Alabama Administrative Code

Author: Notes Ala. Admin. Code r. 660-3-15-.05 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. 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, 30…

Author: Notes Ala. Admin. Code r. 660-3-15-.06 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. 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, 30…

Author: Notes Ala. Admin. Code r. 660-3-15-.07 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. 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, 30…

Author: Notes Ala. Admin. Code r. 660-3-15-.08 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. 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, 30…

Author: Notes Ala. Admin. Code r. 660-3-15-.09 Effective June 28, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. 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, 30…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Income" - Wages, salary, tips, commissions, bonuses, unemployment compensation, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest, a…

(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 wer…

(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 ob…

(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 sec…

(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 C…

(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 i…

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; …

(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…

(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 …

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Arrearage" - Past-due support that accrues under an order for support. The child support debt owed by the noncustodial parent to the custodial parent or to the state; a delinquency, Statutory …

(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 s…

For a case to qualify for filing a lien administratively, it must meet the following criteria: (1) The balance of the noncustodial parent's total child support arrearage from all cases, including interest, is at least $1, 000.00. (2) The noncustodial parent's total arrearage from…

The State Title 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. Upon the filing a Notice of Lien, a lien arises by operation of law. (1)…

When the State Title IV-D agency seeks to enforce a lien or a judicial order, notice shall not be required. The state shall accord full faith and credit to liens arising from another state's judicial or administrative action. (1) Upon acknowledgment from the Secretary of State th…

A lien must be released by filing a release executed by the State Title IV-D agency in the appropriate agency where the lien has been filed. (1) Reasons for releasing a lien are: (a) The child support debt is paid in full. (b) The Notice of Lien was filed in error. (c) The noncus…

The noncustodial parent has a right to an administrative review of the action taken to implement a lien 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 inst…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Accessible" - health care coverage for ordinary medical care available to the child(ren) within a 100-mile radius of their residence. (b) "Cash Medical Support" - an amount ordered to be paid …

(1) The IV-D Child Support Enforcement Agency must seek medical support for children from either parent. (2) All child support orders enforced by the IV-D Child Support Enforcement Agency shall include a provision for health care coverage for the child(ren) to be provided by eith…

(1) The IV-D Child Support Agency must use the National Medical Support Notice to enforce the provision of health care coverage for children of obligated parents who are required to provide health care coverage through an employment-related group health plan pursuant to a child s…

(1) Parents obligated to provide medical support may contest the withholding for health insurance premiums based on a mistake of fact. (2) If the employee contests such withholding, the employer must initiate withholding until such time as the employer receives notice that the co…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "Adjustment" - an upward or downward change in the amount of child support based upon an application of State guidelines for setting and adjusting child support awards and/or provision for the …

(1) The review may be requested by either parent, the person or agency granted custody of the child(ren), or the child support agency of another state. (2) The Title IV-D child support agency must review the child support order every three years upon the request of either parent …

(1) Either party regardless of who applied for IV-D services or requested the review may contest the results of the review within 30 days of the date of the Notice of Results of Review. (2) The party who requests the review does so by requesting a review by the county supervisor.…

All services or activities required to be provided and described in 45 Code of Federal Regulations, Chapter III, Part 302 and Part 303 will be provided. Any optional services or activities specified in Part 302 or Part 303 may be provided. Notes Ala. Admin. Code r. 660-3-2-.01 Ef…

(1) Family Assistance Recipient: As a condition of eligibility for Family Assistance (hereinafter referred to as FA), each recipient of FA shall be deemed, by accepting FA for or on behalf of a dependent or needy child, to have made an assignment to the Department of Human Resour…

The provisions of Title 45, Code of Federal Regulations, Part 301 through Part 308, such regulations being in effect June 26, 1975 through present, and all of same as may be amended, are hereby adopted by reference. The provisions implement Title IV-D of the Social Security Act (…

Notes Ala. Admin. Code r. 660-3-4-.02 Effective June 28, 1983. Emergency amendment effective October 19, 1984. Permanent amendment effective January 9, 1985. Repealed: Filed August 6, 2009; effective September 10, 2009. Author: Clifford Smith Statutory Authority:P.L. 93-647 ; 42 …

