant to this chapter.

(2) Any final protection order is of permanent duration unless otherwise specified or modified by a subsequent court order.

(e) No order or agreement under this chapter shall in any manner affect title to any real property, except final subsequent proceedings available by law.

(f) A temporary or final judgment on a protective order entered pursuant to this section shall indicate all of the following:

(1) That the injunction is valid and enforceable in all counties in the state.

(2) That law enforcement officers may use their arrest powers pursuant to Section 15-10-3 to enforce the terms of the injunction.

(3) That the court had jurisdiction over the parties and matter under the laws of the state and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process.
Ala. Code § 30-3-111 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-111
Section 30-3-111 Commencement of Action Prior to Child Reaching Age of Majority
Status: in_force

The action shall be commenced prior to the time the child or children reaches the age of majority.
Ala. Code § 30-3-161 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-161
Section 30-3-161 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the following meanings, unless the context requires a different definition:

(1) CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined by a prior court order, whether or not accompanied by a change of the residence of a person entitled to custody of the child, with the intent that such change shall be permanent in nature and not amounting to a temporary absence of the child from his or her principal residence.

(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this article, the term may include the singular and the plural.

(3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) COMMENCEMENT. The filing of the first pleading in a proceeding.

(5) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(6) MODIFICATION. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(7) PERSON ACTING AS A PARENT. A person, other than a parent, who has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(8) PERSON ENTITLED TO CUSTODY OR VISITATION. A person so entitled to physical custody of a child as defined by Sections 30-3-1 through 30-3-4.1, inclusive, or visitation with respect to a child by virtue of a child custody determination as defined by subdivision (3) of Section 30-3B-102.

(9) PHYSICAL CUSTODY. The physical care and supervision of a child.

(10) PRINCIPAL RESIDENCE OF A CHILD. Any of the following:

a. The residence designated by a court to be the primary residence of the child.

b. In the absence of a determination by a court, the residence at which the parents of a child whose change of principal residence is at issue have expressly agreed that the child will primarily reside.

c. In the absence of a determination by a court or an express agreement between the parents of a child whose change of principal residence is at issue, the residence, if any, at which the child lived with the child’s parents, a parent, or a person acting as a parent, for at least six consecutive months or, in the case of a child less than six months of age, the residence at which the child lived from birth with the child’s parents, a parent, or a person acting as a parent. Periods of temporary absence from such residence are counted as part of the period of residence.

(11) RELOCATE or RELOCATION. A change in the principal residence of a child for a period of 45 days or more. The term does not include a temporary absence from the primary residence, or an absence necessary to escape domestic violence.
Ala. Code § 30-3A-506 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-506
Section 30-3A-506 Contest by Obligor
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-15 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-15
Section 30-4-15 Married Women and Widows 18 Years of Age and Over Relieved of Disabilities of Minority
Status: in_force

The marriage of any woman in this state who is under 19 and over 18 years of age, or the widowhood of any woman in this state who is under 19 and over 18 years of age, or the arrival at the age of 18 years of any married woman or widow in this state, has the effect immediately to remove her or their disabilities of minority; and thereafter she has the same legal rights and abilities as married women or widows over 19 years of age.
Ala. Code § 30-3-134 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-134
Section 30-3-134 Finding of Domestic Violence Constitutes Change in Circumstances
Status: in_force

In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, a finding that domestic or family violence has occurred since the last custody determination constitutes a finding of change in circumstances.
Ala. Code § 30-3D-315 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-315
Section 30-3D-315 Nonparentage as Defense
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
Ala. Code § 30-3A-902 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-902
Section 30-3A-902 Short Title
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3B-404 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-404
Section 30-3B-404 Repeals
Status: reserved

Effective January 1, 2000, the following sections and all amendments thereto and all other sections and parts of sections of this code inconsistent herewith are repealed: The Uniform Child Custody Jurisdiction Act located at Sections 30-3-20 through 30-3-44. No actions may be filed under the repealed provisions after December 31, 1999.
Ala. Code § 30-3-23 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-23
Section 30-3-23 Jurisdiction to Make Child Custody Determination; Effect of Physical Presence of Child
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-704 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-704
Section 30-3D-704 Initiation by the Department of Human Resources of Support Proceeding Under Convention
Status: in_force

(a) In a support proceeding under this article, the Department of Human Resources shall:

(1) transmit and receive applications; and

(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(b) The following support proceedings are available to an obligee under the Convention:

(1) recognition or recognition and enforcement of a foreign support order;

(2) enforcement of a support order issued or recognized in this state;

(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) establishment of a support order if recognition of a foreign support order is refused under Section 30-3D-708(b)(2), (4), or (9);

(5) modification of a support order of a tribunal of this state; and

(6) modification of a support order of a tribunal of another state or a foreign country.

(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(2) modification of a support order of a tribunal of this state; and

(3) modification of a support order of a tribunal of another state or a foreign country.

(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Ala. Code § 30-3-169.8 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.8
Section 30-3-169.8 Award of Expenses
Status: in_force

The court may award any party necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
Ala. Code § 30-3-171 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-171
Section 30-3-171 Issuance of Notice to Withhold, Etc., License
Status: in_force

Upon application to the department for support services by an obligee alleging the existence of a delinquency or failure to comply with subpoenas or warrants relating to paternity or child support proceedings, the department may, upon an administrative determination that there is a delinquency or a failure to comply, issue a notice of intent to withhold, restrict use of, or suspend a license. The notice shall be served upon the obligor personally or by certified mail or as otherwise provided in the Alabama Rules of Civil Procedure. The notice shall state that licenses granted by licensing authorities of the State of Alabama and held by the obligor may be suspended 60 days after service unless, within that time, the obligor does one of the following as appropriate based on reason for suspension:

(1) Pays the entire support debt stated in the notice.

(2) Enters into a payment plan approved by the department or its agent.

(3) Complies with subpoenas or warrants relating to paternity or child support proceedings.

(4) Requests an administrative hearing within 15 days of receipt of the notice in order to appear and show cause why withholding, restricted use, or suspension of the license is not appropriate.
Ala. Code § 30-3A-502 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-502
Section 30-3A-502 Employer’s Compliance with Income-Withholding Order of Another State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-165 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-165
Section 30-3-165 Notice
Status: in_force

(a) When a notice is required by either Section 30-3-163 or Section 30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal residence of a child or the notice of an intended or proposed change of the principal residence of an adult as provided in this article must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child or the 10th day after the date such information required to be furnished by subsection (b) becomes known, if the person did not know and could not reasonably have known the information in sufficient time to comply with the 45-day notice, and it is not reasonably possible to extend the time for change of principal residence of the child.

(b) Except as provided by Section 30-3-167, all of the following information, if available, must be included with the notice of intended change of principal residence of a child:

(1) The intended new residence, including the specific street address, if known.

(2) The mailing address, if not the same as the street address.

(3) The telephone number or numbers at such residence, if known.

(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5) The date of the intended change of principal residence of a child.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

(8) A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be made within 30 days or the relocation will be permitted.

(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.
Ala. Code § 30-3D-201 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-201
Section 30-3D-201 Bases for Jurisdiction Over Nonresident
Status: in_force

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:

(1) the individual is personally served with summons within this state;

(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Resources; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child-support order of another state unless the requirements of Section 30-3D-611 are met, or, in the case of a foreign support order, unless the requirements of Section 30-3D-615 are met.
Ala. Code § 30-5A-1 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-1
Section 30-5A-1 Short Title; Purpose
Status: in_force

Amended and renumbered as §13A-6-140, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
Ala. Code § 30-7-2 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-2
Section 30-7-2 Minimum Standards for Domestic Violence Shelters
Status: in_force

(a) The following minimum standards for domestic violence centers shall be used by the Department of Economic and Community Affairs to determine membership in the coalition or other qualified entity and eligibility for receiving funds administered by the Department of Economic and Community Affairs. Any domestic violence center seeking membership shall meet the following qualifications:

(1) Be a 501(c)(3) nonprofit corporation created for the purpose of operating a domestic violence center; provided, however, it may be affiliated with a larger private organization, but must be a distinct entity with its own corporate structure and budget. All funding and budget issues pertaining to the operation of the domestic violence program shall be reported independently from other activities to the coalition or other qualified entity.

(2) Have as its primary mission the provision of services to victims of domestic violence, as defined in Section 30-5-2.

(3) Provide emergency shelter, counseling services, case management and advocacy, referral, and 24-hour hotline telephone services for domestic violence victims.

(4) Operate its principal place of business or service activity in the state.

(5) Agree to, accept, adopt, and implement the prevailing domestic violence center standards adopted by the department.

(6) Be governed by a board of directors which reflects the community it serves.

(7) Affirm in writing its commitment to the specific and primary purpose of the Alabama Coalition Against Domestic Violence or other qualified entity as stated in membership affiliate agreements.

(b) In the event the Alabama Coalition Against Domestic Violence ceases operations or is otherwise ineligible to receive federal funds for domestic violence programs in this state, the director may designate another qualified entity to fulfill its duties.
Ala. Code § 30-4-53 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-53
Section 30-4-53 Institution of Desertion, Nonsupport, Etc., Proceedings - Wife, Child, Etc
Status: in_force

Proceedings under this article may be instituted upon complaint made under oath or affirmation by the wife or child, or by any officer mentioned in Section 30-4-64, upon information received, or by any other person having knowledge of the facts, against any person accused of either of the above-named offenses.
Ala. Code § 30-5A-4 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-4
Section 30-5A-4 Arrest for Violation of Chapter
Status: in_force

Amended and renumbered as §13A-6-143, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
Ala. Code § 30-3-177 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-177
Section 30-3-177 Contempt Petition; Applicability of Article to Obligors Who Failed to Follow Previous Orders
Status: in_force

In addition to the foregoing provisions of this article, if the obligor is brought before a circuit, district, or juvenile court having jurisdiction on a contempt petition, and it is shown by the department or its agent or by an obligee or counsel for an obligee who is not a recipient of services of the department, that the obligor has failed to follow previous orders of the court, then the court may, in addition to any other remedies, order the withholding, restricted use, suspension, revocation, forfeiture, or termination of the obligor’s license or licenses as defined by this article. When a suspension, revocation, forfeiture, termination, withholding, or restricted use of any license occurs pursuant to this section, the foregoing provisions of this article pertaining to the duties and authority of the licensing agency shall apply.
Ala. Code § 30-3-6 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-6
Section 30-3-6 Bond, Security, or Other Guarantee to Secure Payment of Overdue Support or Compliance with Visitation Order
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) SUPPORT. Support of any child, with respect to whom a support order exists, and support of a spouse or former spouse with respect to whom a support order exists where incidental to an order of child support as required by Title IV-D of the Social Security Act.

(2) OVERDUE SUPPORT. A delinquency in an obligation of “support,” as such term is defined in this section, the obligation having been previously determined under a court order or judgment.

(3) OBLIGOR. Any person required to make payments under the terms of a support order or comply with visitation orders.

(4) OBLIGEE. Any person or entity which is entitled to receive support pursuant to a support order and who is receiving support services from the Department of Human Resources pursuant to Title IV-D of the Social Security Act.

(b) In addition to any other remedy provided by law where an action is initiated for the enforcement of support, a court of this state having jurisdiction over the enforcement action may in its discretion, where request therefor is included in the petition or other pleading, issue an order requiring the obligor to post a bond, give security, or give some other guarantee to secure the payment of overdue support or compliance with visitation orders. The amount of security, bond, or other payment guarantee to be required is at the discretion of the court. Provided, that the petition or other original pleading shall clearly notify the obligor that, in addition to the relief being sought through the underlying enforcement proceeding, the petitioner or complainant is seeking to have the court set a bond, security, or other guarantee of payment. The obligor shall have the opportunity to be heard on the matter of the bond, security, or other guarantee of payment at the time of the hearing on the enforcement action.

