reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions shall apply to this chapter:
(a) Child - 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.
(b) Child Support Order - 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.
(c) Convention - the Convention on the
			 International Recovery of Child Support and Other Forms of Family Maintenance,
			 concluded at The Hague on November 23, 2007.
(d) Duty of Support - an obligation imposed
			 or imposable by law to provide support for a child, spouse, or former spouse,
			 including an unsatisfied obligation to provide support.
(e) Foreign Country - a country, including a
			 political subdivision thereof, other than the United States, that authorizes
			 the issuance of support orders, and:
1. Which
			 has been declared under the law of the United States to be a foreign
			 reciprocating country;
2. Which has
			 established a reciprocal arrangement for child support with this state as
			 provided in
Code of Ala. 1975
, as amended, Section
			 30-3D-308;
3. Which has enacted a law or established
			 procedures for the issuance and enforcement of support orders which are
			 substantially similar to the procedures under UIFSA; or
4. In which the Convention is in force with
			 respect to the United States.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.03 - Duties Of Support Enforcement Agency

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department of Human Resources is the
			 support enforcement agency in Alabama.
(2) Upon request, the Department will provide
			 the following services to a petitioner in a UIFSA proceeding:
(a) take all steps necessary to enable an
			 appropriate tribunal of this state, another state, or a foreign country to
			 obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a
			 date, time, and place for a hearing;
(c) make a reasonable effort to obtain all
			 relevant information, including information as to income and property of the
			 parties;
(d) Within seven days,
			 exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in
			 a record from an initiating, responding or registering tribunal, send a copy of
			 the notice to the petitioner;
(e)
			 Within seven days, exclusive of Saturdays, Sundays, and legal holidays, after
			 receipt of communication in a record from the respondent or the respondent's
			 attorney, send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction
			 over the respondent cannot be obtained.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.04 - State Information Agency For UIFSA Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Duties of the Department of Human
			 Resources as the State Information Agency:
(a) Compile and maintain a current list,
			 including addresses, of the tribunals in this state which have jurisdiction
			 under UIFSA and any support enforcement agencies in this state and transmit a
			 copy of the state information agency of every other state;
(b) Maintain a register of names and
			 addresses of tribunals and support enforcement agencies received from other
			 states;
(c) 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 UIFSA
			 received from another state or a foreign country; and
(d) 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.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.05 - Receipt And Disbursement Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The Department of Human Resources shall
			 disburse promptly any amounts received pursuant to a support order, as directed
			 by the order. The Department of Human Resources 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.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.06 - Contest By Obligor

Current through Register Vol. 42, No. 9, June 28, 2024
(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 of UIFSA, 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 or agency is designated, to
			 the obligee.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-10 - ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 660-3-10-.07 - Administrative Enforcement Of Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(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 UIFSA.
Author:
Clifford Smith
Statutory Authority:
P.L.
				  104-193,
				  §§321-325;
Code of Ala. 1975
, as amended, §§
										30-3D-101 through
				  30-3D-902.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-11 - PATERNITY › Section 660-3-11-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
			 Chapter, the following terms shall have the following meaning:
(a) "Acknowledgment of Paternity" - a
			 document when properly completed by the natural mother and the father of a
			 child, and filed with the Alabama Center for Health Statistics creates a legal
			 finding of paternity and allows for the father's name to be on the child's
			 birth certificate.
(b)
			 "administrative process" - the procedure which allows the Department of Human
			 Resources to issue genetic testing orders, administrative subpoenas, and other
			 administrative enforcement actions without the assistance of the judicial
			 system.
(c) "alleged father" - a
			 man who alleges himself to be, or is alleged to be, the genetic father or a
			 possible genetic father of a child, but whose paternity has not been
			 determined. The term does not include:
1. a
			 presumed father;
2. a man whose
			 parental rights have been terminated or declared not to exist; or
3. a male donor who donates in compliance
			 with
Code of Ala. 1975
, Section
			 26-17-702.
(d) "application fee" - the amount due from a
			 non-public assistance client for receiving child support services.
(e) "establishment" - the work the Child
			 Support Enforcement Division performs in order to determine paternity and
			 obtain an order of child support.