Support is to be collected by the local collection agent or State disbursement unit, as appropriate, and distributed by the automated child support system. Collection and distribution of support payments for TANF recipients will be done in accordance with 45 Code of Federal Regul…

Support is to be collected by the local collection agent or State disbursement unit, as appropriate, and distributed by the automated child support system. On termination of TANF or when collecting support pursuant to an application for services, collections on the current month'…

Support payments must be collected by the local collection agent or State disbursement unit, as appropriate, and distributed by the automated child support system. Payments received directly by a TANF recipient or a recipient of Non-TANF support services shall be turned over to t…

An erroneous payment may be the result of department error. The department has the responsibility to collect all erroneous payments that are a result of department error. Collection methods which may be utilized to recover the payments are through voluntary repayment plans, incom…

The date of collection for support is the date of receipt by the State disbursement unit/collection site. Author: Clifford Smith Notes Ala. Admin. Code r. 660-3-5-.05 New Rule: Filed January 4, 2001; effective February 8, 2001. Amended: Filed May 5, 2004; effective June 9, 2004. …

In the case of an individual who has never received assistance under a State program funded under part A of the Social Security Act and for whom the State has collected at least $550 of support, the State shall impose an annual fee of $35 for each case in which services are furni…

The Department has the responsibility to collect all unpaid mandatory annual fees. Collection methods that may be utilized to recover unpaid annual fees are through income tax offset, recoupment from future support payments, referral to a collection agency and/or through legal ac…

(1) As used in this Chapter, the following terms shall have the following meaning: (a) "tax refund intercept program" - another term for "tax offset program", the program through which tax refunds are intercepted to satisfy support obligations. (b) "legitimately in dispute" - use…

IRS will freeze a potential refund which may become available for the tax processing year. The money will be transferred to the State in accordance with federal regulations for distribution by the State pursuant to federal and state law, regulations and/or rules. Notes Ala. Admin…

(1) The State Department of Revenue may freeze any refund of at least $25 that has been certified by the Child Support Enforcement Division as a debt owed. The amount of the claimed debt will be sent to the Department of Human Resources. At the time of the transfer of the refund …

(1) Through the income withholding process, a portion of the unemployment compensation benefits of a noncustodial parent may be withheld and applied to the current support obligation and arrearages. (2) The Department of Human Resources sends an income withholding order to the De…

(1) Certain federal payments are eligible for intercept through the administrative offset program. Federal payments that are available for intercept include: (a) Federal Retirement payments. (b) Vendor payments. (c) Miscellaneous payments including expense reimbursement payments …

(1) The passport of a noncustodial parent may be denied, revoked, or restricted through the Federal Passport Program if the child support debt is in excess of $2,500. (2) In an interstate case, only the certifying state has the authority to delete a noncustodial parent from the p…

(Repealed). Author: Janice Grubbs Notes Ala. Admin. Code r. 660-3-6-.07 Effective June 28, 1983. Emergency amendment effective August 8, 1985. Permanent amendment effective November 8, 1985. Succedent emergency amendment effective July 20, 1999. Repealed: Filed September 3, 1999;…

(1) Complaints made Prior to Offsetting the Tax Refund(a) Noncustodial parents (or their current spouses) may file a complaint orally or in writing at any time after they receive the pre-offset notice. (b) On receiving a complaint, the worker must conduct a case review in an effo…

(Repealed). Author: Janice Grubbs Notes Ala. Admin. Code r. 660-3-6-.09 Emergency adoption effective August 8, 1985. Permanent adoption effective November 8, 1985. Succedent emergency repealer effective August 30, 1991. Succedent permanent repealer effective December 10, 1991. Su…

(1) The Department shall promptly send offset refunds due clients except that in the event an offset is made on a federal joint refund, the amount offset shall be retained by the Department for six months from the date the Department was notified of the offset. This is to avoid t…

(1) Under State statute which imposes legal sanctions, the use or disclosure of information concerning applicants or recipients of child support enforcement services will be for purposes directly connected with: (a) The Department's administration of any plan or program approved …