Ala. Code § 30-3-198 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-198
Section 30-3-198 Notice of Lien
Status: in_force

(a) The state Title IV-D agency, by or through any employee, agent, or representative, shall file a notice of a lien against any real or personal property of any noncustodial parent who resides or owns property in this state and owes past due child support payments under 42 U.S.C.A. Section 666(a) (4) as follows: (i) liens against any real property shall be filed in the office of the judge of probate where the real property is located; (ii) liens against personal property, other than personal property subject to a certificate of title, shall be filed in the office of the Secretary of State in the records where Uniform Commercial Code financing statements are filed; and (iii) liens against personal property which is subject to a certificate of title shall be filed in the office of the Alabama Department of Revenue on such forms as may be prescribed by the Department of Revenue and upon delivery to the Department of Revenue of the outstanding certificate of title on the personal property and payment of the fees required under the provisions of the Uniform Certificate of Title and Anti-Theft Act, Section 32-8-1, et seq.

(b) Upon the filing of a notice, a lien shall arise by operation of law and shall serve as notice of the contents from the time of the filing of the notice. The lien shall be subject and subordinate to the following:

(1) Mortgages, security interests, and other liens perfected, filed, or recorded prior to the time the state Title IV-D agency lien is recorded.

(2) Right of set-off.

(3) Purchase money security interests and other purchase money liens.

(4) Mechanic and materialmen liens.

(c) The state shall accord full faith and credit to liens arising from any judicial or administrative action in another state. When the state Title IV-D employee, agent, or representative seeks to enforce a lien or a judicial order, notice shall not be required. The state Title IV-D agency shall not be required to obtain a judgment for an amount certain prior to filing for the enforcement of a lien.
Ala. Code § 30-3D-712 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-712
Section 30-3D-712 Personal Information; Limit on Use
Status: in_force

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
Ala. Code § 30-3D-306 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-306
Section 30-3D-306 Inappropriate Tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
Ala. Code § 30-5B-10 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-10
Section 30-5B-10 Transitional Provision
Status: in_force

This chapter applies to protection orders issued before January 1, 2004, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2004. A request for enforcement of a foreign protection order made on or after January 1, 2004, for violations of a foreign protection order occurring before January 1, 2004, is governed by this chapter.
Ala. Code § 30-3-69 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-69
Section 30-3-69 Liability of Employers Who Fail to Answer or Fail or Refuse to Withhold
Status: in_force

An employer who willfully fails or refuses to withhold or pay the amounts as ordered may be held to be in contempt of court. Additionally, such employer may be personally liable to the obligee for failure to answer or withhold, and in such cases conditional and final judgment for the amounts ordered to be withheld may be entered by the court and against the employer as in the case of conditional and final judgment against a garnishee for failure to answer, as provided in Section 6-6-457.
Ala. Code § 30-3A-318 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-318
Section 30-3A-318 Assistance with Discovery
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3C-13 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-13
Section 30-3C-13 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 30-3A-206 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-206
Section 30-3A-206 Enforcement and Modification of Support Order by Tribunal Having Continuing Jurisdiction
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-7-3 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-3
Section 30-7-3 State Funding
Status: in_force

Any domestic violence center within the state that meets the standards established by this chapter and is certified by the Department of Economic and Community Affairs as a full member in the coalition or other qualified entity shall be eligible to receive funds that are appropriated from the Domestic Violence Trust Fund or any other state funds to the coalition or other qualified entity.
Ala. Code § 30-4-8 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-8
Section 30-4-8 Capacity of Wife to Contract
Status: in_force

The wife has full legal capacity to contract as if she were sole, except as otherwise provided by law.
Ala. Code § 30-3B-107 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-107
Section 30-3B-107 Priority
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Ala. Code § 30-3A-309 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-309
Section 30-3A-309 Private Counsel
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-60 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-60
Section 30-4-60 Suspension of Sentence After Portion Served
Status: in_force

The judge of the juvenile court may, after a part of such sentence has been served, also release the defendant from such sentence to jail or hard labor and suspend the remaining part thereof, and may make such order of support and release the defendant on probation subject to the same terms and conditions as provided for the probation of defendants not serving such sentence.
Ala. Code § 30-5A-7 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-7
Section 30-5A-7 Chapter to Be Construed in Pari Materia with Certain Laws
Status: reserved