(f) "genetic testing" - an analysis of
			 genetic markers to exclude or identify a man as the father or a woman as the
			 mother of a child. The term includes an analysis of one or a combination of the
			 following:
1. deoxyribonucleic
			 acid;
2. blood-group antigens, red
			 cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or
			 red-cell enzymes.
(g)
			 "genetic test fee" - the amount due for the genetic test which is paid by the
			 State and later assessed to one individual for testing the father, mother, and
			 child.
(h) "genetic testing
			 results" - indicates probability of paternity by testing of blood or human
			 tissue typing.
(i) "Title IV-D
			 agency" - the child support enforcement agency in the state authorized to
			 provide child support services.
(j)
			 "paternity establishment" - the legal process through which paternity of a
			 child is determined.
(k) "Family
			 Assistance (FA)" - An entitlement program funded under Title IV-A of the Social
			 Security Act.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-11 - PATERNITY › Section 660-3-11-.02 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Recipients of
			 Family Assistance (FA) shall participate with the IV-D child support agency in
			 establishing paternity.
(2)
			 Children who are in the custody of the Department of Human Resources and who
			 are receiving out-of-home care from a state agency or who are otherwise
			 receiving foster care maintenance payments under Title IV-E of the Social
			 Security Act are entitled to paternity establishment services.
(3) A Medicaid recipient who does not receive
			 FA benefits shall cooperate with the IV-D agency in establishing
			 paternity.
(4) Non-Family
			 Assistance applicants may receive paternity establishment services by
			 requesting and completing an application for services and paying an application
			 fee. This service is available to both the mother and alleged father of the
			 child.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-17-101 through
				  26-17-905;
				  30-3-197, as amended,
				  P.L.
				  104-193; 45 C.F.R. 301 - 307 ; ALABAMA STATE PLAN
				  - CHILD SUPPORT ENFORCEMENT
				  DIVISION.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-11 - PATERNITY › Section 660-3-11-.03 - Processes Involved In Paternity Establishment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Three processes are involved in the
			 establishment of paternity.
(a) Uncontested
			 Consent Process
1. In the uncontested consent
			 process, both the mother and the alleged father must agree that the alleged
			 father is the biological father of the child.
2. The alleged father and the mother can
			 establish paternity by completing an Acknowledgment of Paternity through an
			 in-hospital paternity process shortly after the birth of the child, or later at
			 the Department of Human Resources office.
3. The Acknowledgement of Paternity, if
			 properly completed and filed with the Alabama Center for Health Statistics,
			 creates a legal finding of paternity.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-11 - PATERNITY › Section 660-3-11-.04 - Procedure For Contesting Paternity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any signatory of an Acknowledgment of
			 Paternity has the right to rescind the acknowledgment within 60 days of
			 signing, or the date of an administrative or judicial hearing relating to the
			 child. This is done by the rescinding party filing a motion in court.
(2) After the 60-day period, a signed
			 voluntary Acknowledgment of Paternity may be challenged in court only on the
			 basis of fraud, duress, or material mistake of fact. The burden of proof is
			 upon the challenger. The legal responsibilities, including child support, may
			 not, except for good cause shown, be suspended during the challenge.
(3) A party who has been adjudged in a
			 paternity proceeding to be the father of a child may, except in the case of
			 adoption, reopen the case in court upon presentation of scientific evidence
			 that he is not the father. The Department of Human Resources will not initiate
			 action in this type of case.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-17-101 through
				  26-17-905;
				  30-3-197, as amended,
				  P.L.
				  104-193; 45 C.F.R. 301 - 307 ; ALABAMA STATE PLAN
				  - CHILD SUPPORT ENFORCEMENT DIVISION.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.02 - Purpose Of Financial Institution Data Match

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Child Support Enforcement Program and
			 financial institutions doing business in the state are required to enter into
			 agreements to secure information leading to the enforcement of child support
			 orders. A data match system has been developed requiring financial institutions
			 to provide quarterly, the name, Social Security number, address, telephone
			 number, account numbers, and other identifying data for any person who
			 maintains an account at the financial institution and who owes a child support
			 arrearage.
(2) The purpose of
			 Financial Institution Data Match is to identify accounts belonging to
			 noncustodial parents who are delinquent in their child support obligations.