(c) If the required payments are not made as ordered and the security, bond, or other guarantee to secure payment is forfeited, the proceeds therefrom shall be applied to the support due.
Ala. Code § 30-3-34 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-34
Section 30-3-34 Modification of Custody Decree of Another State
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-501 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-501
Section 30-3D-501 Employer’s Receipt of Income-Withholding Order of Another State
Status: in_force

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
Ala. Code § 30-3-28 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-28
Section 30-3-28 Jurisdiction Declined by Reason of Conduct; Expenses
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3A-204 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-204
Section 30-3A-204 Simultaneous Proceedings in Another State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-202 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-202
Section 30-3D-202 Duration of Personal Jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 30-3D-205, 30-3D-206, and 30-3D-211.
Ala. Code § 30-3B-405 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-405
Section 30-3B-405 Transitional Provision
Status: in_force

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before January 1, 2000, is governed by the law in effect at the time the motion or other request was made.
Ala. Code § 30-3B-206 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-206
Section 30-3B-206 Simultaneous Proceedings
Status: in_force

(a) Except as otherwise provided in Section 30-3B-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 30-3B-207.

(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding for enforcement; or

(3) Proceed with the modification under conditions it considers appropriate.
Ala. Code § 30-3B-210 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-210
Section 30-3B-210 Appearance of Parties and Child
Status: in_force

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 30-3B-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Ala. Code § 30-3D-611 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-611
Section 30-3D-611 Modification of Child-Support Order of Another State
Status: in_force

(a) If Section 30-3D-613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(1) the following requirements are met:

(A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(B) a petitioner who is a nonresident of this state seeks modification; and

(C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under Section 30-3D-207 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) and Section 30-3D-201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.
Ala. Code § 30-3A-401 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-401
Section 30-3A-401 Petition to Establish Support Order
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-6-1 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-1
Section 30-6-1 Definitions
Status: in_force

In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) ABUSE. As defined in Section 30-5-2.

(2) ACADV. The Alabama Coalition Against Domestic Violence, Incorporated.

(3) ADVOCATE. An employee or volunteer of a program for victims of domestic violence receiving funds under this chapter who has a primary function of rendering advice, counseling, or assistance to victims of domestic violence; who supervises the employees or volunteers of the program; or who administers the program.

(4) AGENCY. The Alabama State Law Enforcement Agency.

(5) CLIENT. Any individual receiving services from a certified domestic violence center.

(6) DIRECTOR. The Director of the Department of Economic and Community Affairs.

(7) DOMESTIC VIOLENCE. Abuse as defined in subdivision (1).

(8) DOMESTIC VIOLENCE CENTER. An entity that provides services or shelter to domestic violence victims and their accompanying children and is a member of the ACADV or other qualified entity.

(9) OTHER QUALIFIED ENTITY. An entity designated by the director to fulfill the duties of the ACADV in the event the ACADV ceases operations or is otherwise ineligible to receive federal funds for domestic violence programs in this state.

(10) VICTIM. As defined in Section 30-5-2.

Terms not otherwise defined by this chapter shall have the meaning given to them by the Alabama Criminal Code, Title 13A, or other provisions of law, as the case may be.
Ala. Code § 30-3-150 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-150
Section 30-3-150 State Policy
Status: in_force

Joint Custody. It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.
Ala. Code § 30-5A-6 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-6
Section 30-5A-6 Authority to Enforce Orders through Contempt Proceedings Not Diminished
Status: in_force

Nothing in this chapter shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
Ala. Code § 30-3-9 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-9
Section 30-3-9 Effect of Military Deployment of Parent on Child Custody Determinations
Status: in_force

(a) A military deployment, including past, previous, or future deployments, may not be considered by the court as the sole factor when making an original child custody determination, or in modifying an existing child custody determination, in any proceeding involving any person who has sought, or is seeking, custodial rights to, or visitation rights with, a child.

(b) Any order granting a continuance or stay of a child custody case granted pursuant to the Federal Servicemembers Civil Relief Act, 50 App. U.S.C. Sections 501 to 596, inclusive, may include a pendente lite custody determination order.

(c) Nothing in this section shall be construed so as to limit or expand the legal rights of any person under any existing law.
Ala. Code § 30-4-83 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-83
Section 30-4-83 Duties Under State Law of Obligor Present in State Not Affected by Absence or Nonresidence of Obligee
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-4-1 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-1
Section 30-4-1 Separate Property of Wife - Property Held Prior to Marriage or Acquired After Marriage
Status: in_force

All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband.
Ala. Code § 30-3-130 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-130
Section 30-3-130 Definitions
Status: in_force

For the purposes of this article “domestic or family abuse” means an incident resulting in the abuse, stalking, assault, harassment, or the attempt or threats thereof. “Abuse” means any offense under Article 4 of Chapter 6 of this title or Chapter 15 of Title 26. “Stalking” means any offense under Article 5 of Chapter 6 of this title. “Assault” means any offense under Article 2 of Chapter 6 of this title. “Harassment” means the offenses prescribed in Section 13A-11-8.
Ala. Code § 30-3C-1 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-1
Section 30-3C-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Child Abduction Prevention Act.
Ala. Code § 30-3C-6 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-6
Section 30-3C-6 Contents of Petition
Status: in_force

A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. If a child-custody determination is not available, the petition must state the petitioner’s right to make a petition, as described under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition under this chapter. The petition also must specify the risk factors for abduction, including the relevant factors described in Section 30-3C-7. Subject to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain:

(1) the name, date of birth, and gender of the child;

(2) the usual places of abode and current physical location of the child;

(3) the identity, usual places of abode, and current physical location of the petitioner and respondent, and an explanation of the relationship between the petitioner and the child at issue in the petition that states the authority of the petitioner to make a petition under this chapter, in accordance with subsection (b) of Section 30-3C-4;

(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by or against a party or other individual who has custody of the child, and the date, location, and status of the action. If the petitioner is the Department of Human Resources, or any agency or entity that has custody of the child at issue under the petition, that entity need only provide a statement of whether a prior action to prevent abduction or domestic violence has been filed with regard to the child at issue in the petition being made, and need not make a statement of all such filings made in other cases by such entity;

(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case;

(6) any other information required to be submitted to the court for a child-custody determination under Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement Act; and

(7) a statement of any action taken pursuant to Article 7A of Chapter 3 of this title the Alabama Parent-Child Relationship Protection Act.
Ala. Code § 30-3D-102 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-102
Section 30-3D-102 Definitions
Status: in_force

In this chapter:

(1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(5) “Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(A) which has been declared under the law of the United States to be a foreign reciprocating country;

(B) which has established a reciprocal arrangement for child support with this state as provided in Section 30-3D-308;

(C) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or

(D) in which the Convention is in force with respect to the United States.

(6) “Foreign support order” means a support order of a foreign tribunal.

(7) “Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

(8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

(9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(10) “Income-withholding order” means an order or other legal process directed to an obligor’s employer or other debtor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.

(11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(15) “Law” includes decisional and statutory law and rules and regulations having the force of law.

(16) “Obligee” means:

(A) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(B) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(C) an individual seeking a judgment determining parentage of the individual’s child; or

(D) a person that is a creditor in a proceeding under Article 7.

(17) “Obligor” means an individual, or the estate of a decedent, that:

(A) owes or is alleged to owe a duty of support;

(B) is alleged but has not been adjudicated to be a parent of a child;

(C) is liable under a support order; or

(D) is a debtor in a proceeding under Article 7.

(18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(21) “Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

(22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

(23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

(24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country.

(25) “Spousal-support order” means a support order for a spouse or former spouse of the obligor.

(26) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(27) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to:

(A) seek enforcement of support orders or laws relating to the duty of support;

(B) seek establishment or modification of child support;

(C) request determination of parentage of a child;

(D) attempt to locate obligors or their assets; or

(E) request determination of the controlling child-support order.

(28) “Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.

(29) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Ala. Code § 30-3A-503 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-503
Section 30-3A-503 Compliance with Multiple Income-Withholding Orders
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-101 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-101
Section 30-3A-101 Definitions
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3B-102 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-102
Section 30-3B-102 Definitions
Status: in_force

In this chapter, the following terms shall have the following meanings:

(1) ABANDONED. Left without provision for reasonable and necessary care or supervision.

(2) CHILD. An individual who has not attained 19 years of age.

(3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) CHILD CUSTODY PROCEEDING. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, adoption, or enforcement under Article 3.

(5) COMMENCEMENT. The filing of the first pleading in a proceeding.

(6) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(7) HOME STATE. The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child or any of the mentioned persons is part of the period.

(8) INITIAL DETERMINATION. The first child custody determination concerning a particular child.

(9) ISSUING COURT. The court that makes a child custody determination for which enforcement is sought under this chapter.

(10) ISSUING STATE. The state in which a child custody determination is made.

(11) MODIFICATION. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(13) PERSON ACTING AS A PARENT. A person, other than a parent, who:

a. Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

b. Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14) PHYSICAL CUSTODY. The physical care and supervision of a child.

(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) WARRANT. An order issued by a court authorizing law enforcement officers to take physical custody of a child.
Ala. Code § 30-3-194 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-194
Section 30-3-194 Issuance or Renewal of License, Etc.; Social Security Number Requirements
Status: in_force

(a) Any agency charged with the administration of any law concerning the issuance or renewal of a license, certificate, or permit to engage in a profession, occupation, or recreational, sporting, or commercial activity shall require all applicants for issuance of the license, certificate, or permit, to provide the applicant’s Social Security number to the agency, which agency shall record the Social Security number on the application and related records maintained by the agency.

(b) The Alabama State Law Enforcement Agency may require all applicants for issuance or renewal of a driver’s license, learner’s permit, or other authorization to drive a private or commercial motor vehicle to provide the applicant’s Social Security number to the department. The department shall record the Social Security number on the application and related records maintained by the department.

(c) All divorce decrees, support orders, and paternity determinations issued, and all paternity acknowledgments made, shall include in the records the Social Security number of each party subject to the decree, order, determination, or acknowledgement. The Social Security number of each party subject to a divorce shall be included in the divorce certificate filed in the Office of Vital Statistics.

(d) The Social Security number of both parties to the marriage shall be collected by those parties issuing a marriage license and shall appear on the license and certificate sent to the Office of Vital Statistics.

(e) The Office of Vital Statistics shall collect the Social Security number of the deceased individual and place the number on the death certificate.

(f) Any agency charged with the duty to record an individual’s Social Security number shall provide the individual’s Social Security number to the state Title IV-D agency at the agency’s request for the purpose of administering the child support program.
Ala. Code § 30-1-6 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-6
Section 30-1-6 Solemnization of Marriage of Parties Under Age of Consent or Within Prohibited Degrees, Etc
Status: in_force

Any person solemnizing the rites of matrimony with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than $1,000.
Ala. Code § 30-2-9 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-9
Section 30-2-9 Validation of Marriage of Divorced Persons Where Remarriage Not Specifically Prohibited by Divorce Judgment
Status: in_force

The marriages of all persons married subsequent to a divorce judgment granted in this state which did not prohibit the person from remarrying are hereby declared to be valid, notwithstanding that the judgment of divorce did not specifically confer on such person the right to remarry.

This section shall not be deemed to abridge in any way the force and effect of Section 30-2-10.
Ala. Code § 30-3D-205 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-205
Section 30-3D-205 Continuing, Exclusive Jurisdiction to Modify Child-Support Order
Status: in_force

(a) A tribunal of this state that has issued a child-support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:

(1) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this state that has issued a child-support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) its order is not the controlling order.