The provisions of this chapter shall be construed in pari materia with all laws which relate to punishment and sentences for any civil or criminal offense, including, but not limited to, contempt of court, domestic abuse, child abuse, family abuse, or juvenile abuse, and the punishment and sentences provided in Chapter 5 of Title 13A. All laws which otherwise conflict with this chapter are repealed only to the extent of the conflict.
Ala. Code § 30-3-169.5 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.5
Section 30-3-169.5 Obstructions to Custody or Visitation
Status: in_force

If on final hearing the change of principal residence of a child is permitted, the court may require the person seeking to change the principal residence of a child to provide reasonable security guaranteeing that the custody of and visitation with the child will not be interrupted or obstructed by the relocating party.
Ala. Code § 30-4-97 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-97
Section 30-4-97 Transmittal of Payments Received, Etc., to Court of Initiating State
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-174 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-174
Section 30-3-174 Implementation by Licensing Authority of Withholding, Etc.; Additional Review Precluded; Continuation of Withholding, Etc.; Exemption of Licensing Authority from Liability
Status: in_force

(a) Upon receipt of a notice from the department or its agent to withhold, restrict use of, suspend, or revoke a license, a licensing authority shall implement the withholding, restricted use, suspension, or revocation of the license by doing all of the following:

(1) Determining that it has issued a license to the obligor whose name appears on the notice.

(2) Entering the suspension or revocation on the appropriate records.

(3) If required by law, demanding surrender of the suspended or revoked license.

(b) A notice issued by the department or its agent to withhold, restrict use of, suspend, or revoke a license shall be processed by the licensing authority without any additional review or hearing by the licensing authority. The licensing authority shall have no jurisdiction to modify, reword, reverse, vacate, or stay the decision of the department or its agent.

(c) Any decision issued by the department or its agent to withhold, restrict use of, suspend, or revoke a license continues until the department or its agent advises the licensing authority that the decision to withhold, restrict use of, suspend, or revoke has been stayed or is no longer in effect. While the department’s decision is in effect, the licensing authority may not issue, reissue, or renew the obligor’s license.

(d) The licensing authority is exempt from any liability to the licensee for activities conducted in compliance with this article.
Ala. Code § 30-3B-403 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-403
Section 30-3B-403 Effective Date
Status: in_force

This chapter takes effect January 1, 2000.
Ala. Code § 30-4-10 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-10
Section 30-4-10 Assignment of Insurance Policy Designating Wife as Beneficiary as Security for Indebtedness Exempted from Prohibition Against Contracts of Suretyship by Wife
Status: reserved

The assignment of a life insurance policy, wherein the wife of the insured is designated as beneficiary and wherein the right is reserved to the insured to change the beneficiary, shall, to the extent of any indebtedness secured by the assignment of such policy, be free from and not subject to any law or laws forbidding the wife from becoming surety for the debts of her husband.
Ala. Code § 30-3D-319 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-319
Section 30-3D-319 Receipt and Disbursement of Payments
Status: in_force

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Ala. Code § 30-4-90 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-90
Section 30-4-90 Testimony of Husband and Wife; Communications Between Husband and Wife Not Privileged
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3D-207 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-207
Section 30-3D-207 Determination of Controlling Child-Support Order
Status: in_force

(a) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child-support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:

(A) an order issued by a tribunal in the current home state of the child controls; or

(B) if an order has not been issued in the current home state of the child, the order most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child-support order, which controls.

(c) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in Section 30-3D-205 or 30-3D-206.

(f) A tribunal of this state that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 30-3D-209.

(g) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
Ala. Code § 30-4-98 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-98
Section 30-4-98 Remedies Cumulative
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-2-54 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-54
Section 30-2-54 Award of Attorney Fees in Action Where Contempt Citation Issued
Status: in_force

In all actions for divorce or for the recovery of alimony, maintenance, or support in which a judgment of divorce has been issued or is pending and a contempt of court citation has been made by the court against either party, the court may, of its discretion, upon application therefor, award a reasonable sum as fees or compensation of the attorney or attorneys representing both parties.
Ala. Code § 30-3B-106 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-106
Section 30-3B-106 Effect of Child Custody Determination
Status: in_force

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 30-3B-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Ala. Code § 30-3A-301 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-301
Section 30-3A-301 Proceedings Under Chapter
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-602 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-602
Section 30-3D-602 Procedure to Register Order for Enforcement
Status: in_force