			 Once identified these accounts are subject to liens and levies issued by the
			 state IV-D agency. Financial Institution Data Match will also provide location
			 information on noncustodial parents.
(3) Financial institutions are not liable for
			 disclosure of information to the state child support agency or for any other
			 action taken by the financial institution in good faith to comply with the
			 requirements of the data match program.
(4) The Federal Office of Child Support
			 Enforcement will assist the state IV-D agency and multistate financial
			 institutions in reaching agreements regarding the receipt of information from
			 and the transfer of data to the state agency.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										30-3-191,
				  30-3-192, and
				  30-3-198,
				  P.L.
				  104-193.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.03 - Data Match Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 For a case to qualify for submittal for the Financial Institution Data Match
			 program, it must meet the following criteria:
(a) There must be a court order or an
			 administrative order of support.
(b) The noncustodial parent's total
			 arrearages from all cases, including interest, must be at least
			 $500.00.
(c) The noncustodial
			 parent's total arrearages from all cases, including interest, must be equal to
			 at least three months current support obligation due under each case.
(d) The noncustodial parent's social security
			 number must be verified.
(e) The
			 case record must contain the payment record or the custodial parent's affidavit
			 specifying payments not made by the noncustodial parent.
(f) The noncustodial parent must not be
			 involved in bankruptcy proceedings.
(g) The noncustodial parent is not a SSI
			 recipient.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.04 - Implementation Of Administrative Lien

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The state IV-D agency is authorized to
			 file a notice of lien against the real and personal property of any
			 noncustodial parent who resides or owns property in the state and owes past-due
			 child support. Liens against personal property other than personal property
			 subject to a certificate of title, shall be filed with the office of the
			 Secretary of State. Upon the filing of the notice, a lien arises by operation
			 of law.
(2) The Notice of Lien
			 shall be sent by the state IV-D agency through electronic transmission to the
			 Office of Secretary of State.
(3) A
			 digital signature on the Notice of Lien shall authorize the filing of the
			 lien.
(4) The lien shall be
			 perpetual in nature.
(5) For a case
			 to qualify for filing a lien with the Secretary of State, it must meet the
			 following criteria:
(a) The noncustodial
			 parent's total arrearages from all cases, including interest, must be at least
			 $1000.00.
(b) The noncustodial
			 parent's total arrearages from all cases, including interest, must be equal to
			 at least three months current support obligation due under each case.
(c) The balance of the noncustodial parent's
			 financial account (s) must be at least $5,000.00 as of the date of the
			 financial institution data match.
(d) The custodial parent must not be involved
			 in bankruptcy proceedings.
(e) The
			 noncustodial parent is not a SSI recipient.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.05 - Implementation Of Administrative Levy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon acknowledgment from the Secretary of
			 State that a lien has been filed, the state IV-D agency sends:
(a) An Obligor Notice of Lien to the
			 noncustodial parent informing him/her that a lien has arisen by operation of
			 law on any personal property belonging to him/her or acquired after the lien
			 arises.
(b) A Request for
			 Administrative Review form to the noncustodial parent that may be used to
			 request a desk review of the action taken within fifteen (15) days of the date
			 of the notice of lien.
(c) A Notice
			 of Levy to the appropriate financial institution to place a freeze on the
			 noncustodial parent' s account (s) for 21 days and to surrender the amount
			 named in the document after that period of time.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.06 - Right To Contest Lien/Levy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The noncustodial parent has a right to an
			 administrative desk review of the action taken to implement a lien and a levy
			 against his/her assets. The request for review must be in writing within
			 fifteen (15) calendar days of the date appearing on the Notice of Lien. The
			 Obligor Notice of Lien instructs the noncustodial parent to mail the written
			 request to the state IV-D agency.
(a) Reasons
			 for contesting the lien/ levy:
1. Mistake of
			 fact.
2. The child support debt is
			 paid in full.
3. (S) He is
			 receiving SSI or SSI money is in the financial account(s).
4. (S) He does not meet the qualifications
			 for lien/levy.
5. (S) He is
			 involved in bankruptcy proceedings.
6. (S) He is strictly on the account for
			 fiduciary purposes, for example the management of the funds of an elderly
			 parent or minor child.
7. The
			 financial account contains SSI money received by another joint account holder
			 or individual who is a SSI recipient.
