| F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income Share Model.
For Additional Information - No Link Provided
|
| F2. Does your state charge interest on arrears? |
|
Yes
|
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.
For Additional Information - No Link Provided
|
| F3. Does your state charge interest on retroactive support? |
|
Yes
|
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.
|
| F4. Does your state charge interest on adjudicated arrears? |
|
Yes
|
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.
For Additional Information - No Link Provided
|
| F5. Will your state enforce a medical debt for 50 percent of the uninsured portion? |
|
Yes
|
| F5.1. If yes, under what circumstances? |
|
The unreimbursed, uninsured portion must be presented to the court and a judgment obtained before it can be enforced.
|
| F6. Does your state elect to recover costs or charge fees in your IV-D state plan? |
|
Yes
|
| F6.1. If yes, what costs are recovered from or fees charged to the obligee? |
|
Application fee, annual $25 collection fee, fee for Income Tax and Administrative offsets.
|
| F6.2. If yes, what costs are recovered from or fees charged to the obligor? |
|
Fee is charged to the obligee if they are the applicant for services
|
| F7. Does your state recover costs on behalf of the initiating state? |
|
No
|
| F7.1. Optional comments regarding recovery of initiating state's fees. |
|
N/A
|
| F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support? |
Rule 4.2B of the Alabama Rules of Civil Procedure and
Code of Alabama Section 30-3A-201.
For Additional Information -
|
| F9. Does your state establish, enforce, or modify spousal maintenance orders? |
|
Yes
|
| F9.1. If yes, under what circumstances? |
|
The State enforces spousal support only in conjunction with a child support order.
|
| F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07) |
|
NO
|
| F10.1. Optional comments regarding required information on spouse or partner. |
|
N/A
|
| F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance? |
|
The fee is automatically intercepted by the State from child support collections once $500 has been distributed each fiscal year.
|
| F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550? |
|
Yes, policy implemented 10/1/2008
|
| F11.2 Does your state collect the fee from the person applying for IV-D services? |
|
This method was used for FY 07 and FY 08 only.
|
| F11.3. Does your state collect the fee from the absent parent? |
|
During FY 07 & FY 08, fees were collected from the NCP only if he/she was the case applicant.
|
| F11.4. Does your state pay the fee out of its own funds? |
|
No
|
| F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision? |
|
10/01/09
|
| F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases? |
|
No
|
| F14. Does your state participate in the pass-through in former assistance cases? |
|
No
|
| F14.1. If yes, provide the date. |
|
N/A
|
| F15. Will your state discontinue eligible assignments under the DRA of 2005? |
|
No
|
| F15.1. If yes, list the eligible assignments your state would discontinue. |
|
N/A
|
| F15.2. When will your state discontinue each type of assignment? |
|
N/A
|
| F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases? |
|
The State will follow PRWORA distribution rules ordering rules in Former Assistance Cases.
|
| F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
Requires a Judicial redirection of payments.
For Additional Information - No Link Provided
|
| F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee? |
Requires a Judicial redirection of payments.
For Additional Information - No Link Provided
|
| F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
Requires a Judicial redirection of payments.
For Additional Information - No Link Provided
|
| F17.3. How does your state collect the $35.00 annual fee on never-TANF cases? |
|
The fee is deducted from child support disbursements made to the custodial parent.
|
| F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? ** |
|
Yes
|
| F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). ** |
|
Court Ordered Costs
|
| F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT) |
|
|
| F20. Does your state send CSENet transactions to provide another state with interest and arrears information?
(MSC P GSTAI) |
|
|
| G1. What specific source of income is not subject to withholding? |
Under Alabama law, the only source of income that is exempt from Income Withholding is a teacher's retirement.
For Additional Information -
|
| G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
|
No
|
| G2.1. If yes, what are those limits? |
|
The maximum amount that can be deducted from an NCP's disposable income for child support is: (a) 50% percent if the NCP supports a second family and is behind 12 weeks or less in his/her child support obligation; (b)55% percent if the NCP supports a second family and is more than 12 weeks behind in his/her child support obligation; (c) 60% percent if the NCP 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 NCP does not support a second family and is more than 12 weeks behind in his/her child support obligation.
|
| G3. What is the allowable fee per pay period employers may charge for processing income withholding payments? |
$2.00 per month
For Additional Information - No Link Provided
|
| G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
|
The employer has 14 days to answer whether or not they will be able to withhold. Withholding commences on the first pay period following the 14-day answer period. Once money is withheld, it must be remitted within 7 working days.
|
| G5. What is the date by which an employer must remit amounts withheld from an employee's pay? |
|
Within 7 working days of the date the NCP is paid.
|
| G6. What are your state's procedures for sanctioning employers for not implementing income withholding? |
|
Contempt Action.
|
| G7. What is the penalty to an employer for failure to remit payments withheld? |
Penalty is set by the court.