(a) Except as otherwise provided in Section 30-3D-706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;

(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(A) the obligor’s address and Social Security number;

(B) the name and address of the obligor’s employer and any other source of income of the obligor; and

(C) a description and the location of property of the obligor in this state not exempt from execution; and

(5) except as otherwise provided in Section 30-3D-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(d) If two or more orders are in effect, the person requesting registration shall:

(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(2) specify the order alleged to be the controlling order, if any; and

(3) specify the amount of consolidated arrears, if any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Ala. Code § 30-3A-613 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-613
Section 30-3A-613 Jurisdiction to Modify Child-Support Order of Another State When Individual Parties Reside in This State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-7-6 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-6
Section 30-7-6 Perpetrator Counseling Programs
Status: in_force

(a) The director, in consultation with the Alabama Coalition Against Domestic Violence, Incorporated or other qualified entity, as provided in subsection (b) of Section 30-7-2, the Alabama Network of Family Resource Centers, and the Alabama Department of Mental Health, shall establish the content of batterers’ intervention programs in order to direct services to those persons who are adjudged to have committed an act of domestic violence, as defined in Section 30-5-2, those against whom an injunction for protection against domestic violence is entered, those referred by the court, and those who volunteer to attend such programs.

(b) The facilitators, supervisors, and trainees of the program shall be certified to provide these programs through initial certification by the Department of Economic and Community Affairs, and the programs and personnel shall be annually recertified by the department to ensure that they meet specified standards.

(c) The programs shall be funded through reasonable fees collected from the batterers who attend the programs, except the programs may be funded, in whole or in part, from any local, state, or federal program that provides funding for batterers’ intervention programs. Fees may be waived if a participant has an income level at or below 125 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services.

(d) The court making referrals may not refer victims or their family or household members to batterers’ intervention programs. The court shall only order an adjudicated perpetrator of domestic violence to batterers’ intervention programs.
Ala. Code § 30-4-57 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-57
Section 30-4-57 Proof of Marriage and Parenthood; Communications Between Husband and Wife Not Privileged; Testimony of Husband and Wife; Evidence of Willful Abandonment or Desertion
Status: in_force

No other evidence shall be required to prove marriage of such husband and wife or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this article, any existing provisions of the law prohibiting the disclosure of confidential communication between husband and wife shall not apply, and both husband and wife shall be competent and compellable witnesses to testify to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof that a person has left his wife, child or children in destitute or necessitous circumstances, or has not contributed reasonably to their support for a period of 10 days after his departure, shall constitute prima facie evidence of willful intention to abandon or desert his said family.
Ala. Code § 30-3D-608 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-608
Section 30-3D-608 Confirmed Order
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Ala. Code § 30-3D-316 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-316
Section 30-3D-316 Special Rules of Evidence and Procedure
Status: in_force

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 30 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Ala. Code § 30-3D-711 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-711
Section 30-3D-711 Modification of Convention Child-Support Order
Status: in_force

(a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this state does not modify a Convention child-support order because the order is not recognized in this state, Section 30-3D-708(c) applies.
Ala. Code § 30-3-167 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-167
Section 30-3-167 Disclosure Exceptions
Status: in_force

(a) In order to protect the identifying information of persons at risk from the effects of domestic violence or abuse, on a finding by the court that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164 in conjunction with a proposed change of principal residence of a child or change of principal residence of a person having custody of or rights of visitation with a child, the court may order any or all of the following:

(1) The specific residence address and telephone number of a child or the person having custody of or rights of visitation with a child and other identifying information shall not be disclosed in the pleadings, other documents filed in the proceeding, or in any order issued by the court, except for in camera disclosures.

(2) The notice requirements provided by this article may be waived to the extent necessary to protect confidentiality and the health, safety, or liberty of a person or a child.

(3) Any other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the interests of the child.