8. (S) He or another joint account holder or
			 individual is a former SSI recipient and SSI funds were deposited into the
			 financial account.
9. The financial
			 account is classified as a business account.
10. The financial account is a joint account
			 and the funds do not belong to him/her.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.07 - Release Of Lien/Levy

Current through Register Vol. 42, No. 9, June 28, 2024
1.
A
Notice of Release of Lien/Levy shall be sent by the state IV-D
			 agency when:
(a) The child support debt is
			 paid in full;
(b) The Notice of
			 Lien/Levy was filed in error;
(c)
			 The noncustodial parent has filed bankruptcy;
(d) Documents indicate that the noncustodial
			 parent's name is on the account strictly for fiduciary purposes, for example
			 the management of the funds of an elderly parent or minor child.
(e) The noncustodial parent is a SSI
			 recipient.
(f) The financial
			 account contains SSI money received by another joint account holder or
			 individual who is a SSI recipient.
(g) The noncustodial parent or another joint
			 account holder or individual is a former SSI recipient and SSI funds were
			 deposited into the financial account.
(h) The financial account is classified as a
			 business account.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.08 - Penalties To Financial Institutions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The state IV-D agency has the authority
			 to impose penalties for failure to comply with the terms of Financial
			 Institution Data Match. Failure of a financial institution to cooperate may
			 take place at two stages in the Financial Institution Data Match Process:
(a) A financial institution may refuse to
			 sign an agreement with the state IV-D agency to perform the actual data match
			 against their accounts; or
(b) A
			 financial institution may refuse to release the funds.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-12 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 660-3-12-.09 - Interstate Liens/Levies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 state IV-D agency of another state may determine that a noncustodial parent
			 holds assets in a financial institution doing business in the State of Alabama.
			 Full faith and credit shall be given to liens arising from any judicial or
			 administrative action in another state. That state IV-D agency may send the
			 levy directly to the financial institution in Alabama asking that they
			 surrender the funds directly to that state IV-D agency. If the financial
			 institution refuses to do so, the state IV-D agency may then send the case to
			 the Alabama IV-D agency for enforcement.
(2) If it is determined that the noncustodial
			 parent in an Alabama case holds assets in a financial institution outside of
			 Alabama, the Alabama IV-D agency may send the levy directly to the financial
			 institution doing business in that state. A request shall be made that the
			 funds be surrendered to the Alabama IV-D agency. However, if the financial
			 institution refuses to remit the money, the case may be sent through the IV-D
			 agency of that state for enforcement.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										30-3-191,
				  30-3-192, and
				  30-3-198,
				  P.L.
				  104-193.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-13 - TEN MOST WANTED PROGRAM › Section 660-3-13-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Providing for a
			 program for the publishing in newspapers with general circulation throughout
			 the state and posting on the DHR website the names of ten delinquent obligors
			 in any county in support payments.
Author:
Elizabeth Farris
Statutory Authority:
Act Number 2000-322,
				  becoming law effective October 1, 2000.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-13 - TEN MOST WANTED PROGRAM › Section 660-3-13-.02 - Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to
			 qualify as a candidate for the Ten Most Wanted Program, the case must meet the
			 following criteria:
(a) There must be a court
			 order of current support.
(b) No
			 court order entered by default is eligible.
(c) The obligor's location is unknown to the
			 IV-D agency.
(d) The IV-D agency
			 must not have been notified the obligor is involved in bankruptcy proceedings
			 nor have any other agreements prohibiting enforcement actions.
(e) The obligor must not have made a payment
			 or made a payment as a result of income tax refund offset within the previous
			 six months.
(f) The obligor must
			 have known ties to Alabama (i.e. relatives, employment, mailing
			 address).
(g) The obligor must not
			 be a recipient of TANF, SSI, food stamps, or any other type of public
			 assistance.
(h) The amount of
			 arrears must be accurate.
(i) A
			 consent/release form must be signed by the obligee and notarized.
(j) There must be a photograph of the
			 obligor.