(c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child-support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Ala. Code § 30-3-179 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-179
Section 30-3-179 Legislative Intent
Status: in_force

It is the intent of the Legislature that this article provide for the withholding, restricted use, suspension, or revocation of professional, occupational, recreational, or drivers’ licenses for the failure to pay child support or to comply with subpoenas or warrants relating to paternity or child support proceedings.
Ala. Code § 30-4-30 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-30
Section 30-4-30 Conveyance of Real Estate by Husband When Wife Insane - Powers of Husband; Exception as to Homestead
Status: in_force

When any married woman has been legally declared insane, or when any married woman is confined in any Alabama state hospital for the insane and the superintendent thereof shall have certified in writing to the probate judge of the county of the residence of the husband that in his opinion such married woman is permanently insane and such certificate has been recorded in the office of such probate judge, the husband may convey any or all of his real estate, not including the homestead, by deed, mortgage or deed of trust as though he were single.
Ala. Code § 30-4-87 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-87
Section 30-4-87 Relief from Extradition
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3B-203 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-203
Section 30-3B-203 Jurisdiction to Modify Determination
Status: in_force

Except as otherwise provided in Section 30-3B-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 30-3B-201(a)(1) or (2) and:

(1) The court of the other state determines it no longer has continuing, exclusive jurisdiction under Section 30-3B-202 or that a court of this state would be a more convenient forum under Section 30-3B-207; or

(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Ala. Code § 30-3A-801 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-801
Section 30-3A-801 Grounds for Rendition
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-4 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-4
Section 30-4-4 Separate Property of Wife - Damages Recovered for Injuries to Person or Reputation
Status: in_force

All damages which the wife may be entitled to recover for injuries to her person or reputation are her separate property.
Ala. Code § 30-3A-614 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-614
Section 30-3A-614 Notice to Issuing Tribunal of Modification
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-605 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-605
Section 30-3A-605 Notice of Registration of Order
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-169.7 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.7
Section 30-3-169.7 Change of Principal Residence Raised in Conjunction with Other Petition
Status: in_force

If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or other petition to determine custody of or visitation with a child, the court shall consider, among other evidence, the factors set forth in Sections 30-3-169.2 and 30-3-169.3 in making its initial determination.
Ala. Code § 30-3B-312 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-312
Section 30-3B-312 Costs, Fees, and Expenses
Status: in_force

(a) The court may award any party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Ala. Code § 30-3-62 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-62
Section 30-3-62 Who May Petition for Withholding Order; Withholding on Existing Support Orders; Filing with Clerk; Service; Hearing; Issuance of Order; Contents; When Order Takes Effect; Entry of Support and Withholding Orders by Different Courts; Termination of Withholding
Status: in_force

(a) Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any other remedy provided by law for the enforcement of support, the obligee, district attorney, or representative of the Department of Human Resources may file with a court of this state, as defined in this article, a petition seeking an order of income withholding. Additionally, for all existing support orders issued in the State of Alabama that do not provide for income withholding and upon the filing of an application for support services by the obligee with the department, the department shall petition the court for an income withholding order pursuant to this section. The obligee, district attorney, or representative of the department shall file with the clerk of the court the following documents:

(1) Three copies of a petition seeking the income withholding order, that include the name and address of both the obligor and obligee.

(2) One certified copy and two additional copies of the original support order with all modifications thereof.

(3) A sworn affidavit of the obligee, or a certified statement of the agency, of the arrearages, if any, and any assignment of support rights.

(4) Two copies of a notice of the proposed income withholding. The notice shall advise the obligor that an income withholding order shall be issued by the court in accordance with this section.

(b) The obligor shall be served by the methods authorized in the Alabama Rules of Civil Procedure with a copy of all the documents listed in subsection (a) of this section.

(c) An income withholding order shall be issued by the court unless the obligor requests a hearing within 10 days of the date of service of the petition and notice. If the obligor requests a hearing, the hearing shall be held and a decision rendered within 45 days of the date of service of the petition and notice upon the obligor unless the obligee, district attorney, or representative of the department requests a continuation of the case to a later date or the court, on its own motion and for good cause shown, continues the case to a later date. An obligor may contest the issuance of an income withholding order under this section only on the basis of mistakes of fact. The income withholding order issued pursuant to this section may be issued by any court competent to adjudicate these proceedings, as that term is defined in this article, and shall be issued without the need for an amendment to the existing support order.

(d) An order entered pursuant to this section shall recite the amount required to be withheld as continuing support for each month, the total amount of all accumulated arrearages, if any, and the amount required to be withheld for each month in order to satisfy the arrearage. The order shall require withholding from the income due or becoming due the obligor at each pay period and payment to the clerk of the court or the department or its designee, whichever is appropriate, of the amounts ordered pursuant to this section. If the obligor’s support obligation is required to be paid on a monthly basis and his or her pay periods are at more frequent intervals, the employer may withhold, at each pay period, amounts cumulatively sufficient to equal the total monthly arrearage due, if any, and the total monthly continuing support obligation and pay over to the clerk of the court or the department, or its designee, the amount withheld in accordance with subsection (b) of Section 30-3-61. When payments are ordered made directly to the clerk of the court, it shall be the responsibility of the clerk to disburse the payments in accordance with the court’s order.

(e) Any order entered pursuant to this section shall be continuing and binding upon any employer upon whom it is served until further order of the court. A withholding order issued pursuant to this section shall not be served on the employer and shall not take effect unless the obligor is or becomes delinquent in a dollar amount equal to one month of support payments, the obligor requests that the withholding order take effect at an earlier date, or the court otherwise orders that the withholding order take effect at an earlier date.

(f) In the event the obligor becomes delinquent in the support payments in a dollar amount equal to one or more month’s support obligation, or at the time as the obligor wishes to have the income withholding served upon his or her employer, the obligee or the obligor may file with the clerk of the court a sworn affidavit stating the appropriate basis upon which service of the income withholding order is now being sought. Upon the filing of the affidavit and the payment of a docket fee in the same amount as is prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall also be served upon the obligor by first class mail. The cost of such a filing shall not be prepaid if, upon the filing of an affidavit of substantial hardship, the obligee or obligor is found by the court to be incapable of prepaying the cost or if the affidavit is filed by the department or a representative of the department, but in those cases the cost of the filing shall be taxed as costs against the obligor at the time service of the order is requested and shall be withheld from the obligor’s first pay period subjected to the income withholding order. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.

(g) When an income withholding order is entered pursuant to this section by a court other than the court which originally entered the support order, a copy of the income withholding order shall be forwarded by the clerk of the court entering the order to the clerk of the court which entered the original support order. The clerk of the court which entered the original order of support shall also be notified whenever the income withholding order is served upon an employer and withholdings are to commence.

(h) A withholding order issued under this section or Section 30-3-61 shall be promptly terminated when the obligor requests termination and withholding has not been terminated previously and subsequently initiated and there is a written agreement signed by both the custodial and absent parent, and in IV-D cases in which there is an assignment of support rights to the state, by the department, providing for an alternative arrangement as provided in subsection (c) of Section 30-3-61. In those cases, income withholding shall be reinstated if the absent parent fails to make payments in the amount of one month’s support obligation or the absent parent requests immediate income withholding or the payee or the department requests that withholding be reinstated and the absent parent has failed to make a payment or payments on the date or dates due. A withholding order reinstated pursuant to this provision shall be permanent for the duration of the obligation for support, or until such time as the withholding order is modified or terminated pursuant to Section 30-3-64 or Section 30-3-65.

(i) A withholding order issued under this section or Section 30-3-61 shall be terminated without the necessity of a hearing when the obligor files with the clerk of the court that issued the withholding order a sworn affidavit stating that all children subject to the order have reached the age of majority and that no arrearage is owed on the withholding order or a spousal support order or stating other conditions of termination as specified in subsection (h) of this section. Upon filing of the affidavit and the payment of the docket fee prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the affidavit shall be served by first class mail upon the obligee and upon the department when the case is a IV-D case. An order terminating income withholding shall be issued by the court unless the obligee or the department requests a hearing within 20 days of service of the affidavit. If the obligee or the department requests a hearing, the hearing shall be held and a decision rendered within 45 days of the date of service of the affidavit upon the obligee and the department, as appropriate, unless the obligor requests a continuation of the case to a later date or the court, on its own motion and for good cause shown, continues the case to a later date. The termination of the income withholding issued pursuant to this section may be issued without the need for a hearing except as specified in this section. A copy of the termination of income withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall also be served upon the obligee and the department as appropriate by first class mail. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.
Ala. Code § 30-5B-9 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-9
Section 30-5B-9 Severability Clause
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ala. Code § 30-3-24 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-24
Section 30-3-24 Notice and Opportunity to Be Heard
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3A-201 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-201
Section 30-3A-201 Bases for Jurisdiction Over Nonresident
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-2-51 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-51
Section 30-2-51 Allowance Upon Grant of Divorce; Certain Property Not Considered; Retirement Benefits
Status: in_force

(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse’s family. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage.

(b)(1) The marital estate is subject to equitable division and distribution. Unless the parties agree otherwise, and except as otherwise provided by federal or state law, the marital estate includes any interest, whether vested or unvested, either spouse has acquired, received, accumulated, or earned during the marriage in any and all individual, joint, or group retirement benefits including, but not limited to, any retirement plans, retirement accounts, pensions, profit-sharing plans, savings plans, annuities, or other similar benefit plans from any kind of employment, including, but not limited to, self employment, public or private employment, and military employment.

(2) Notwithstanding the foregoing, unless the parties agree otherwise, the total amount of the retirement benefits payable to the noncovered spouse shall not exceed 50 percent of the retirement benefits that may be considered by the court.

(3) Any party asserting that all or a portion of his or her interest in any retirement benefits is excluded from the marital estate shall bear the burden of proving that fact and the value or amount of the excluded interest, including any active or passive income or appreciation on that interest.

(c) The court may use any method of valuing, dividing, and distributing an interest in retirement benefits that is equitable under the circumstances of the case so long as the overall division and distribution of the marital property remains equitable to the parties. Nothing in this section shall be construed to require a court to divide or distribute any amount, or any percentage, of one spouse’s retirement benefits to the other spouse.

(d) Any passive increase or decrease in the value of retirement benefits from the effective date of the award to the date of distribution shall accrue to, or be borne by, the parties on a pro rata basis. Passive increases or decreases are increases or decreases resulting from fluctuations in the value of the assets regarding a retirement benefit and cost-of-living adjustments made pursuant to the terms of a retirement benefit, but do not include any increases or decreases resulting from contributions, withdrawals, or accruals to a retirement benefit attributable to any period, after the effective date of the award.

(e) Unless otherwise prohibited by state or federal law, a court may enter any order designed to protect or preserve the legal interest of either spouse in retirement benefits, including any order to prevent, or to compensate a spouse for, the deprivation or dissipation of a legal share of any retirement benefits due to the act or omission of the other spouse and any order necessary to enforce the property division of such benefits. Notwithstanding the foregoing, a court may not enter any order modifying the terms of any retirement benefits or enlarging the benefits payable under the terms of a retirement plan.
Ala. Code § 30-3D-605 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-605
Section 30-3D-605 Notice of Registration of Order
Status: in_force

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party:

(1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 30 days after notice unless the registered order is under Section 30-3D-707;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) of the amount of any alleged arrearages.

(c) If the registering party asserts that two or more orders are in effect, a notice must also:

(1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(2) notify the nonregistering party of the right to a determination of which is the controlling order;

(3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and

(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding law of this state.
Ala. Code § 30-3-136 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-136
Section 30-3-136 Construction of Provisions
Status: in_force

The provisions of this article are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure.
Ala. Code § 30-3D-210 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-210
Section 30-3D-210 Application of Act to Nonresident Subject to Personal Jurisdiction
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Section 30-3D-316, communicate with a tribunal outside this state pursuant to Section 30-3D-317, and obtain discovery through a tribunal outside this state pursuant to Section 30-3D-318. In all other respects, Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this state.
Ala. Code § 30-5-11 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-11
Section 30-5-11 Construction of Chapter
Status: reserved

The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure; provided, however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 30-2-50 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-50
Section 30-2-50 Allowance for Support During Pendency of Action
Status: in_force

Pending an action for divorce, the court may make an allowance for the support of either spouse out of the estate of the other spouse, suitable to the spouse’s estate and the condition in life of the parties, for a period of time not longer than necessary for the prosecution of the complaint for divorce.
Ala. Code § 30-4-58 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-58
Section 30-4-58 Issuance of Order for Temporary Support of Wife or Children Pending Trial, Appeal, Etc
Status: in_force

At any time before or at the trial or pending an appeal to the circuit court, upon motion of the complainant and upon notice to the defendant, no formal notice being necessary if the defendant be present in court and informed of said motion, the judge of said court may enter such temporary orders as may seem just, providing for the support of the neglected wife or children, or both, pendente lite, and may punish violations of such order as contempt of court, as provided by law for the punishment of contempts of the court in which such case is pending.
Ala. Code § 30-1-8 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-8
Section 30-1-8 Fee for Performing Marriage
Status: in_force

Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2 for each marriage solemnized.
Ala. Code § 30-3-37 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-37
Section 30-3-37 Certified Copies of Custody Decree
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-4-17 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-17
Section 30-4-17 Revocation of Certain Transferable Interests in Property Upon Divorce or Annulment
Status: in_force

(a) In this section, the following terms have the following meanings:

(1) DISPOSITION OR APPOINTMENT OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.