For Additional Information - No Link Provided
|
| G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines? |
|
No
|
| G8.1. Explain your process for receiving direct withholding orders across state lines. |
You may send direct income withholdings through our IV-D agency for review and then our IV-D agency will forward the paperwork to the Alabama Department of Industrial Relations. (Please see G8.2 for required document info)
For Additional Information - No Link Provided
|
| G8.2. What documents are required to intercept UI benefits? |
|
An IWO. If your state does not display the obligor's SSN on the IWO then you still must provide the obligor's SSN as well as verification of the obligor's arrears balance, if any, as of the end of the preceding month. Documents are to be made out to the Alabama Department of Industrial Relations, 649 Monroe St., Montgomery, AL 36131. They can be mailed to Alabama Department of Human Resources, CSED, S. Gordon Persons Bldg, 50 Ripley St, Montgomery, AL 36130 or faxed to the attention of UCB Supervisor at 334-242-0606.
|
| G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines? |
|
Yes
|
| G9.1. Optional comments regarding direct withholding of WC benefits across state lines. |
|
Income Withholding for "periodic payments." Lump sum payments are subject to the lien and levy process.
|
| G10. How does an obligor contest income withholding in your state? |
|
Court action
|
| G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders. |
|
The State IV-D agency allocates all payments, regardless of whether there is an IWO in place.
|
| G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance? |
|
Yes
|
| G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed. |
Employers notify the State IV-D agency if the obligor does not earn sufficient wages to withhold all current support. The IV-D agency policy is to refer the case back to the courts for judicial determination.
For Additional Information - No Link Provided
|
| G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
|
No
|
| G13. When does your state require the employer to send notice of an employee's termination? |
The employer is informed on the standard IWO document to notify promptly of termination of employment/income.
For Additional Information - No Link Provided
|
| G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired? |
|
No requirement
|
| G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state? |
|
No
|
| G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
For Additional Information - No Link Provided
|
| G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer? |
Direct income withholding orders can be sent to employers and Worker's Compensation.
For Additional Information - No Link Provided
|
| G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support. |
The IVD Agency Rules require that if the NCP is ordered to pay current support andmedical support and his or her income is not sufficient to cover both obligations, current support must be withheld first
For Additional Information - No Link Provided
|
| G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims? |
|
Current support is paid first. In general, payments in excess of current support are allocated on a pro rata share based on any amount ordered to be paid toward arrears and the arrears balances
|
| G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation? |
Distribution follows federal law and regulations and is also addressed in Alabama law, Code of Alabama 1975, as amended, Section 38 10 8; Alabama Dept of Human Resources Administrative Code, Chapter 660 3 5
For Additional Information -
|
| G21. Does your state's law require a signature on the income withholding order? |
|
No
|
| H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation? |
|
No
|
| H1.1. If yes, please explain. |
|
N/A
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
97%
For Additional Information - No Link Provided
|
| H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive. |
Rebuttable Presumption-Paternity Acknowledgements are not a conclusive presumption but a rebuttable presumption.
For Additional Information - No Link Provided
|
| H4. What is the effective date of the state law that makes paternity acknowledgments conclusive? |
|
07/01/1997
|
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
|
Yes
|
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
N/A
For Additional Information - No Link Provided
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
|
Yes
|
| H5.1. If yes, how is the presumption rebutted? |
By clear and convincing evidence.