Author:
Elizabeth Farris
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-13 - TEN MOST WANTED PROGRAM › Section 660-3-13-.03 - Notification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An obligor who
			 meets the criteria to be a candidate for the Ten Most Wanted Program shall be
			 sent a notification by regular mail to his/her last known address. The Notice
			 shall state that the obligor may avoid being included in the publication by
			 doing all of the following within ninety (90) days after receipt of the Notice:
(a) Make a child support payment that is
			 equal to the amount of support the obligor is required to pay each month under
			 the support order or a percentage of child support arrears owed by the obligor,
			 whichever amount is greater; and
(b) Provide the IV-D agency a current
			 address; and
(c) Provide the IV-D
			 agency proof of employment, current wages, salary, and other compensation;
			 and
(d) Provide the IV-D agency
			 with proof that the obligor has arranged for withholding from the obligor's
			 wages, salary, or other compensation to pay support and for payment of
			 arrearages.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-13 - TEN MOST WANTED PROGRAM › Section 660-3-13-.04 - Publication

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The IV-D agency
			 shall distribute for publication in newspapers with general circulation
			 throughout the state and post on the DHR website at a minimum of twice per year
			 or monthly as deemed appropriate by the agency, the obligors who are to appear
			 in the publication.
(2) The cost
			 for publication will be placed with the obligors included in the publication.
Author:
Elizabeth Farris
Statutory Authority:
Act Number 2000-322,
				  becoming law effective October 1, 2000.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-14 - GENERAL ADMINISTRATION › Section 660-3-14-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
Child support services may be provided directly by the
				Department or purchased pursuant to Federal law, 45 CFR, Chapter III, Part 304,
				and 2 CFR, Chapter II, Part 200. Costs incurred in the operation of the program
				must be eligible for reimbursement under Title IV-D of the Social Security Act
				and other applicable Federal and State laws, regulations, and/or
				rules.
Author:
Clifford Smith
Statutory Authority:
P.L. 93-647;
				  42 U.S.C.
				  651 et seq.; §9 of P.L. 96-611;
				  42
				  U.S.C. 663; 45 C.F.R. 205-235, 301-306 ; 2
				  C.F.R. 200 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-14 - GENERAL ADMINISTRATION › Section 660-3-14-.02 - Allowable And Unallowable Costs Under Purchase Of Service Contracts

Current through Register Vol. 42, No. 9, June 28, 2024
Some services are purchased from public and private agencies
				and/or individuals. The formal purchase agreement is a signed contract.
				Specific allowable costs are outlined in the purchase of service contracts or
				Department or Human Resources' policy. Further information about allowable and
				unallowable costs under purchase of service contracts may be obtained from the
				Office of Child Support Enforcement, State Department of Human Resources, 50
				Ripley Street, Montgomery, Alabama 36130.
Author:
Clifford Smith
Statutory Authority:
P.L. 93-647;
				  42 U.S.C.
				  651 et
seq
.; §9
				  of P.L. 96-611;
				  42
				  U.S.C. 663; 45 C.F.R. 205-235, 301-306 ; 2
				  C.F.R. 200 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through
				  -109.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The policies
			 and procedures in this Chapter on Hearings apply only to the Department's
			 administration of Title IV-D of the Social Security Act. Dissatisfactions
			 pertaining to the applicant's or recipient's claim for Family Assistance will
			 be handled under the hearing procedures applicable to the Family Assistance
			 Program. Title IV-D hearing procedures will generally not apply where another
			 program's appeal/hearing procedures may be used. Hearings concerning
			 non-cooperation are to be conducted under Title IV-A policies.
(2) The policies are applicable to
			 individuals who are applicants for or recipients of the Title IV-D services
			 provided by the Department, non-custodial parents, putative parents, and any
			 other person
directly
affected by actions of the
			 agency.
(3) A written statement
			 concerning the right to appeal, and the methods by which these rights may be
			 exercised, is to be given when requested and at other times as may be provided
			 in agency policy.
(4) Procedures
			 for the conduct of hearings including but not limited to the acknowledgement of
			 the hearing request, denial or dismissal of hearing request, withdrawal and
			 settlement of hearing requests, notice of hearing, the hearing officer,
			 issuance of subpoenas, final decision, group hearing, combined hearing, failure
			 to attend hearing, application for rehearing, judicial review, retroactive and
			 unentitled benefits or services and records shall be as provided in Chapter
			 660-1-5, Hearings, in the General Administration Division.
