Section 38-10-1 – Short Title.

Section 38-10-1 Short title. This article shall be known and may be cited as the “Child Support Act of 1979.” (Acts 1979, No. 79-819, p. 1528, §1.)

Section 38-10-10 – Right of Action of Persons Owed Duty of Support.

Section 38-10-10 Right of action of persons owed duty of support. In addition to the existing causes of action there is hereby created, on behalf of any person who is owed a duty of support, a civil cause of action which may be enforced in the district court, the circuit court or any court having […]

Section 38-10-11 – Construction of Provisions of Article.

Section 38-10-11 Construction of provisions of article. It is intended that new or additional causes of action for the department are created by the provisions of this article. This article shall be construed to create additional, alternative causes of action and shall in no way affect or impair any other remedy, civil or criminal, provided […]

Section 38-10-12 – Time Limit for Disbursement by Department to Child’s Custodian of Child Support Payments Received by It; Exception.

Section 38-10-12 Time limit for disbursement by department to child’s custodian of child support payments received by it; exception. (a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support programs and other child support programs administered by it, including programs […]

Section 38-10-2 – Definitions.

Section 38-10-2 Definitions. (a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources. (2) CHILD. A child as described or defined by the Social […]

Section 38-10-3 – Authorization of Operation of Child Support Programs by Department of Human Resources Generally; Designation of the Department as the Agency to Administer Income Withholding.

Section 38-10-3 Authorization of operation of child support programs by Department of Human Resources generally; designation of the department as the agency to administer income withholding. (a) The Department of Human Resources of the State of Alabama shall operate child support programs as may be required under the provisions of Title IV-D, including, but not […]

Section 38-10-4 – Acceptance of Aid for or on Behalf of Dependent or Needy Child Deemed Assignment of Right to Support to Department Generally; Subrogation of Right to Child Support Payments.

Section 38-10-4 Acceptance of aid for or on behalf of dependent or needy child deemed assignment of right to support to department generally; subrogation of right to child support payments. As a condition of eligibility for aid, each recipient of aid to families with dependent children shall be deemed, by accepting aid, to have made […]

Section 38-10-5 – Form and Effect of Assignment of Child Support Payments to Department.

Section 38-10-5 Form and effect of assignment of child support payments to department. Notwithstanding any other provisions of this article, as a condition of eligibility for aid, each recipient of aid to families with dependent children shall have assigned to the department by operation of law any rights to support from any other person which […]

Section 38-10-6 – Effect of Payment of Aid to or on Behalf of Dependent or Needy Child by Department.

Section 38-10-6 Effect of payment of aid to or on behalf of dependent or needy child by department. The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which a court has ordered support incident to a divorce decree or any […]

Section 38-10-7 – Institution of Actions for Enforcement of Child Support Obligations, Etc.

Section 38-10-7 Institution of actions for enforcement of child support obligations, etc. (a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may be provided pursuant to the requirements of Title IV-D or for aid, the department, and including the district […]

Section 38-10-7.1 – Scope of Representation of District Attorney or Appointed Attorney in Support Enforcement Action.

Section 38-10-7.1 Scope of representation of district attorney or appointed attorney in support enforcement action. Any district attorney or attorney approved or appointed by the Attorney General initiating legal proceedings at the request of the Department of Human Resources to establish or enforce child support, spousal support, medical support, and/or any other support services pursuant […]

Section 38-10-8 – Disposition of Child Support Payments Collected Pursuant to Judicial Actions.

Section 38-10-8 Disposition of child support payments collected pursuant to judicial actions. Support collections, in cases in which an assignment has been made to the department and after the support payment has been made to the appropriate collection agent pursuant to this article, shall be paid directly to the state department and distribution shall be […]

Section 38-10-9 – Investigations by Department as to Location of Parents and Ability of Parents to Furnish Child Support; Authority to Notify Parent of Support Duty; Falsification of Report as to Parent’s Income, etc.; Citation to Require In-Court Testimony; Employer’s Duty to Provide Certain Information.

Section 38-10-9 Investigations by department as to location of parents and ability of parents to furnish child support; authority to notify parent of support duty; falsification of report as to parent’s income, etc.; citation to require in-court testimony; employer’s duty to provide certain information. (a) The department is authorized and empowered to conduct investigations to […]