For Additional Information - No Link Provided
|
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity? |
|
No
|
| H6.1. If no, briefly explain. |
The signature on the acknowledgment of paternity and proper filing with the Alabama Center for Health Statistics creates a legal finding of paternity; otherwise, court action is necessary to establish paternity. To request a copy of an Alabama Acknowledgment of Paternity, see Alabama Department of Public Health Link below to download the document. Go to the section for birth certificates. Download this form, but at the top of the document, write "Request for Certified Copy of Acknowledgment of Paternity". If you don't include this information, you will receive a birth certificate. There is a $15 charge for the Acknowledgments. Payment made to the Alabama Dept of Public Health. The form also includes an address where the form can be sent to obtain the Acknowledgment. Include a copy of your work Identification or a copy of your driver's license as well.
For Additional Information -
|
| H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
N/A
|
| H8. Does your state have any other paternity-related presumptions? |
|
Yes
|
| H8.1. If yes, briefly explain. |
|
Attempted marriage before, during or 300 days following the child's birth; if after child's birth, marriage or attempted marriage when father has either acknowledged paternity in writing and filed documents with appropriate courts or Bureau of Vital Statistics; with his consent he is named as the father on the child's birth certificate; been obligated to support via a written voluntary promise or court order; received the child into his home or openly holds the child as his natural child; or acknowledged his paternity of the child in a writing filed in accordance with provisions of legitimization statute; signed acknowledgment of paternity.
|
| H9. Does your state have a putative fathers' registry? |
|
Yes
|
| H9.1. If yes, what is the name of that entity? |
Putative Father Registry
For Additional Information - No Link Provided
|
| H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics? |
|
Yes
|
| H10.1. If yes, please describe any circumstances under which these fees may be waived. |
None
For Additional Information - No Link Provided
|
| H11. Is common-law marriage recognized in your state? |
|
Yes
|
| H11.1. If yes, briefly describe the standard that defines common-law marriage. |
|
Must be an actual and mutual agreement to enter into a matrimonial relationship; must be permanent and exclusive of all others; must be followed by public recognition of existence of common law marriage or alternatively, consummate marriage by cohabitation as husband and wife or, by mutually assuming openly marital duties and obligations; parties must have capacity to marry. Common law marriage is not statutory but recognized in case law which goes back to the 19th century.
|
| H11.2. When did your current common-law standard go into effect? |
|
01/01/1975
|
| H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
Common law marriage is not statutory, but recognized in case law, which goes back to the 19th century.
For Additional Information - No Link Provided
|
| H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing? |
|
The method of testimony is determined by the court.
|
| H13. Give the statutory citation for your state's long-arm statute and list any special provisions. |
Rules 4 through 4.4 of the Alabama Rules of Civil Procedure.
For Additional Information -
|
| H14. Does your state recover genetic testing costs for another state? |
|
Yes
|
| H14.1. If yes, please explain. |
|
As requested
|
| H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed? |
|
One set of documents can be sent with a paternity acknowledgment for each child.
|
| H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
|
One set of documents can be sent with a paternity acknowledgement for each child.
|
| I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
|
Judicial.
|
| I1.1. If your state can establish under both, under what circumstances would the administrative process be used? |
|
Administrative is not used.
|
| I1.2. Under what circumstances would a judicial process would be used? |
|
In every case.
|
| I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures. |
There is no administrative method to establish support.
For Additional Information - No Link Provided
|
| I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)? |
The custodial parent's income
For Additional Information -
|
| I3. What criteria for rebutting your presumptive guidelines have been established in your state? |
A written finding on the record based on evidence that the application of the guidelines would be unjust or inappropriate, agreement establishing a different amount and stating the reasons therefore, reviewed and approved by the court.
For Additional Information - No Link Provided
|
| I4. Will your state establish support orders for prior periods? |
|
Yes
|
| I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
|
|
If it is a paternity action, two years prior to filing of paternity action or back to the birth of the child if the child is less than two years old when action is commenced. If the legal duty to support already exists but there has not been a support order, back to the date the duty to support commenced.
|
| I4.2. What information or documentation does your State require to proceed? |
Income information for guidelines.
For Additional Information - No Link Provided
|
| I4.3. Will your state allow a petition for support when the only issue is retroactive support? |
|
Yes
|
| I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
|
If it is a paternity action, two years prior to filing of paternity action or back to the birth of the child if the child is less than two years old when action is commenced. If the legal duty to support already exists but there has not been a support order, back to the date the duty to support commenced.
|
| I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support? |
Administrative process for paternity establishment(paternity acknowledgement) and for collection.