Author:
Clifford Smith
Statutory Authority:
42 U.S.C.
				  651-665; 45 C.F.R. 205-232, 301-3 0 6
				  ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-4-5 through -6, 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.02 - Hearing Requests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Basis
			 for Request
(a) A request for a hearing may
			 be made by the applicant/recipient, or non-custodial parent, putative parent,
			 or any other person
directly
affected by actions of
			 the agency, or by someone acting in their behalf. The request may be made when:
1. Application for non-TANF services is
			 denied; or
2. (S)He is dissatisfied
			 with the kind of services being provided, or actions taken, or with any other
			 matter pertaining to those services or actions.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.03 - Procedures To Be Followed By State And County Departments After Receipt Of Request For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.04 - Organization Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.05 - Preparation For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.06 - Exhibits

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.07 - Abandoned Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.08 - Conduct Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-15 - APPEALS AND HEARINGS › Section 660-3-15-.09 - Decisions On Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
P.L. 93-647 ;
				  42 U.S.C.
				  651
et
seq
.; § 9 of P.L. 96-611 ;
				  42
				  U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306 ;
				  ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM;
Code of
				  Ala. 1975
, §§
										30-4-80 through -98, 38-2-6,
				  38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 41-22-1 through
				  -27.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.02 - Basis For Income Withholding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Income withholding refers to the act of
			 ordering an obligor's employer to withhold a portion of the obligor's income to
			 apply to his/her child support obligation(s). Income withholding has been
			 authorized in Alabama since 1984. In 1989, Alabama income withholding statutes
			 were updated to require, effective November 1, 1990, immediate income
			 withholding in all orders entered or modified in Alabama. Effective May 4,
			 1994, Alabama law provided for the termination of income withholding under
			 certain circumstances without a hearing upon filing an affidavit by the
			 obligor.
(2) Income Withholding is
			 authorized as a means of collecting child support and spousal support (when
			 collected in conjunction with child support).
(3) Employers are required to comply with
			 income withholding orders or to show reason why they cannot comply.
(4) The State IV-D Agency has the authority
			 to order that income withholding be implemented.
(5) This State IV-D Agency has the authority
			 to increase the amount of monthly support payments to include amounts for
			 arrears for the purpose of securing overdue support.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										30-3-60 through
				  30-3-71,
				  30-3-197(a)(5) and
				  (7),
				  30-3A-501 through
				  30-3A-506;
				  45 CFR
				  303.100;
				  42
				  U.S.C. 666(b) and
				  (c).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.03 - Criteria For Issuing An Income Withholding Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The obligor's child support payments are
			 not deducted from his income until an income withholding order (IWO) is
			 obtained and issued. Most support orders, depending on the time period in which
			 they were entered, contain an IWO.
(2) An IWO is issued by serving notice on the
			 obligor's employer.
(3) If the
			 support order does not contain an IWO, legal action must be taken to enter an
			 IWO before income withholding can be initiated.
(4) Support orders entered before 1984 do not
			 contain income withholding orders. When a legal action is taken on a case with
			 a pre-1984 support order, action should be taken at the same time to obtain an
			 IWO. Upon entry of the income withholding order, it will be issued immediately
			 unless:
(a) The court finds there is good
			 cause to preclude the issuance of an IWO, and the court indicates its findings
			 in writing as to why the implementation would not be in the best interest of
			 the child; or
(b) The parties enter
			 into a written agreement that provides an alternative arrangement.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.04 - Withholding Limits And Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The maximum amount that can be deducted from an obligor's disposable income for
			 child support obligation is:
(a) 50 percent
			 if the obligor supports a second family and is behind 12 weeks or less in
			 his/her child support obligation;
(b) 55 percent if the obligor supports a
			 second family and is more than 12 weeks behind in his/her child support
			 obligation;
(c) 60 percent if the
			 obligor does not support a second family and is behind 12 weeks or less in
			 his/her child support obligation; or
(d) 65 percent if the obligor does not
			 support a second family and is more than 12 weeks behind in his/her child
			 support obligation.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.05 - Administrative Implementation Of An Income Withholding Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When a support order contains an income
			 withholding provision and the case meets criteria for income withholding, the
			 state IV-D agency may directly order the obligor's employer to implement income
			 withholding by issuing an administrative Order/Notice to Withhold Income For
			 Child Support. This action may be taken on both interstate and intrastate
			 cases.