(b) If appropriate, the court may conduct an ex parte hearing under subsection (a). Issuance of a final order of protection under Sections 30-5-1 to 30-5-11, inclusive; a conviction for domestic violence pursuant to Sections 13A-6-130 to 13A-6-135, inclusive; or an award of custody of the child pursuant to Sections 30-3-131 to 30-3-135, inclusive, shall be considered prima facie evidence that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of identifying information or by compliance with the notice requirements of this article.
Ala. Code § 30-3-5 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-5
Section 30-3-5 Venue of All Proceedings Seeking Modification of Child Custody, Visitation Rights, or Child Support
Status: in_force

Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree awarding custody of a child or children to a parent and/or granting visitation rights, and/or awarding child support, and/or awarding other expenses incident to the support of a minor child or children, and/or granting post-minority benefits for a child or children is changed so that venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the circuit court of the county where both the current custodial parent or, in the case of post-minority benefits, where the most recent custodial parent, that parent having custody at the time of the child’s attaining majority, and the child or children have resided for a period of at least three consecutive years immediately preceding the filing of the petition or other action. The current or most recent custodial parent shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
Ala. Code § 30-1-3 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-3
Section 30-1-3 Issue of Incestuous Marriages Not Deemed Illegitimate
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 30-3A-608 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-608
Section 30-3A-608 Confirmed Order
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-311 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-311
Section 30-3A-311 Pleadings and Accompanying Documents
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-35 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-35
Section 30-3-35 Filing and Enforcement of Custody Decree of Another State; Expenses
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-113 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-113
Section 30-3-113 Marital Status of Non-supporting Parent Irrelevant
Status: in_force

An order of retroactive support may be awarded against the non-supporting parent irrespective of the marital status of the parties.
Ala. Code § 30-3B-202 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-202
Section 30-3B-202 Continuing, Exclusive Jurisdiction
Status: in_force

(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203 has continuing, exclusive jurisdiction over the determination until:

(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or

(2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.

(b) A court of this state which has made a child custody determination and does not have continuing, exclusive jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 30-3B-201.
Ala. Code § 30-3D-710 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-710
Section 30-3D-710 Foreign Support Agreement
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) a complete text of the foreign support agreement; and

(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) the agreement was obtained by fraud or falsification;

(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or

(4) the record submitted under subsection (b) lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Ala. Code § 30-3D-204 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-204
Section 30-3D-204 Simultaneous Proceedings
Status: in_force

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state or foreign country is the home state of the child.
Ala. Code § 30-3D-801 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-801
Section 30-3D-801 Grounds for Rendition
Status: in_force

(a) For purposes of this article, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Ala. Code § 30-3D-206 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-206
Section 30-3D-206 Continuing Jurisdiction to Enforce 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 may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Ala. Code § 30-3-168 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-168
Section 30-3-168 Failure to Give Notice
Status: in_force

(a) Except as provided in Section 30-3-167, if a person required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to provide the notice or the information required by subsection (b) of Section 30-3-165, the court shall consider the failure to provide such notice or information as a factor in making its determination regarding the change of principal residence of a child; a factor in determining whether custody or visitation should be modified; a factor for ordering the return of the child to the former residence of the child if the change of principal residence of a child has taken place without notice; a factor meriting a deviation from the child support guidelines; a factor in awarding increased transportation and communication expenses with the child; and a factor in considering whether the person seeking to change the principal residence of a child may be ordered to pay reasonable costs and attorney’s fees incurred by the person objecting to the change.

(b) Additionally, the court may make a finding of contempt of court if a party willfully and intentionally violates the notice requirement of an order issued by any court pursuant to Section 30-3-166 and may impose the sanctions authorized by law or rule of court for disobedience of a court order.
Ala. Code § 30-3A-203 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-203
Section 30-3A-203 Initiating and Responding Tribunal of State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-1-17 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-17
Section 30-1-17 Correction of Marriage Records
Status: in_force

(a) When the records pertaining to a marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage license was issued shall correct or perfect the same upon proper petition being filed by either party to the marriage, or someone delegated or authorized by him or her, in his or her name and behalf, giving the names and residences of the parties to the marriage, if known, and if the residence is not known, an affidavit by petitioner or petitioner’s attorney that the residence is not known and that diligent effort has been made to ascertain the same, together with a clear statement setting up wherein the record of the marriage should be corrected or perfected. Notice of the time and place set for hearing the application shall be given for at least six days by personal service thereof, if the other party resides in the State of Alabama, unless both parties join in the petition, and in such case the petition may be set down for an immediate hearing. If the other party to the marriage is a nonresident or has absented himself or herself from the state for six months or longer and his or her address is known, then service may be made by sending a copy of the petition by registered or certified mail, with return receipt requested, to the address of the other party. If the address is not known, service may be made by advertisement in a newspaper published in the county where petition is filed by one weekly insertion therein.