For Additional Information - No Link Provided
|
| I6. What is your state's statutory authority for the administrative process? |
Alabama Code 26-17-22, 30-3-171 through 179, 30-3-191 through 194, 30-3-197 through 198.
For Additional Information -
|
| I7. Is there a local state law that allows an interstate administrative subpoena? |
No
For Additional Information - No Link Provided
|
| I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child? |
No
For Additional Information - No Link Provided
|
| I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended? |
|
No
|
| I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
Yes
|
| I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification? |
|
Modification
|
| I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established? |
|
If the existing court order expressly granted custody to one party, the new custodian would need to obtain legal custody. Some jurisdictions may process TANF cases
|
| I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee? |
|
Yes, if the existing court order expressly granted custody to one party
|
| I14. What methods of personal service does your state use? ** |
|
Forward documents needing to be served to the sheriff or other public official
Forward documents needing to be served to a private contractor
|
| I15. Does your state send and receive pleadings and documents electronically in international cases? ** |
|
No
|
| I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. ** |
|
N/A
|
| I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? ** |
|
None
|
| I17. Please provide the relevant statutory or case law citation. ** |
N/A
For Additional Information - No Link Provided
|
| I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? ** |
|
No
|
| I18.1 If yes, indicate the appropriate responses. ** |
|
N/A
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
|
|
| J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
|
Administrative.
|
| J2. Is the lien process in your state judicial, administrative, or both? |
|
Administrative and judicial.
|
| J2.1. What are the trigger criteria for filing a lien? |
$1,500 arrearage, income withholding not possible, or NCP has or is likely to acquire property.
For Additional Information - No Link Provided
|
| J2.2. Where are your state liens filed? |
|
Administrative: County, Judge of Probate's Office-where real property is located County, Secretary of State-personal property. In records where Uniform Commercial Code financing statements are filed Judicial: County, Judge Probate's Office-where property located.
|
| J2.3. Does your state charge a fee for filing a lien? |
|
Yes
|
| J2.4. If yes, please indicate the amount. |
|
Varies
|
| J.3. Does your state enforce property seizure and sale? |
|
Yes
|
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
|
Both
|
| J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
|
Administrative
|
| J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
|
Delinquent
|
| J4.2. Does your state's income withholding definition include amounts in financial institutions? |
No
For Additional Information - No Link Provided
|
| J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
|
No
|
| J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
|
N/A
|
| J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
|
N/A
|
| J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
|
Three-months delinquency. No accounts exempted.
|
| J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
$1,000 minimum delinquency.
For Additional Information - No Link Provided
|
| J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
|
Yes.
|
| J5.3.1. If yes, please provide the time frame. |
|
21 days
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
|
No
|
| J5.4.1. If yes, provide the percentage. |
|
N/A
|
| J5.4.2. Is the percentage different for joint accounts? |
|
No
|
| J5.4.3. If yes, describe. |
|
N/A
|
| J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
|
Yes. $500.00
|
| J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
|
The State
|
| J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
15 days for administrative review
For Additional Information - No Link Provided
|
| J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
|
Obligor can request an administrative hearing within 30 days after the administrative review is completed. Obligor can request a judicial review within 30 days after the administrative order is issued.
|
| J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
Error in the amount of past due support, mistaken identity, account does not belong to the obligor.
For Additional Information - No Link Provided
|
| J5.10. Is your state's complaint review process judicial, administrative, or both? |
|
Administrative
|
| J5.11. What are your state's penalties for incorrect seizures? |
|
None
|
| J5.12. Is the second challenge administrative, judicial, or both? |
|
Administrative
|
| J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
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15 days from receipt of notice. No unique requirements. Recourse for non-debtor to be determined.
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| J5.14. Is the freeze and seize operation in your state centralized or automated? |
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Centralized. In process of being automated.
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| J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
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No
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| J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
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No
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| J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
N/A
For Additional Information - No Link Provided
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| J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
Yes
For Additional Information - No Link Provided
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| J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
21 days
For Additional Information - No Link Provided
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| J6. Does your state withhold state funds or benefits? |
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Yes
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| J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
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Administrative and judicial.
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| J7. Describe any other administrative enforcement procedures your state may have. |
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Passport denial
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| J8. Describe any other judicial enforcement procedures your state may have. |
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Contempt
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| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Alabama Procedures Code Rules 660-3-17-.01 through 660-3-17-.07
For Additional Information -
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| J10. Which of your state's enforcement remedies are available without judicial actions? |
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None.