(2) The employer must
			 respond by:
(a) Sending the withholding to
			 the appropriate collection agent designated on the document;
(b) Notifying the appropriate collection
			 agent if the obligor changes employment, or if benefits that constitute income
			 for the obligor are terminated;
(c)
			 Providing a copy of the Order/Notice to Withhold Income for Child
			 Support;
(d) Complying 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 time within which the employer must
			 implement the withholding order and forward the child support payment.
Author:
Janice Grubbs
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.06 - Administratively Adding An Amount Toward Arrears

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In a situation where a child support
			 arrearage exists and the order does not address an amount toward that
			 arrearage, the State IV-D agency has the authority to increase the amount of
			 monthly support payments for the purpose of collecting past-due
			 support.
(2) The procedure in which
			 an amount is ordered toward the arrears may be done at the same time the
			 Administrative Order/Notice to Withhold Income For Child Support is issued
			 directly to the employer.
(3) The
			 amount added toward the arrearage should be twenty-five percent of the current
			 support amount.
(4) In arrearage
			 cases only where current is no longer due, the amount toward the arrears should
			 be the amount that was previously ordered toward current.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										30-3-60 through
				  30-3-71,
				  30-3-197(a)(5) and
				  (7),
				  30-3A-501 through
				  30-3A-506;
				  45 CFR
				  303.100;
				  42
				  U.S.C. 666(b) and
				  (c).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.07 - Adjusting An Income Withholding Order

Current through Register Vol. 42, No. 9, June 28, 2024
Sometimes it will be necessary to adjust the amount being
				withheld from the obligor's income. For example:
(1) If the withholding order is for current
			 support plus a periodic payment on an arrearage, when the arrearage is paid
			 off, the withholding amount will need to be reduced;
(2) If the child support order is modified,
			 the income withholding order will need to be adjusted;
(3) An IWO is adjusted by obtaining a new
			 income withholding order from the court.
(4) When an amount has been added toward the
			 arrears by issuing an administrative Order/Notice to Withhold Income for Child
			 Support, the IWO may be amended by sending an amended administrative
			 Order/Notice to Withhold Income for Child Support to the employer.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §§
										30-3-60 through
				  30-3-71,
				  30-3-197(a)(5) and
				  (7),
				  30-3A-501 through
				  30-3A-506;
				  45 CFR
				  303.100;
				  42
				  U.S.C. 666(b) and
				  (c).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.08 - Terminating An Income Withholding Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following are circumstances when an
			 income withholding order may be terminated:
(a) Current support is due, but all
			 arrearages have been paid;
(b)
			 Current support is no longer due and all arrearages have been paid;
(c) The collection agent is unable to deliver
			 payments to the obligee for three consecutive months because the obligee has
			 failed to update his/her address information.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.09 - Right To Contest The Administrative Income Withholding Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The obligor has
			 a right to an administrative desk review of the action taken to implement the
			 income withholding order administratively. The request for a review must be in
			 writing within 15 days of the date appearing on the administrative Order/Notice
			 to Withhold Income for Child Support. The Obligor Notice of Right to
			 Administrative Review instructs the obligor that he must submit his request in
			 writing within that timeframe. Reasons for contesting the administrative
			 review:
(a) The amount of past-due support is
			 incorrect;
(b) The obligor does not
			 owe past-due support; or
(c) The
			 amount of current support set forth in the administrative Order/Notice to
			 Withhold Income for Child Support is not the same as the current support in the
			 underlying order of support.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.02 - Types Of Liens

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Real
			 Property Liens include liens on land, buildings, homes, and generally whatever
			 is erected, growing upon, or affixed to land.
(2) Personal Property Liens include liens on
			 any licensed property such as cars, boats, motorcycles, and all unlicensed
			 movable property such as stocks, bonds, bank accounts, livestock, jewelry,
			 cash, unemployment compensation settlements, worker's compensation settlements,
			 insurance settlements, and lottery winnings.
Author:
Janice Grubbs
Statutory Authority:
P.L.
				  104-193;
Code of Ala.
				  1975
, §
										30-3-198.