(b) The judge of probate shall, after the filing of the petition and proof of service is made, hear any competent evidence that may be offered or such as may be required by him, and if he is satisfied from the proof made that the record of marriage in his office is incorrect or incomplete, he may thereupon enter a decree correcting or perfecting the same in the manner prayed for in the petition.

(c) The decree made and entered as herein provided shall be recorded in a permanent record in the office of the judge of probate and a copy thereof, certified as prescribed by law, shall be admissible evidence and prima facie proof in any court of the correctness of the facts stated therein.

(d) The costs of the proceeding authorized by this section shall be taxed and paid as provided by law in other proceedings in the probate courts of this state.
Ala. Code § 30-3D-308 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-308
Section 30-3D-308 Duty of Attorney General
Status: in_force

(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

(b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Ala. Code § 30-1-7 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-7
Section 30-1-7 Persons Authorized to Solemnize Marriages
Status: in_force

(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.

(b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.

(c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
Ala. Code § 30-3D-901 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-901
Section 30-3D-901 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 30-3A-609 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-609
Section 30-3A-609 Procedure to Register Child-Support Order of Another State for Modification
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-67 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-67
Section 30-3-67 Withholding Orders to Have Priority Over Garnishments or Any Other Legal Process Against the Same Income; Maximum Withholding Allowable
Status: in_force

Any order to withhold income issued and served upon any employer of the obligor pursuant to this article shall have priority over any writ of garnishment or any other state legal process against the same income of the obligor whether the writ of garnishment or other process was served prior or subsequent to the order of income withholding. Any order for income withholding issued pursuant to this article may exceed the statutory maximum amounts prescribed in Section 6-10-7 for garnishment proceedings in Alabama, but such order, including amounts taxed against the obligor as court costs, may not exceed the maximum statutory amounts prescribed under federal law for garnishments issued to enforce support obligations. Provided, if an obligor’s income is subject to more than one withholding order or a current writ of garnishment for child support and a withholding order, the total amounts withheld may not exceed the statutory maximums herein prescribed and the current month’s support payments shall be satisfied before any arrearages are satisfied.
Ala. Code § 30-3D-703 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-703
Section 30-3D-703 Relationship of the Department of Human Resources to United States Central Authority
Status: in_force

The Department of Human Resources is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Ala. Code § 30-3D-310 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-310
Section 30-3D-310 Duties of the Department of Human Resources
Status: in_force

(a) The Department of Human Resources is the state information agency under this chapter.

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(4) obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and Social Security.
Ala. Code § 30-3B-307 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-307
Section 30-3B-307 Simultaneous Proceedings
Status: in_force

If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Ala. Code § 30-4-34 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-34
Section 30-4-34 Disposal of Interest in Real Estate by Spouse of Insane Person - Entry of Judgment
Status: in_force

If upon the hearing of the evidence the court is of the opinion that the authority sought to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted, the court shall enter judgment granting such authority for such a period of time as the court deems proper.
Ala. Code § 30-3B-111 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-111
Section 30-3B-111 Taking Testimony in Another State
Status: in_force

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Ala. Code § 30-3D-612 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-612
Section 30-3D-612 Recognition of Order Modified in Another State
Status: in_force

If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:

(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Ala. Code § 30-3B-201 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-201
Section 30-3B-201 Initial Child Custody Jurisdiction
Status: in_force

(a) Except as otherwise provided in Section 30-3B-204, a court of this state has jurisdiction to make an initial child custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207 or 30-3B-208, and:

a. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

b. Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 30-3B-207 or 30-3B-208; or

(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).

(b) Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(c) Physical presence of a child is not necessary or sufficient to make a child custody determination.
Ala. Code § 30-3-169.10 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.10
Section 30-3-169.10 Appeal
Status: in_force

An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters a temporary order under Section 30-3-169.2, the court may not stay an order enjoining a change in principal residence of a child pending appeal.
Ala. Code § 30-3C-4 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-4
Section 30-3C-4 Actions for Abduction Prevention Measures
Status: in_force

(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.