(2) DIVORCE or ANNULMENT. Any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.

(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce or annulment of his or her marriage to his or her former spouse.

(5) RELATIVE OF THE DIVORCED INDIVIDUAL’S FORMER SPOUSE. An individual who is related to the divorced individual’s former spouse by blood, adoption, or affinity during the marriage and after the divorce or annulment, who is no longer related to the divorced individual by blood, adoption, or affinity.

(6) REVOCABLE. With respect to a disposition, appointment, provision, or nomination, one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of his or her former spouse or former spouse’s relative, whether or not the divorced individual was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse’s relative and whether or not the divorced individual then had the capacity to exercise the power.

(b) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the martial estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage:

(1) revokes any revocable:

a. disposition or appointment of property made by a divorced individual to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual’s former spouse;

b. provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual’s former spouse or on a relative of the divorced individual’s former spouse; and

c. nomination in a governing instrument, nominating a divorced individual’s former spouse or a relative of the divorced individual’s former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian; and

(2) severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship transforming the interests of the former spouses into equal tenancies in common.

(c) A severance under subdivision (2) of subsection (b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

(d) Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

(e) Provisions revoked solely by this section are revived by the divorced individual’s remarriage to the former spouse or by a nullification of the divorce or annulment.

(f) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument, before the payor or other third party received written notice of the divorce, annulment, or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture under this section.

(g)(1) A person who purchases property from a former spouse, relative of a former spouse, or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse, or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit.

(2) A former spouse, relative of a former spouse, or other person who receives a payment, an item of property, or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to the payment, benefit, or property under this section.

(3) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a former spouse, relative of the former spouse, or any other person who receives a payment, an item of property, or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of the payment of the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.

(h) The provisions of this section shall not apply to any insurance policy for which the former spouse is named beneficiary, if the former spouse is listed as owner of the policy or makes premium payments on the policy following the divorce or annulment.
Ala. Code § 30-1-13 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-13
Section 30-1-13 Persons Solemnizing Marriages to Execute Certificate; Recordation Thereof; Marriage Certificate Deemed Presumptive Evidence of Fact
Status: reserved

Repealed by Act 2019-340, §3, effective August 29, 2019.
Ala. Code § 30-5-1 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-1
Section 30-5-1 Short Title; Construction; Purposes
Status: in_force

(a) This chapter shall be known as and may be cited as the Protection From Abuse Act.

(b) This chapter shall be liberally construed and applied to promote all of the following purposes:

(1) To assure victims of domestic violence the maximum protection from abuse that the law can provide.

(2) To create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact.

(3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse.

(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family members and others who are personally involved with the perpetrators.

(5) To recognize that domestic violence is a crime that will not be excused or tolerated.

(6) To provide for protection orders to prevent domestic violence and provide for court jurisdiction and venue; to provide for court hearing for petitions for relief; and to provide for the contents and the issuance of protection orders.
Ala. Code § 30-3D-312 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-312
Section 30-3D-312 Nondisclosure of Information in Exceptional Circumstances
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Ala. Code § 30-3C-2 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-2
Section 30-3C-2 Definitions
Status: in_force

In this chapter, the following terms have the following meanings:

(1) ABDUCTION. The wrongful removal or wrongful retention of a child.

(2) CHILD. An unemancipated individual who is less than 19 years of age.

(3) CHILD-CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity, termination of parental rights, or protection from domestic violence. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, guardianship proceeding, adoption, or enforcement under Article 3 of Chapter 3B of this title, the Uniform Child Custody Jurisdiction and Enforcement Act.

(5) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.

(6) PETITION. Includes a motion or its equivalent.

(7) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(8) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.

(9) TRAVEL DOCUMENT. A record relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.

(10) WRONGFUL REMOVAL. The taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.

(11) WRONGFUL RETENTION. The keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Ala. Code § 30-1-12 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-12
Section 30-1-12 Probate Judge to Maintain Register of Licenses; Register Deemed Presumptive Evidence of Facts
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2019-340 IN THE 2019 REGULAR SESSION, EFFECTIVE AUGUST 29, 2019. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

The judge of probate must keep a book, in which shall be registered all licenses issued by him and which shall state whether the parties, or either of them, were of the age specified in Section 30-1-5. If not, he must also state whether either of them had been previously married, or if consent had been given to the marriage by the parent or guardian. If such consent was in writing, he must transcribe it on the same page on which he records the license, and the record so made, or a certified copy thereof, is presumptive evidence of the facts.
Ala. Code § 30-3B-302 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-302
Section 30-3B-302 Enforcement Under Hague Convention
Status: in_force

Under this article a court of this state may enforce an order for the return of the child made under The Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Ala. Code § 30-2-4 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-4
Section 30-2-4 Where Complaint to Be Filed
Status: in_force

Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.
Ala. Code § 30-2-8 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-8
Section 30-2-8 Proceedings Generally; Right of Remarriage
Status: in_force

The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought must be alleged in the complaint, to which the other party must be made a defendant. If service by publication shall be made, when necessary, in the manner provided in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence and the nature of the case may warrant, direct whether the party against whom the judgment of divorce is made be permitted to marry again, and where in judgments no order is made disallowing the party the right to marry again, the party shall be deemed to have the right to remarry, subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion and proper proof, to allow the moving party to marry again, as justice may seem to require.
Ala. Code § 30-3A-505 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-505
Section 30-3A-505 Penalties for Noncompliance
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-2-57 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-57
Section 30-2-57 Rehabilitative or Periodic Alimony
Status: in_force

(a) Upon granting a divorce or legal separation, the court shall award either rehabilitative or periodic alimony as provided in subsection (b), if the court expressly finds all of the following:

(1) A party lacks a separate estate or his or her separate estate is insufficient to enable the party to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage.

(2) The other party has the ability to supply those means without undue economic hardship.

(3) The circumstances of the case make it equitable.

(b) If a party has met the requirements of subsection (a), the court shall award alimony in the following priority:

(1) Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall award rehabilitative alimony to the party for a limited duration, not to exceed five years, absent extraordinary circumstances, of an amount to enable the party to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage.

(2) In cases in which the court expressly finds that rehabilitation is not feasible, a good-faith attempt at rehabilitation fails, or good-faith rehabilitation only enables the party to partially acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, the court shall award the party periodic installments of alimony for a duration and an amount to allow the party to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage as provided in subsection (g).

(c) In cases in which a party has proven a lack of means to acquire the ability to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, but there exists a present inability of the other party to supply those means, a court, when the circumstances of the case make it equitable, shall reserve jurisdiction to award rehabilitative or periodic alimony. If there is neither an award of alimony nor a reservation of jurisdiction at the time of the divorce, the court shall permanently lose jurisdiction to subsequently make an award of rehabilitative or periodic alimony.

(d) In determining whether a party has a sufficient separate estate to preserve, to the extent possible, the economic status quo of the parties as it existed during the marriage, the court shall consider any and all relevant evidence, including all of the following:

(1) The party’s own individual assets.

(2) The marital property received by or awarded to the party.

(3) The liabilities of the party following the distribution of marital property.

(4) The party’s own wage-earning capacity, taking into account the age, health, education, and work experience of the party as well as the prevailing economic conditions.

(5) Any benefits that will assist the party in obtaining and maintaining gainful employment.

(6) That the party has primary physical custody of a child of the marriage whose condition or circumstances make it appropriate that the party not be required to seek employment outside the home.

(7) Any other factor the court deems equitable under the circumstances of the case.

(e) In determining whether the other party has the ability to pay alimony, the court shall consider any and all evidence, including all of the following:

(1) His or her own individual assets, except those assets protected from use for the payment of alimony by federal law.

(2) The marital property received by or awarded to him or her.

(3) His or her liabilities following the distribution of marital property.

(4) His or her net income.

(5) His or her wage-earning ability, considering his or her age, health, education, professional licensing, work history, family commitments, and prevailing economic conditions.

(6) That he or she has primary physical custody of a child of the marriage whose condition or circumstances make it appropriate that he or she not be required to maintain employment outside the home.

(7) Any other factor the court deems equitable under the circumstances of the case.

(f) In determining whether the award of rehabilitative or periodic alimony is equitable, the court shall consider all relevant factors including all of the following:

(1) The length of the marriage.

(2) The standard of living to which the parties became accustomed during the marriage.

(3) The relative fault of the parties for the breakdown of the marriage.

(4) The age and health of the parties.

(5) The future employment prospects of the parties.

(6) The contribution of the one party to the education or earning ability of the other party.

(7) The extent to which one party reduced his or her income or career opportunities for the benefit of the other party or the family.

(8) Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of property.

(9) All actual damages and judgments from conduct resulting in criminal conviction of either spouse in which the other spouse or child of the marriage was the victim.

(10) Any other factor the court deems equitable under the circumstances of the case.

(g) Except upon a finding by the court that a deviation from the time limits of this section is equitably required, a person shall be eligible for periodic alimony for a period not to exceed the length of the marriage, as of the date of the filing of the complaint, with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility.

(h) An order awarding rehabilitative or periodic alimony may be modified based upon application and a showing of material change in circumstances.

(i) Rehabilitative or periodic alimony awarded under this section terminates as provided in Section 30-2-55, or upon the death of either spouse.
Ala. Code § 30-3-170 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-170
Section 30-3-170 Definitions
Status: in_force

When used in this article, the following words shall have the following meanings:

(1) COURT. A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders.

(2) DELINQUENT or DELINQUENCY. A support debt or support obligation due and unpaid in an amount equal to or greater than six months support payments as of the date of service of a notice of intent to suspend or revoke a license.

(3) DEPARTMENT. The Alabama Department of Human Resources, including the county departments of human resources.

(4) LICENSE. Any license, certificate, registration, or authorization issued by a licensing authority which grants a person a right or privilege to engage in an occupational, professional, sporting, or recreational activity, or to operate a motor vehicle.

(5) LICENSEE. The holder of a license.

(6) LICENSING AUTHORITY. Any department, division, board, agency, or instrumentality of the State of Alabama or its political subdivisions that issues a license.

(7) OBLIGEE. Either of the following:

a. A person to whom support benefits are ordered by the court.

b. A public agency of this or another state that has the right to receive support payments or otherwise is providing support enforcement services under Title IV-D of the Social Security Act. The term shall include the department.

(8) OBLIGOR. A person ordered by a court to make periodic payments for the benefit and support of another person or child.

(9) SUPPORT or SUPPORT ORDER. Support of a minor child and spousal support when the spousal support is collected pursuant to the requirements of Title IV-D of the Social Security Act. Support order shall mean any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse, or former spouse, issued by a court or other entity authorized to issue the orders.
Ala. Code § 30-3-169.2 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.2
Section 30-3-169.2 Court Order
Status: in_force

(a) Where the ends of justice dictate, the court may grant a temporary order restraining the change of principal residence of a child or ordering return of a child to the former residence of the child if a change of principal residence has previously taken place without compliance with this article, and may consider, among other factors, any of the following:

(1) The notice required by this article was not provided in a timely manner.

