Title 38 — Title 38

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

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 nonsupport jurisdiction or jurisdiction over the…

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, pr…

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…

(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. …

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 li…

As used in this article, the following terms shall have the following meanings: (1) CHILD. A minor or disabled child. (2) CUSTODY. A legal status created by court order. (3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county depa…

Custody of Department or Receiving Maintenance Payments. Either upon granting of custody of a child to the department and the provision of foster care or upon the department’s making foster care maintenance payments on behalf of a child under provisions of Title IV-E of the Socia…

Receiving Maintenance Payments Provide Support. The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maint…

Support collections made pursuant to the provisions of this article shall be paid to the department or its designee and distribution thereof shall be made in accordance with rules published by the department. History: (Acts 1986, Ex. Sess., No. 86-686, p. 81, §4.)

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 an assignment to the dep…

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 such reci…

As used in this article “foster care trust fund” means a separate fund established for the purpose of donation of tax deductible funds by individuals, charitable organizations, institutions, and businesses wishing to assist all children in the temporary or permanent custody of th…

The finance director of the State of Alabama shall establish a separate account for deposit of donations to the foster care trust fund, the proceeds of which shall be available to the Department of Human Resources for the purpose of assisting children in its custody. History: (Ac…

The Department of Human Resources shall use funds deposited in the foster care trust fund to meet the following needs of children in its custody including, but not limited to, tuition for post-secondary education, tutoring, development of artistic or athletic abilities, graduatio…

The Commissioner of the Department of Human Resources is hereby authorized to issue such rules and regulations as are necessary to implement the provisions of this article. History: (Acts 1990, No. 90-385, p. 527, §4.)

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 other order for child support, the debt shall be limited to the amo…

(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 attorney when pro…

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 s…

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 made by…

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 inv…