(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter. This chapter creates no new requirement on the Department of Human Resources or any other social services agency or entity to file a petition seeking abduction prevention measures on behalf of a child.
Ala. Code § 30-4-35 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-35
Section 30-4-35 Disposal of Interest in Real Estate by Spouse of Insane Person - Judgment to Be Filed in Probate Office of County Where Real Estate Situated; Filing Cost
Status: in_force

If the court enters the judgment granting the relief sought, the register or clerk shall file a certified copy of such judgment in the probate office of the county in which is situated the real estate he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment shall be taxed as part of the costs in the case.
Ala. Code § 30-4-93 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-93
Section 30-4-93 Powers and Duties of Court of State Acting as Responding State Generally
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-1-11 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-11
Section 30-1-11 Penalty for Solemnization of Marriage Without License
Status: reserved

Repealed by Act 2019-340, §3, effective August 29, 2019.
Ala. Code § 30-3D-609 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-609
Section 30-3D-609 Procedure to Register Child-Support Order of Another State for Modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in Sections 30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Ala. Code § 30-4-84 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-84
Section 30-4-84 Choice of Laws; Presumption as to Presence of Obligor
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-163 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-163
Section 30-3-163 Change of Principal Residence - Child
Status: in_force

Except as provided by Section 30-3-167, a person who has the right to establish the principal residence of the child shall provide notice to every other person entitled to custody of or visitation with a child of a proposed change of the child’s principal residence as required by subsection (b) of Section 30-3-165.
Ala. Code § 30-3-195 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-195
Section 30-3-195 State Disbursement Unit
Status: in_force

(a) The state Title IV-D agency shall establish and operate a unit, which shall be known as the State Disbursement Unit, for the collection and disbursement of payments made under support orders as follows:

(1) In all cases being enforced by the state pursuant to Title IV-D of the Social Security Act.

(2) In all cases not being enforced by the state Title IV-D agency in which the support order is initially issued in the state on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding under state law.

(b) The State Disbursement Unit shall be operated directly by the state Title IV-D agency or by a contractor responsible directly to the state Title IV-D agency.

(c) The responsibilities of the State Disbursement Unit shall include the following:

(1) Receipt of payments from parents, employers, and other states’ agencies, and for disbursements to custodial parents and other obligees, the state agency, and the agencies of other states.

(2) Accurate identification of payments received.

(3) Prompt disbursement of the custodial parent’s share of any payment.

(4) Furnishing to any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent, except that in cases described in subsection (a), the State Disbursement Unit shall not be required to convert and maintain in automated form records of payments kept for cases not subject to Title IV-D of the Social Security Act before July 1, 1997.

(5) Provide one location for employers to which income withholding payments are sent.

(d) The State Disbursement Unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal with respect to such arrearages.

(e) A certified copy of the computer generated report or record from the State Disbursement Unit shall be admissible as evidence pursuant to Rule 902 of the Alabama Rules of Evidence.
Ala. Code § 30-3A-313 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-313
Section 30-3A-313 Costs and Fees
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-301 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-301
Section 30-3D-301 Proceedings Under Chapter
Status: in_force

(a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.

(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
Ala. Code § 30-4-33 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-33
Section 30-4-33 Disposal of Interest in Real Estate by Spouse of Insane Person - Motion; Exception as to Homestead; Date for Hearing; Notice to Insane Spouse; Appointment of Guardian Ad Litem
Status: in_force

Whenever any such married person whose spouse is insane desires authority to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person shall file a complaint in the circuit court, setting forth the fact that his or her spouse is insane, that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of real estate, not including a homestead, as if single, and that said complaint is not for the purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint, the same shall be presented to the judge of the court, who shall enter an order fixing the day for hearing, providing that notice shall be given the insane spouse, the manner of giving such notice and appointing a guardian ad litem to represent the interest of said insane spouse.
Ala. Code § 30-3-39 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-39
Section 30-3-39 Hearings and Studies in Another State; Orders to Appear
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-36 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-36
Section 30-3-36 Registry of Out-of-State Custody Decrees and Proceedings
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-178 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-178
Section 30-3-178 Applicability of Article to Courts and Agencies of Other States and United States
Status: in_force

This article shall apply to support ordered by a court of this or any other state, territory, or district of the United States including support ordered by any administrative agency having the authority to issue a support order.
Ala. Code § 30-3D-209 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-209
Section 30-3D-209 Credit for Payments
Status: in_force

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
Ala. Code § 30-3C-10 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-10
Section 30-3C-10 Duration of Abduction Prevention Order
Status: in_force

An abduction prevention order remains in effect until the earliest of:

(1) the time stated in the order;

(2) the emancipation of the child;

(3) the child’s attaining 19 years of age; or

(4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 30-3B-201 through 30-3B-203 of the Uniform Child Custody Jurisdiction and Enforcement Act.
Ala. Code § 30-3-131 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-131
Section 30-3-131 Determination Raises Rebuttable Presumption That Custody with Perpetrator Detrimental to Child
Status: in_force

In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.
Ala. Code § 30-3B-208 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-208
Section 30-3B-208 Jurisdiction Declined by Reason of Conduct
Status: in_force

(a) Except as otherwise provided in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) A court of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203 determines that this state is a more appropriate forum under Section 30-3B-207; or

(3) No court of any other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through 30-3B-203.