(2) The notice required by this article was not accurate or did not contain sufficient information upon which a person receiving the notice could base an objection.

(3) The child already has been relocated without notice, agreement of the parties, or prior court approval.

(4) The likelihood that on final hearing the court will not approve the change of the principal residence of the child.

(b) The court may grant a temporary order permitting the change of principal residence of a child and providing for a revised schedule for temporary visitation with a child pending a final hearing if the court finds that the required notice of a proposed change of principal residence of a child as provided in this article was provided in a timely manner, contained sufficient and accurate information, and if the court finds from an examination of the evidence presented at a hearing for temporary relief that there is a likelihood that on final hearing the court will approve the change of the principal residence of the child.

(c) If the court has issued a temporary order authorizing a party to change the principal residence of a child before final judgment is issued, the court may not give weight to the temporary change of principal residence as a factor in reaching its final decision.
Ala. Code § 30-5-3 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-3
Section 30-5-3 Jurisdiction; Request for Protection Order; Venue; Other Actions; Residency
Status: in_force

(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.

(b) A protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in conjunction with the preliminary, final, or post-judgment relief in a civil action.

(c) A petition for a protection order may be filed in any of the following locations:

(1) Where the plaintiff or defendant resides.

(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.

(3) Where the abuse occurred.

(4) Where a civil matter is pending before the court in which the plaintiff and the defendant are opposing parties.

(d) When custody, visitation, or support, or a combination of them, of a child or children has been established in a previous court order in this state, or an action containing any of the issues above is pending in a court in this state in which the plaintiff and the defendant are opposing parties, a copy of any temporary ex parte protection order issued pursuant to this chapter and the case giving rise thereto should be transferred to the court of original venue of custody, visitation, or support for further disposition as soon as practical taking into account the safety of the plaintiff and any children.

(e) A minimum period of residency of a plaintiff is not required to petition the court for an order of protection.
Ala. Code § 30-1-14 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-14
Section 30-1-14 Failure of Minister, Etc., to Return Marriage Certificate to Probate Judge
Status: reserved

Repealed by Act 2019-340, §3, effective August 29, 2019.
Ala. Code § 30-3-162 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-162
Section 30-3-162 Applicability
Status: in_force

(a) Except as provided otherwise by this chapter, the provisions of this article apply to all orders determining custody of or visitation with a child whether such order was issued before or after September 1, 2003. To the extent that a provision of this article conflicts with an existing order determining custody of or visitation with a child or other enforceable agreement, this article does not apply to alter or amend the terms of such order or agreement which addresses the rights of the parties or the child with regard to a change in the primary residence of a child. Any person entitled to the legal or physical custody of or visitation with a child may commence an action for modification to incorporate the provisions of this article into an existing order determining the custody of or visitation with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall not apply to a person who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order from the government.

(b) Sections 30-3-169.1 to 30-3-169.7, inclusive, shall not apply to a change of principal residence of a child to a residence which is 60 miles or less from the residence of a non-relocating parent who is entitled to custody of or visitation with the child or if the change or proposed change results in the child residing nearer to the non-relocating parent than before the change or proposed change, unless such change in the principal residence of a child results in the child living in a different state.
Ala. Code § 30-3-61 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-61
Section 30-3-61 Withholding Order Required in Child Support Orders; Employer to Withhold Support from Income Due and Pay to Designee; Income Withholding Order Issued by Another State; When Order Served on Employer; Delinquency of Support Payments
Status: in_force

(a) Any provision of Section 8-5-21, to the contrary notwithstanding, any original decree, judgment, or order issued by a court of this state for the payment of support, any decree or judgment entered pursuant to a petition to modify an original decree or award of support, any decree or judgment of contempt of court for failure to pay support as previously ordered by a court of this state, or any decree or judgment for criminal or civil nonsupport shall include as a separate section a withholding order subject to subsection (c) of this section directing any employer of the obligor to withhold and pay over to the clerk of the court or the Department of Human Resources, or its designee, whichever is appropriate, out of income due or to become due the obligor at each pay period, an amount ordered to be paid for support. The withholding order shall not under any circumstances be waived by mutual agreement of the parties to the case.

(b) The withholding order shall recite the amount of the obligor’s continuing support obligation and shall require the withholding of the support obligation from the income due or becoming due to the obligor at each pay period and payment to the clerk of the court out of which the order is issued or the department or its designee, whichever is appropriate within seven business days of the date the obligor is paid the paycheck from which the support is withheld. Provided, if the obligor’s support obligation is ordered to be paid monthly and the obligor’s pay periods are at more frequent intervals, the employer may withhold at each pay period an amount cumulatively sufficient to equal the total monthly support obligation and pay the amount withheld at each pay period over to the clerk of the court or the department or its designee, within seven business days of the date the obligor is paid the paycheck from which the amount is withheld. The employer shall withhold the obligation amount as directed in the income withholding order, except that when an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor’s principal place of employment in determining the following:

(1) The employer’s fee for processing an income withholding order.

(2) The maximum amount permitted to be withheld from an obligor’s income.

(3) The time periods within which the employer is required to implement the income withholding order and forward the obligor’s payment.

(4) The priorities for withholding and allocating income withheld for multiple child support obligees.

(5) Any withholding terms or conditions not specified in the order.

(c) The withholding order shall also recite the duty of the obligor and the employer to notify the collecting agency of any change in employment or termination of income of the obligor as provided in this article.

(d) A withholding order issued pursuant to this section shall be a continuing order and shall remain in effect and be binding upon any employer upon whom it is served until further order of the court. Where any order of support is entered or modified, the withholding order issued pursuant to this section shall be served immediately upon the obligor’s employer and shall take effect immediately; except immediate withholding shall not be implemented in any case where one of the parties demonstrates, and the court finds, there is good cause not to require immediate income withholding, or a written agreement is reached between both parties which provides for an alternative arrangement. In such cases, income withholding shall be implemented if the absent parent fails to make payments in an amount equal to one month’s support obligation, or the absent parent requests immediate withholding, or the payee or the department requests that withholding begin and the absent parent has failed to make a payment or payments on the date or dates due.

(e) In the event the obligor becomes delinquent in the support payments in a dollar amount equal to one or more month’s support obligation, or a withholding order entered at the request of the department was not immediately served upon the employer, or at such time as the obligor wishes to have the income withholding order served upon his employer, the obligee or the obligor may file with the clerk of the court a sworn affidavit stating the appropriate basis upon which service of the income withholding order is now being sought. Upon the filing of the affidavit and the payment of a docket fee in the same amount as is prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall be served upon the obligor by first class mail. Provided, the cost of the filing shall not be prepaid if, upon the filing of an affidavit of substantial hardship, the obligee or obligor is found by the court to be incapable of prepaying the cost or if the affidavit is filed by the department or a representative of the department, but in such cases the cost of the filing shall be taxed as costs against the obligor at the time service of the order is requested and shall be withheld from the obligor’s first pay period subjected to the income withholding order. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.

(f) In the event that the obligor with a support obligation imposed by a support order issued or modified in the state before October 1, 1996, becomes delinquent in support payments in a dollar amount equal to one or more month’s support obligation, the income of the obligor, if not otherwise subject to withholding, shall become subject to withholding, without the need for a judicial or administrative hearing.
Ala. Code § 30-3D-314 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-314
Section 30-3D-314 Limited Immunity of Petitioner
Status: in_force

(a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
Ala. Code § 30-3B-308 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-308
Section 30-3B-308 Expedited Enforcement of Child Custody Determination
Status: in_force

(a) A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child custody determination must state:

(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;

(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) The present physical address of the child and the respondent, if known;

(5) Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought and, if so, the relief sought; and

(6) If the child custody determination has been registered and confirmed under Section 30-3B-305, the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under Section 30-3B-312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) The child custody determination has not been registered and confirmed under Section 30-3B-305, and that:

a. The issuing court did not have jurisdiction under Article 2;

b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2;

c. The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child custody determination for which enforcement is sought was registered and confirmed under Section 30-3B-304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
Ala. Code § 30-3-114 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-114
Section 30-3-114 Amount
Status: in_force

The order of retroactive support shall be a sum certain judgment and may cover all periods in which the non-supporting parent failed to provide support. For all time periods in which support is requested, the court shall consider the needs of the child or children and the ability of the parents to respond to these needs, and shall determine the amount of support due for each period by application of the child support guidelines found in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during the time period for which support is sought. If the judgment for retroactive support includes support due for a period of time in which aid was paid by the Department of Human Resources and an assignment of support rights thereby exists under Section 38-10-4 and Section 38-10-5, the department shall be entitled to recover any support due the department under Section 38-10-6.
Ala. Code § 30-3-70 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-70
Section 30-3-70 Employers Not to Discharge or Refuse to Hire Person Due to Withholding Order
Status: in_force

No employer shall discharge an employee or refuse to hire a person because of the entry of an order of withholding or service of the same under this article. Any employer who violates this section may be held to be in contempt of court.
Ala. Code § 30-4-88 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-88
Section 30-4-88 Enforcement of Duties of Support Generally; Jurisdiction of Enforcement Proceedings
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-4-32 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-32
Section 30-4-32 Disposal of Interest in Real Estate by Spouse of Insane Person - Power of Circuit Court to Authorize
Status: in_force

The circuit court may authorize a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of any interest owned in real estate as if such married person were single.
Ala. Code § 30-3D-902 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-902
Section 30-3D-902 Transitional Provision
Status: in_force

This chapter applies to proceedings begun on or after June 2, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Ala. Code § 30-3A-904 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-904
Section 30-3A-904 Repeals
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-202 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-202
Section 30-3A-202 Procedure When Exercising Jurisdiction Over Nonresident
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-169.3 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.3
Section 30-3-169.3 Change of Custody
Status: in_force

(a) Upon the entry of a temporary order or upon final judgment permitting the change of principal residence of a child, a court may consider a proposed change of principal residence of a child as a factor to support a change of custody of the child. In determining whether a proposed or actual change of principal residence of a minor child should cause a change in custody of that child, a court shall take into account all factors affecting the child, including, but not limited to, the following:

(1) The nature, quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate with the child and with the non-relocating person, siblings, and other significant persons or institutions in the child’s life.

(2) The age, developmental stage, needs of the child, and the likely impact the change of principal residence of a child will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

(3) The increase in travel time for the child created by the change in principal residence of the child or a person entitled to custody of or visitation with the child.

(4) The availability and cost of alternate means of communication between the child and the non-relocating party.

(5) The feasibility of preserving the relationship between the non-relocating person and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties.

(6) The preference of the child, taking into consideration the age and maturity of the child.

(7) The degree to which a change or proposed change of the principal residence of the child will result in uprooting the child as compared to the degree to which a modification of the custody of the child will result in uprooting the child.

(8) The extent to which custody and visitation rights have been allowed and exercised.

(9) Whether there is an established pattern of conduct of the person seeking to change the principal residence of a child, either to promote or thwart the relationship of the child and the non-relocating person.

(10) Whether the person seeking to change the principal residence of a child, once out of the jurisdiction, is likely to comply with any new visitation arrangement and the disposition of that person to foster a joint parenting arrangement with the non-relocating party.

(11) Whether the relocation of the child will enhance the general quality of life for both the custodial party seeking the change of principal residence of the child and the child, including, but not limited to, financial or emotional benefit or educational opportunities.

(12) Whether or not a support system is available in the area of the proposed new residence of the child, especially in the event of an emergency or disability to the person having custody of the child.

(13) Whether or not the proposed new residence of a child is to a foreign country whose public policy does not normally enforce the visitation rights of non-custodial parents, which does not have an adequately functioning legal system, or which otherwise presents a substantial risk of specific and serious harm to the child.

(14) The stability of the family unit of the persons entitled to custody of and visitation with a child.

(15) The reasons of each person for seeking or opposing a change of principal residence of a child.

(16) Evidence relating to a history of domestic violence or child abuse.

(17) Any other factor that in the opinion of the court is material to the general issue or otherwise provided by law.

(b) The court making a determination of such issue shall enter an order granting the objection to the change or proposed change of principal residence of a child, denying the objection to the change or proposed change of principal residence of a child, or any other appropriate relief based upon the facts of the case.

(c) The court, in approving a change of principal residence of a child, shall order contact between the child and the non-relocating party and telephone access sufficient to assure that the child has frequent, continuing, and meaningful contact with the non-relocating party and shall equitably apportion transportation costs of the child for visitation based upon the facts of the case.

(d) The court, in approving a change of principal residence of a child, may consider the costs of transporting the child for visitation and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation.

(e) The court, in approving a change of principal residence of a child, may retain jurisdiction of the parties and of the child in order to supervise the transition caused by the change of principal residence of the child; to insure compliance with the orders of the court regarding continued access to the child by the non-relocating party; to insure the cooperation of the relocating party in fostering the parent-child relationship between the child and the non-relocating party; and to protect the relocating party and the child from risk of harm in those cases described in Section 30-3-167.
Ala. Code § 30-2-3 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-3
Section 30-2-3 Divorce to Be Refused Where Collusion Between Parties, Condonation, Etc
Status: in_force

No judgment can be entered on the confession of the parties, or either of them, or if it appear that adultery was committed by either, with the consent of the other, for the purpose of obtaining a divorce, or where both parties have committed adultery, or where there has been a condonation of adultery by the admission of the offending party to conjugal embraces after knowledge of the commission of the crime, or when the husband knew of or connived at the adultery of the wife.
Ala. Code § 30-1-10 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-10
Section 30-1-10 Penalty for Issuance of Marriage License to Minor Contrary to Provisions of Chapter
Status: reserved

Repealed by Act 2019-340, §3, effective August 29, 2019.
Ala. Code § 30-3-164 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-164
Section 30-3-164 Change of Principal Residence - Custodial Party, Persons with Visitation Rights
Status: in_force

Except as provided by Section 30-3-167, a person entitled to custody of or visitation with a child shall provide notice to every other person entitled to custody of or visitation with a child of an intended change in his or her principal residence as required by subsection (b) of Section 30-3-165.
Ala. Code § 30-3A-501 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-501
Section 30-3A-501 Employer’s Receipt of Income-Withholding Order of Another State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-318 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-318
Section 30-3D-318 Assistance with Discovery
Status: in_force

A tribunal of this state may:

(1) request a tribunal outside this state to assist in obtaining discovery; and

(2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Ala. Code § 30-3-69.1 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-69.1
Section 30-3-69.1 Liability of Employer for Willful Failure to Garnish or Withhold Child Support from Wages
Status: in_force

An employer who pays his or her employee in a manner intending to protect the wages of the employee from being garnished or withheld for the purpose of or the collection of child support payments owed by the employee shall be personally liable for the amount of child support owed as if the child support had been withheld under Chapter 3 of this title or to the same degree as an employer who willfully fails or refuses to withhold or pay the amounts required under Section 30-3-69.

Proof of the employer’s intent to protect the wages of the employee in a manner violating this section must be established by clear and convincing evidence.
Ala. Code § 30-3C-5 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-5
Section 30-3C-5 Jurisdiction
Status: in_force

(a) A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this title.

(b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction to take action under this chapter if a child is present in this state and the court finds there is a credible risk of abduction.
Ala. Code § 30-4-81 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-81
Section 30-4-81 Definitions
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3A-611 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-611
Section 30-3A-611 Modification of Child-Support Order of Another State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-54 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-54
Section 30-4-54 Institution of Desertion, Nonsupport, Etc., Proceedings - Duty of Probation Officer
Status: in_force

Any officer mentioned in Section 30-4-64, when, in his opinion, a person in his jurisdiction is guilty of desertion or failure to support his family, shall institute a complaint to bring such person charged with such desertion or failure to support his wife or children before the court.
Ala. Code § 30-3B-101 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-101
Section 30-3B-101 Short Title
Status: in_force

This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
Ala. Code § 30-3-151 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-151
Section 30-3-151 Definitions
Status: in_force

For the purposes of this article the following words shall have the following meanings:

(1) JOINT CUSTODY. Joint legal custody and joint physical custody.

(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.

(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.

(4) SOLE LEGAL CUSTODY. One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.

(5) SOLE PHYSICAL CUSTODY. One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.
Ala. Code § 30-3A-802 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-802
Section 30-3A-802 Conditions of Rendition
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-101 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-101
Section 30-3D-101 Short Title
Status: in_force

This chapter may be cited as the Uniform Interstate Family Support Act.
Ala. Code § 30-3A-901 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-901
Section 30-3A-901 Uniformity of Application and Construction
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-1-9 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-9
Section 30-1-9 Marriage Not to Be Solemnized Without License; Issuance, Effect and Duration of License; Solemnization of Marriage When License Void
Status: reserved

Repealed by Act 2019-340, §3, effective August 29, 2019.
Ala. Code § 30-3D-604 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-604
Section 30-3D-604 Choice of Law
Status: in_force

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered support order;

(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Ala. Code § 30-5-4 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-4
Section 30-5-4 Remedies and Relief; Duty to Inform Court of Pending Proceedings, Litigation, Etc.; Previous Court Orders; Issuance of Orders
Status: in_force

(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.

(b) At any hearing in a proceeding to obtain a protection order, each party has a continuing duty to inform the court of each pending proceeding in this state or any other state for a protection order, any pending civil litigation in this state or any other state, each pending proceeding in any family or juvenile court of this state or any other state, each pending criminal case involving the parties in this state or any other state, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.

(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other proceedings or judgments involving the parties in a court of this state or any other state.

(d) If child custody, visitation, or support have been ordered previously by a court of this state or any other state prior to the filing of an action under this chapter, the terms of the previous court order concerning these matters may be incorporated into a protection order as long as the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B, and the Uniform Interstate Family Support Act, Chapter 3A, are followed if an order was issued in another state.

(e) Any protection order issued in this state pursuant to this chapter shall be effective throughout this state.

(f) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.
Ala. Code § 30-3-2 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-2
Section 30-3-2 Custody and Education of Children Upon Voluntary Separation of Husband and Wife
Status: in_force

(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days’ notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability, and fitness of the parents, and the age and sex of the children.

(b) Upon the hearing of the motion, witnesses may be examined orally or testimony may be taken as in other civil actions. While the application is pending, the court may direct an injunction or make any order that the safety and well-being of the wife or children may require.
Ala. Code § 30-3-38 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-38
Section 30-3-38 Taking Testimony in Another State
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-507 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-507
Section 30-3D-507 Administrative Enforcement of Orders
Status: in_force

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
Ala. Code § 30-3-6.1 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-6.1
Section 30-3-6.1 Rebate of Interest on Delinquent Child Support Payments
Status: in_force

(a) Notwithstanding any other provision of law regarding post-judgment interest, the parent responsible for making child support payments who has been delinquent in making the payments may petition the court that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101 to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have been met:

(1) The parent has paid the past due amount and has paid the current child support payments for 12 months before petitioning the court.

(2) The parent has entered into a repayment agreement, has made all payments on the agreement for at least 12 months, and has paid the current child support payments for 12 months before petitioning the court.

(b) Before a court may order a rebate of interest, each party to whom interest is owed must agree in writing to the rebate of interest and the amount of interest rebated. A court of competent jurisdiction may reinstate the interest rebated upon a subsequent finding of contempt of court for failure to pay child support.

(c) This section shall apply to all child support orders entered before and after August 1, 2004.
Ala. Code § 30-6-6 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-6
Section 30-6-6 Establishment and Funding of Facilities
Status: in_force

(a) In order to be certified, each domestic violence center shall do all of the following:

(1) Provide a facility that shall serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this chapter, minor children and other dependents of a victim, when the dependents are partly or wholly dependent on the victim for support or services, may be sheltered with the victim in a domestic violence center.

(2) Provide minimum services which shall include, but not be limited to, information and referral services, counseling and case management services, temporary emergency shelter for more than 24 hours for adult victims and their accompanying children, a 24-hour hotline, training for law enforcement personnel, assessment and appropriate referral of resident children, outreach services as defined by standards for counties without a physical emergency shelter facility, and educational services for community awareness relative to the incidence of domestic violence, the prevention of domestic violence, and the care, treatment, and rehabilitation for persons engaged in or subject to domestic violence. If a 24-hour hotline, professional training, or community education is already provided by a certified domestic violence center within its designated service area, the director may exempt the certification requirements for a new domestic violence center serving the same service area in order to avoid duplication of services.

(3) Comply with the requirements for training and continuing education adopted by the director.

(4) Comply with rules adopted pursuant to this chapter.

(5) Comply with rules adopted by the director relating to confidential communications and privileges under this chapter.

(6)a. If the domestic violence center is a new center applying for certification on or after January 1, 2016, demonstrate that the services provided address a need identified in the most current statewide needs assessment approved by the director. If the center applying for initial certification proposes providing services in an area that has an existing certified domestic violence center, the center applying for initial certification shall demonstrate an unmet need in that service area and describe its efforts to avoid duplication of services.

b. The Department of Economic and Community Affairs may adopt rules for the implementation of this subdivision.

(b) Each domestic violence center shall satisfy domestic violence standards adopted by the director.

(c) If the director finds that there is a failure by a domestic violence center to comply with the requirements and standards established under this chapter or with any rules adopted pursuant thereto, the director may deny, suspend, or revoke the certification, or may temporarily extend the certification to allow the domestic violence center to implement a corrective action plan.

(d) The annual certificate automatically expires on June 30 of each year unless it is renewed. This subsection applies to a center operating on or before January 1, 2016.

(e) Domestic violence centers shall establish procedures pursuant to which persons subject to domestic violence may seek services from these facilities on a voluntary basis.

(f) Each domestic violence center shall be a 501(c)(3) nonprofit corporation and shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency.

(g) In order to receive funding from the Domestic Violence Trust Fund and other state funds, a domestic violence center shall do all of the following:

(1) Obtain certification pursuant to this chapter; provided, however, the issuance of a certification does not obligate the Alabama Department of Economic and Community Affairs to provide monies distributed through the Domestic Violence Trust Fund.

(2) Receive at least 10 percent of its funding from one or more local, municipal, or county sources, public or private, provided contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding.

(h)(1) All funds collected and appropriated for certified domestic violence centers shall be distributed equitably by the director.

(2) A contract between the director and a certified domestic violence center shall contain provisions ensuring the availability and geographic necessity of services throughout the service area. For this purpose, a center may distribute funds through subcontracts or to center satellites, if such arrangements and any subcontracts are approved by the director.

(3) The director may allocate funds from the Domestic Violence Trust Fund for the administration and enforcement of Act 2015-493, including law enforcement training.

(i) If any of the minimum services provided under this section are exempted from certification by the director under this section, the domestic violence center may not receive funding from the Alabama Department of Economic and Community Affairs for those services.
Ala. Code § 30-3B-108 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-108
Section 30-3B-108 Notice to Persons Outside State
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this state.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Ala. Code § 30-3B-310 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-310
Section 30-3B-310 Hearing and Order
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) The child custody determination has not been registered and confirmed under Section 30-3B-305 and that:

a. The issuing court did not have jurisdiction under Article 2;

b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or

c. The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child custody determination for which enforcement is sought was registered and confirmed under Section 30-3B-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.