(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 30-3B-201 through 30-3B-203.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
Ala. Code § 30-2-12 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-12
Section 30-2-12 Divorce for Pregnancy of Wife at Time of Marriage Bastardizes Issue
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 30-2-7 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-7
Section 30-2-7 Answer of Defendant Not Required to Be Sworn; Effect of Answer
Status: in_force

The defendant is not required to verify the answer by oath, and, whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the complaint.
Ala. Code § 30-3D-105 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-105
Section 30-3D-105 Application of Chapter to Resident of Foreign Country and Foreign Support Proceeding
Status: in_force

(a) A tribunal of this state shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving:

(1) a foreign support order;

(2) a foreign tribunal; or

(3) an obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6.

(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls.
Ala. Code § 30-3D-502 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-502
Section 30-3D-502 Employer’s Compliance with Income-Withholding Order of Another State
Status: in_force

(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(c) Except as otherwise provided in subsection (d) and Section 30-3D-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;

(2) the person designated to receive payments and the address to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

(1) the employer’s fee for processing an income-withholding order;

(2) the maximum amount permitted to be withheld from the obligor’s income; and

(3) the times within which the employer must implement the withholding order and forward the child-support payment.
Ala. Code § 30-6-11 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-11
Section 30-6-11 Disposition of Funds
Status: in_force

There is created the Domestic Violence Trust Fund within the State Treasury for the specific purpose of funding certified domestic violence centers. The fund shall be administered by the Department of Economic and Community Affairs. Beginning on January 1, 2016, and thereafter, in addition to any and all other fees collected for any marriage license or other documentation of marriage, the marriage license issuing agent or marriage recording agent shall collect sixty dollars ($60). The funds, as well as those fines imposed pursuant to subsection (f) of Section 30-5-8, shall be designated only for the purposes of this chapter, and forwarded monthly to the department for deposit in the Domestic Violence Trust Fund. Ten percent of unspent and unencumbered funds shall be retained in the fund. The remaining portion of the funds shall revert to the General Fund at the end of the fiscal year.
Ala. Code § 30-3D-708 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-708
Section 30-3D-708 Recognition and Enforcement of Registered Convention Support Order
Status: in_force

(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:

(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) the issuing tribunal lacked personal jurisdiction consistent with Section 30-3D-201;

(3) the order is not enforceable in the issuing country;

(4) the order was obtained by fraud in connection with a matter of procedure;

(5) a record transmitted in accordance with Section 30-3D-706 lacks authenticity or integrity;

(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;

(8) payment, to the extent alleged arrears have been paid in whole or in part;

(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) the order was made in violation of Section 30-3D-711.

(c) If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9):

(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) the Department of Human Resources shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 30-3D-704.
Ala. Code § 30-3-22 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-22
Section 30-3-22 Definitions
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-705 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-705
Section 30-3D-705 Direct Request
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706 through 30-3D-713 apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Resources.

(e) This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Ala. Code § 30-3-33 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-33
Section 30-3-33 Recognition and Enforcement of Out-of-State Custody Decrees
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-8-3 — Alabama Code / Title 30 / Chapter 8 / Section 30-8-3
Section 30-8-3 Eligibility for Funding - New Centers; Failure to Meet Standards
Status: in_force

Any new family resource center within the state that desires to become certified by the network may request and receive initial funding if approved by the network board of directors. Any center that fails to meet the standards established in Section 30-8-1 for a period of one year or longer shall not be eligible to receive state funding pursuant to this chapter.
Ala. Code § 30-1-20 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-20
Section 30-1-20 Common-Law Marriage Abolished
Status: in_force

(a) No common-law marriage may be entered into in this state on or after January 1, 2017.

(b) An otherwise valid common-law marriage entered into before January 1, 2017, shall continue to be valid in this state.