(b) The court may award the fees, costs, and expenses authorized under Section 30-3B-312 and may grant additional relief, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.
Ala. Code § 30-3-42 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-42
Section 30-3-42 Request for Court Records of Another State
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-63 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-63
Section 30-3-63 Filing Fees and Costs
Status: in_force

(a) When a petition seeking an order of income withholding as provided in subsection (a) of Section 30-3-62 is initiated in any case which does not arise pursuant to Title IV-D of the Social Security Act, there shall be collected, by the clerk of the court, the filing fee prescribed for other civil cases, generally, as set forth in Section 12-19-71 and other applicable statutes. The fee shall be collected by the clerk at the time the proceeding is initiated and shall be disbursed as provided in Section 12-19-72 and other appropriate provisions of law. Provided, that when representing or otherwise acting on behalf of the obligee neither the State of Alabama nor any agency thereof, nor any person whom the court finds incapable of payment, upon execution of an affidavit of substantial hardship, as provided in Section 12-19-70, shall be required to pay the fees prescribed by this subsection. The court may order all costs taxed against the obligor to be withheld from the first pay period covered by the support order and, in such instances, to be paid by the employer directly to the clerk of the court. Provided further, the amount of costs taxed against the obligor and withheld from the first pay period shall be over and above any moneys withheld for support, but shall be subject to the limitations of Section 30-3-67.

(b) When an order for income withholding is entered by a court of this state as a part of an original order for the payment of support or as a part of an order in any of the proceedings listed in subsection (a) of Section 30-3-61, there shall be no new or additional filing fee assessed in such cases.
Ala. Code § 30-4-64 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-64
Section 30-4-64 Probation Officers - Appointment; Duties Generally; Service of Process, Etc
Status: in_force

The judge of the juvenile court may call upon the sheriff or any deputy sheriff in the county, any constable in said county, any police or other peace officer in any town or city in said county or any humane or probation officer in said county to serve as probation officer, under the terms of this article, and he may appoint in any particular case, any other discreet person willing to serve in such case as such probation officer. Said officers, when so requested or appointed by said judge, if it will not interfere with the performance of the duties of their respective offices, shall faithfully perform the duties which may be prescribed for them by the court or judge above mentioned and shall promptly make all reports which may be required of him by said court or judge. The sheriff of the county shall serve all writs, processes and papers directed by the court to be served by him, and a suitable allowance shall be made to him by the county commission of such county for his actual disbursements in effecting such service; but all writs or other processes issued from said court in such proceedings may be served by any person designated by the juvenile court, for such purpose, and while such other person is engaged in serving such writs or processes, said person shall have all the power and authority of a sheriff. There shall be no costs of any kind whatever taxed in cases arising under this article.
Ala. Code § 30-5-6 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-6
Section 30-5-6 Hearing on Petition; Temporary Orders
Status: in_force

(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.

(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff or children from abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good cause shown. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.

(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
Ala. Code § 30-7-4 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-4
Section 30-7-4 Coalition Certification; Funding
Status: in_force

(a) Any domestic violence center within the state that desires to become certified by the director may request certification. Upon approval and certification by the Director of the Department of Economic and Community Affairs, a domestic violence center may receive funding appropriated by the Legislature specifically to the Department of Economic and Community Affairs.

(b)(1) The department may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend on an annual basis more than eight percent of the total available funds from the Domestic Violence Trust Fund, or the actual cost of administration, whichever is less.

(2) State funds received by the Alabama Coalition Against Domestic Violence from appropriations by the Legislature may be used for administrative expenses. Administrative expenses paid from state funds shall not exceed eight percent or twenty-five thousand dollars ($25,000), whichever is less, of the total appropriation received on an annual basis.
Ala. Code § 30-3D-402 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-402
Section 30-3D-402 Proceeding to Determine Parentage
Status: in_force

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
Ala. Code § 30-3-172 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-172
Section 30-3-172 Request for Hearing; Purpose of Hearing; Notification of Decision; Appeal; Suspension of License
Status: in_force

(a) Upon receipt of a request for a hearing, the department shall schedule a hearing for the purpose of determining if withholding, restricted use, or suspension of the obligor’s license is appropriate. The department shall stay withholding, restricted use, or suspension of the license pending the outcome of the hearing. The hearing shall be for the purpose of contesting the determination of the department of all of the following: (1) That the obligor is at least six months delinquent in child support payments. (2) That the obligor has not entered into a payment plan approved by the department. (3) If appropriate, that the obligor has failed to comply with a warrant or subpoena relating to a paternity or child support case. (4) That the withholding, restricted use, or suspension of the license is appropriate. No evidence with respect to the appropriateness of the support order or the ability of the obligor to comply with the support order shall be received or considered at the hearing.

(b) If the obligor fails to respond to the notice of intent to withhold, restrict the use of, or suspend a license, fails to timely request a hearing, or fails to appear at a scheduled hearing, the obligor’s defenses, objections, or request for a payment plan shall be considered to be without merit and the department or its agent shall enter a final decision accordingly.

(c) If the department or its agent determines that the obligor is delinquent in making support payments and that the obligor has not entered into a payment plan, or that the obligor has failed to comply with subpoenas or warrants relating to paternity or child support proceedings, the department or its agent shall notify the obligor of the department’s decision and the obligor’s right to seek judicial review of the decision pursuant to the Alabama Administrative Procedure Act by filing a notice of appeal and a cost bond with the department within 30 days of receipt of the agency’s decision. A petition for review shall be filed in the Circuit Court of Montgomery County or the circuit court of the county where a party resides. The filing of a notice of appeal will result in an automatic stay of withholding, restricted use, or suspension of the obligor’s license pending the outcome of the appeal.

(d) If the requirements for seeking judicial review are not met within 30 days, the department shall send a notice to the licensing authority instructing it to suspend the obligor’s license. A determination of the department is independent of any proceeding of the licensing authority to withhold, restrict use of, suspend, revoke, deny, terminate, renew, or issue a license.
Ala. Code § 30-5B-3 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-3
Section 30-5B-3 Judicial Enforcement of Order
Status: in_force

(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.

(b) A court of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.

(c) A court of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.

(d) A court of this state may not enforce under this chapter a provision of a foreign protection order with respect to support.

(e) A foreign protection order is valid if it meets all of the following criteria:

(1) Identifies the protected individual and the respondent.

(2) Is currently in effect.

(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state.

(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal that issued the order or, in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.

(f) A foreign protection order valid on its face is prima facie evidence of its validity.

(g) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

(h) A court of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following criteria are met:

(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state.

(2) The tribunal of the issuing state made specific findings in favor of the respondent.
Ala. Code § 30-2-30 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-30
Section 30-2-30 Grounds
Status: reserved

Repealed by Act 98-105, effective January 1, 1999.
Ala. Code § 30-3A-701 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-701
Section 30-3A-701 Proceeding to Determine Parentage
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-95 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-95
Section 30-4-95 Transmittal of Copies of Orders of Support, Etc., to Court of Initiating State
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-156 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-156
Section 30-3-156 Interference with Custody or Violation of Chapter 3B
Status: in_force

The fact that joint custody has been awarded to both parents shall not preclude a court from finding that one parent has committed the crime of interference with custody as provided in Section 13A-6-45, or has violated the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Chapter 3B of this title.
Ala. Code § 30-7-1 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-1
Section 30-7-1 Adoption of Standards by Alabama Coalition Against Domestic Violence, Incorporated
Status: in_force

The Alabama Coalition Against Domestic Violence, Incorporated, shall assist the Director of the Department of Economic and Community Affairs to establish standards for domestic violence centers for membership in the coalition. Standards shall include minimum standards for the safe and effective provision of services to victims of domestic violence and their children.
Ala. Code § 30-5B-4 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-4
Section 30-5B-4 Nonjudicial Enforcement of Order
Status: in_force

(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.

(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.

(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this chapter.
Ala. Code § 30-3-20 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-20
Section 30-3-20 Short Title
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-169.9 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.9
Section 30-3-169.9 Change of Principal Residence Outside State
Status: in_force

(a) In those instances where the change of principal residence of a child results in the relocation of a child to a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply to actions commenced under this article.

(b) Where the parties have been awarded joint custody, joint legal custody, or joint physical custody of a child as defined in Section 30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, the child shall have a significant connection with this state and a court in fashioning its judgments, orders, or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive, even though the child’s principal residence after the relocation is outside this state.

(c) In a proceeding commenced to modify, interpret, or enforce a final decree under this article, where jurisdiction exists under this section or otherwise as provided by law and where only one person having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, notwithstanding any law to the contrary, venue of all proceedings under this article is changed so that venue will lie either in the original circuit court rendering the final decree or in the circuit court of the county where that person having joint custody, joint legal custody, or joint physical custody has resided for a period of at least three consecutive years immediately preceding the commencement of an action under this article. The person having joint custody, joint legal custody, or joint physical custody who continues to maintain a principal residence in this state shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
Ala. Code § 30-3D-601 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-601
Section 30-3D-601 Registration of Order for Enforcement
Status: in_force

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Ala. Code § 30-3-110 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-110
Section 30-3-110 Civil Action for Order of Retroactive Support
Status: in_force

There is hereby created a civil action to establish an order of retroactive support which may be brought against a non-supporting parent who has a duty to support as the legal parent of a child or children but has failed to provide support. The action may be brought by the parent or guardian with physical or legal custody who is providing the actual care and support for the child or may be brought by the Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action under this section can be brought only if support has not previously been ordered pursuant to a divorce or other action in this or any other jurisdiction.
Ala. Code § 30-3-169.1 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.1
Section 30-3-169.1 Proceedings
Status: in_force

(a) A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.

(b) A non-parent entitled to visitation with a child may commence a proceeding to obtain a revised schedule of visitation, but may not object to the proposed change of principal residence of a child or seek a temporary or permanent order to prevent the change.

(c) A proceeding filed under this section must be filed within 30 days of receipt of notice of a proposed change of principal residence of a child, except that the court may extend or waive the time for commencing such action upon a showing of good cause, excusable neglect, or that the notice required by subsection (b) of Section 30-3-165 is defective or insufficient upon which to base an action under this article.

(d) Except as otherwise specifically provided in this article, the Alabama Rules of Civil Procedure shall apply to all proceedings under this article.
Ala. Code § 30-2-52 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-52
Section 30-2-52 Allowance Upon Grant of Divorce for Misconduct; Certain Property Not Considered
Status: in_force

If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount.
Ala. Code § 30-2-6 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-6
Section 30-2-6 When Husband or Wife May Sue or Defend in Own Name
Status: in_force

A husband or wife under the age of 19 years may file a complaint for any purpose under this chapter in his or her own name without the intervention of a next friend, guardian, or guardian ad litem, and if over the age of 18 years, he or she may defend any action brought under this chapter in his or her own name without the intervention of a next friend, guardian, or guardian ad litem.
Ala. Code § 30-3B-304 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-304
Section 30-3B-304 Temporary Visitation
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state;

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule; or

(3) The visitation provision of a child custody determination of another state by implementing makeup or substitute visitation.

(b) If a court of this state makes an order under subsection (a)(2) or subsection (a)(3), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires.
Ala. Code § 30-4-5 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-5
Section 30-4-5 Property of Wife Subject to Provisions of Chapter
Status: in_force

All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit.
Ala. Code § 30-3D-506 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-506
Section 30-3D-506 Contest by Obligor
Status: in_force

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer that has directly received an income-withholding order relating to the obligor; and

(3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
Ala. Code § 30-1-18 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-18
Section 30-1-18 Probate Judge to Notify District Attorney of Offenses Under Chapter
Status: in_force

It is the duty of the judge of probate to give notice to the district attorney of all offenses under this chapter.
Ala. Code § 30-3-29 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-29
Section 30-3-29 Information Under Oath to Be Submitted to Court; Continuing Duty to Inform
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-606 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-606
Section 30-3D-606 Procedure to Contest Validity or Enforcement of Registered Support Order
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 30-3D-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 30-3D-607.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Ala. Code § 30-3D-208 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-208
Section 30-3D-208 Child-Support Orders for Two or More Obligees
Status: in_force

In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Ala. Code § 30-8-2 — Alabama Code / Title 30 / Chapter 8 / Section 30-8-2
Section 30-8-2 Eligibility for Funding - Certified Network Member; Adoption of Rules
Status: in_force

Any family resource center within the state that meets the standards established in Section 30-8-1 and is certified by the Alabama Network of Family Resource Centers as a member of the network may receive a portion of the funds appropriated from the state to the network. The network shall adopt rules governing the allocation and distribution of federal and state funds to the family resource centers. A notice of the substance of any proposed rule shall be published in the Alabama Administrative Monthly not less than 35 days prior to consideration of the rules at any meeting of the network.
Ala. Code § 30-5B-1 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-1
Section 30-5B-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Ala. Code § 30-5-5 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-5
Section 30-5-5 Standing to File Sworn Petition for Protection Order; Disclosure of Information; Costs and Fees
Status: in_force

(a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff:

(1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.

(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following:

a. A minor child.

b. Any person prevented by physical or mental incapacity from seeking a protection order.

(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks’ offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting their case to the court.

(c) A sworn petition shall allege the incidents of abuse, the specific facts and circumstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears subsequent acts of abuse by the defendant.

(d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim’s immediate family and to clearly provide law enforcement with sufficient directives.

(e) Any plaintiff who files a petition under this chapter may do so through an attorney or may represent himself or herself throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.

(f)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk’s office: The plaintiff’s home address and, if applicable, business address; a plaintiff’s home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff’s family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.

(2) If disclosure of the plaintiff’s address, the address of any member of the plaintiff’s family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.

(3) If the plaintiff has not disclosed an address or telephone number under this section, the plaintiff shall satisfy one of the following requirements:

a. Designate and provide to the court an alternative address.

b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.

(g)(1) No court costs or fees shall be assessed for the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order or a petition for a protection order under this chapter.

(2) No court costs or fees shall be assessed for the issuance of a witness subpoena under this chapter.

(3) Costs and fees may be assessed against the defendant at the discretion of the court.
Ala. Code § 30-4-7 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-7
Section 30-4-7 Husband Not Liable for Postnuptial Contracts and Torts of Wife
Status: in_force

The husband is not liable for the debts or engagements of the wife, contracted or entered into after marriage, or for her torts in the commission of which he does not participate, but the wife is liable for such debts or engagements, or for her torts, and is suable therefor as if she were sole.
Ala. Code § 30-3A-302 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-302
Section 30-3A-302 Action by Minor Parent
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-31 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-31
Section 30-3-31 Appearance of Parties and Child; Notice; Expenses
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-2-56 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-56
Section 30-2-56 Interim Alimony
Status: in_force

(a)(1) In an action for divorce, legal separation, or annulment, the court may award either spouse interim alimony based upon a showing of all of the following:

a. The spouse maintains the validity of the marriage.

b. The spouse needs interim alimony, after taking into consideration any other financial contributions provided by the other spouse pursuant to other interim orders of the court.

c. The other spouse has the ability to pay interim alimony.

(2) An award under subdivision (1) may be made retroactive to the date of the filing of the complaint. The amount awarded shall be based on the applicable factors for awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f) of Section 30-2-57.

(b) An order awarding interim alimony may be terminated or prospectively modified at any time prior to the entry of a final judgment for good cause shown. In case of an emergency, the court may order or prospectively modify interim alimony without notice to the other party pursuant to Rule 65, Alabama Rules of Civil Procedure, subject to the right of the other party to a hearing as soon as practicable for the purpose of determining whether the emergency order should be dissolved, maintained, or modified.

(c) An order awarding interim alimony shall automatically terminate upon entry of the final judgment, the voluntary dismissal of all pending claims, or the abatement of the proceedings, subject to the following:

(1) The jurisdiction of the court to continue or prospectively modify the interim alimony during a pending appeal, including a petition for a writ of certiorari, of the final judgment.

(2) The right of either party to file a subsequent action to recover any arrearage or overage accumulated prior to the termination of the order.

(d) In an action for divorce, legal separation, annulment, or appeals thereof, the court may award out of the marital property or current income reasonable interim fees, costs, and litigation expenses, including discovery, expert witnesses, guardians ad litem, special masters, and attorney fees, to enable each party to have equitable access to the marital property to pursue or defend the action. A denial of the requested motion for interim fees, costs, and litigation expenses does not preclude the court from making such an award. Upon final order, the court shall consider any award or other payments made for interim fees, costs, or litigation expenses.
Ala. Code § 30-3A-604 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-604
Section 30-3A-604 Choice of Law
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-2-55 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-55
Section 30-2-55 Termination of Alimony Upon Remarriage or Cohabitation with Another Individual
Status: in_force

(a) For the purposes of this section, “cohabiting” means the act of two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations that are usually manifested by married individuals, and which include, but are not necessarily dependent on, sexual relations.

(b) Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of the alimony upon petition of a party to the decree and proof that the spouse receiving alimony has remarried or that the spouse is cohabiting with another individual.
Ala. Code § 30-6-13 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-13
Section 30-6-13 Construction of Chapter
Status: reserved

“The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to domestic relations, domestic violence, and law enforcement; and provided, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 30-3-43 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-43
Section 30-3-43 International Application
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-196 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-196
Section 30-3-196 State Case Registry
Status: in_force

(a) The state Title IV-D agency shall maintain a central repository of case information, which shall be known as the State Case Registry and shall contain records with respect to:

(1) Each case in which services are being provided by the state Title IV-D agency.

(2) Each support order established or modified in the state on or after October 1, 1998.

(b) The records in the State Case Registry shall use standardized data elements for both parents, such as names, Social Security numbers and other uniform identification numbers, dates of birth, case identification numbers, and contain other information as federal regulations may require.

(c) Each case record in the State Case Registry with respect to which services are being provided by the state Title IV-D agency and with respect to which a support order has been established shall include a record of the following:

(1) The amount of monthly or other periodic support owed under the order, and other amounts including arrearages, interest, and fees due or overdue under the order.

(2) Any amount described in subdivision (1) that has been collected.

(3) The distribution of the collected amounts.

(4) The birth date of any child for whom the order requires the provision of support.

(5) The amount of any lien imposed with respect to the order.

(d) The state agency maintaining the State Case Registry shall promptly establish and update, maintain, and regularly monitor, case records in the State Case Registry with respect to which services are being provided under the state Title IV-D child support program.

(e) Information from the State Case Registry shall be used to carry out the responsibilities of the Title IV-D child support program. Such usage shall include:

(1) Furnishing to the Federal Case Registry of Child Support Orders information on child support cases recorded in the State Case Registry that is necessary to operate the federal registry as specified by federal regulations.

(2) Exchanging information with the Federal Parent Locator Service for the purposes of location of individuals and the enforcement of orders.

(3) Exchanging such information with agencies of this state and of other states administering federally funded programs, including Temporary Assistance to Needy Families and Medicaid, as necessary to carry out the responsibilities of the child support program and those of the other involved programs.

(4) Exchanging such information with other agencies of the state, agencies of other states, and interstate information networks, as necessary and appropriate to carry out or assist other states to carry out the purposes of the child support program.
Ala. Code § 30-1-16 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-16
Section 30-1-16 Correction of Vital Error in Marriage Records
Status: in_force

In all marriages where a vital records error has been made, the parties to the marriage may file amended affidavits, forms, and data with the judge of probate. The fee for filing amended affidavits, forms, and data shall be the same as for an original filing. The amended affidavits, forms, and data shall state that they are amended and shall reference the date in which the original affidavits, forms, and data were filed. The judge of probate shall record the amended affidavits, forms, and data if agreed to by the parties and shall forward a one page decree of correction to the Office of Vital Statistics. If the parties cannot agree on the one page decree of correction, either party may file an action in circuit court to correct the error.
Ala. Code § 30-3D-603 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-603
Section 30-3D-603 Effect of Registration for Enforcement
Status: in_force

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Ala. Code § 30-3-30 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-30
Section 30-3-30 Additional Parties
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-66 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-66
Section 30-3-66 Obligor and Employer to Give Notice of Change of Employment or Termination of Income; Service of Order on New Employer; Cost of Service
Status: in_force

The obligor and any employer upon whom an income withholding order has actually been served, including successive employers, shall notify the court office collecting the support payments of any changes in employment and the name and address, if known, of any new employer or of any termination of periodic benefits which constitute income. The collecting office shall, in turn, notify the obligee of any such change and of the right to file a written request for service upon any new employer of the obligor. If the income withholding order has previously been served upon an employer, upon the filing of a written request by the obligee indicating the name and address of any new employer of the obligor and the payment of the actual cost of service as further provided in this section, the clerk of the court shall cause to be served, pursuant to Alabama Rules of Civil Procedure, a copy of the income withholding order upon any new employer. The cost of service shall be taxed against the obligor at the time the order is served. The new employer shall file an answer as provided in this article acknowledging receipt of the order within 14 days of actual receipt of the order. Actual cost of service for the purposes of this section shall mean the amount prescribed by law for the service of process upon an additional defendant in a civil proceeding or the actual cost of certified mail when that mode of service is requested.
Ala. Code § 30-2-10 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-10
Section 30-2-10 Sixty-Day Restriction on Remarriage of Parties After Grant of Divorce or Pending Appeal of Divorce
Status: in_force

When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each other, until 60 days after the judgment is entered, and that if an appeal is taken within 60 days, neither party shall again marry, except to each other, during the pendency of the appeal.
Ala. Code § 30-4-63 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-63
Section 30-4-63 Proceedings Upon Violation of Terms of Support Order or Probation Bond
Status: in_force

If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice and hearing, that the defendant has violated the terms of any such order of support or the terms of any such probation bond, said judge may forthwith, or after further probation, make and enter an order setting aside such suspension of said judgment and sentence, and may issue a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail or to the sheriff of such county, to serve such sentence, as if same had never been suspended. Said judge, in such contingency, shall have the right and authority, whether said defendant is allowed further probation or not, to declare said bond or recognizance forfeited, and the sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use of defendant’s wife or children, or both, in the same manner as other money is provided in this article to be so paid, and shall be expended for such use as is provided in this article. In the event of the violation of the terms of any such probation bond taken or filed in such juvenile court, the judge of such court shall have the right to transmit said bond, together with his certificate to the effect of the failure of the said principal and sureties thereon to carry out and discharge their undertakings in said bond, to the clerk of the circuit court of such county. And in the event of such certification by the judge of that court to the clerk of the circuit court, it shall be the duty of the clerk of the circuit court to at once bring the same to the attention of the judge or judges of said court, who shall proceed to enter a forfeiture of said bond so transmitted in the manner and form now provided for the forfeiting of bonds in the circuit court, after which writs and orders of execution shall issue thereon as now provided by law upon the forfeiture of bonds in criminal cases in said circuit court.
Ala. Code § 30-3B-103 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-103
Section 30-3B-103 Proceedings Governed by Other Law
Status: in_force

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Ala. Code § 30-3-132 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-132
Section 30-3-132 Factors Court Must Consider
Status: in_force

(a) In addition to other factors that a court is required to consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of domestic or family violence the court shall consider each of the following:

(1) The safety and well-being of the child and of the parent who is the victim of family or domestic violence.

(2) The perpetrator’s history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person.

(b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation may not be a factor that weighs against the parent in determining the custody or visitation.
Ala. Code § 30-3D-309 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-309
Section 30-3D-309 Private Counsel
Status: in_force

An individual may employ private counsel to represent the individual in a proceeding authorized by this chapter.
Ala. Code § 30-2-58 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-58
Section 30-2-58 Applicability of Sections 30-2-56 and 30-2-57
Status: in_force

Sections 30-2-56 and 30-2-57 govern actions for divorce, legal separation, or annulment filed on or after January 1, 2018. The law in effect before January 1, 2018, shall continue to govern any action concerning alimony in any case concerning divorce, legal separation, or annulment that was filed before January 1, 2018.
Ala. Code § 30-3-176 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-176
Section 30-3-176 Fees and Costs
Status: in_force

Notwithstanding any other provisions of law, the licensing authority may charge the obligor a fee to cover administrative costs incurred by the licensing authority in carrying out this article, which fee is to be used exclusively by the licensing authority for the purpose of administering this article. In the event that a license is withheld, suspended, or revoked, or its use restricted, any monies paid by the obligor to the licensing authority for costs related to its issuance, reissuance, renewal, or maintenance shall not be refunded to the obligor.