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| J11. Describe your state's procedures for registering and enforcing another state's order. |
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Same as required by UIFSA model legislation.
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| J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
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Judicial process is not required if administrative procedures of enforcement are available.
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| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
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Yes
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| J13.1. If yes, provide the statutory citation. |
Section 6-9-230 through 6-9-238 Code of Alabama 1975.
For Additional Information -
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| J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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The NCP's total arrears, fees, and interest (from all of the NCP's cases) is an amount equal to or greater than $1000.
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| J15. To which credit bureaus does your state report an obligor's child support information? |
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Equifax, Experian, TransUnion, Innovis
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| J16. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative
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| J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
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| J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
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MSFIDM, FIDM, and withholding from state unemployment Compensation benefits
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| J19. What documentation does your state require to proceed with an AEI request? |
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A UIFSA Trans 1, a copy of the court order, and documentation of arrearages. This information is needed for case setup.
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| J20. What mandatory data elements does your state need to process AEI requests? |
All of the demographic information from the Trans 1, case and court order identifiers, the obligor's full SSN, court order terms, and court order balances
For Additional Information - No Link Provided
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| J21. Which additional data elements would aid your state in processing AEI requests? |
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Direct contact information for the person sending the request, not a generic customer service number.
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| J22. How many copies/sets of documents does your state require with an AEI request? |
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One copy
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| J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
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The only criteria that must be met for withholding from Unemployment Compensation benefits is that the obligor must actually be receiving the benefits
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| J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
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No
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| J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
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We require: 1. Transmittal 1 with "FIDM ONLY, close case after collection" indicated as the service selection. 2. Certified copy of the order. 3. Certified pay records or APDS. We do not require a registration statement if we are being asked to do Freeze and Seize only. The information on the Transmittal 1 is needed for setup purposes.
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| J25. What is the procedure for obtaining a certified copy of a court order? |
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Preferably an e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker.
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| J26. What is the procedure for obtaining a certified payment record? |
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Preferably an e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker.
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| J27. Is there a cost for requesting a certified copy of a court order or payment record? |
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That is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information.
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| J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
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No special provision for low income parents or hardships
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| J29. What triggers a driver's license revocation? |
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A third finding of delinquency if the noncustodial parent has received two license suspensions within the previous 12 months
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| J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
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Yes
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| J29.2 If yes, what is the amount? |
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Arrears must be equal to or greater than six months current support obligation
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| J30. Under what conditions may a noncustodial party restore the driver's license? |
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Pay arrearage in full or enter into an approved payment plan
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| J30.1 What is the process for restoring a driver's license? |
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Pay arrearage in full or enter into an approved payment plan
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| J31. Does your state allow temporary or conditional driver's licenses? |
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No
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| J31.1 If yes, what are the conditions? |
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N/A
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| J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
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N/A
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| J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
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Yes
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| J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
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Yes
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| J33.2 What is the dollar amount? |
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$150 for TANF or IV-E Foster Care cases or $500 for Non-TANF and Medicaid Only Cases
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| J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
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No
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| J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
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N/A
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| J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
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No
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| J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
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N/A
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| J36.2 What is the dollar amount? |
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N/A
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| J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
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Yes
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| J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
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Yes
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| J38.2 What is the dollar amount? |
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$500
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| J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
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Yes
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| J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
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No
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| K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
Three years.
For Additional Information - No Link Provided
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| K2. Briefly describe your state's modification procedure. |
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Petitions filed by agency upon request of either the client or an agency determine the action that is appropriate following a review of the order.
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| K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
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At least 10% change from the current order
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| K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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| K4.1. The earnings of the obligor have substantially increased or decreased. |
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Yes
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| K4.2. The earnings of the obligee have substantially increased or decreased. |
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Yes
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| K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
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Yes
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| K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
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No
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| K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes
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| K4.6. There has been a substantial change in childcare expenses. |
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Yes
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| K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
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Nothing identified.
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| K5. Does your state have cost of living adjustments (COLAs) for orders? |
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No
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| K5.1. If yes, what index does your state use? |
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N/A
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| K6. How does your state credit SSA disability to current and past-due support? |
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Benefits in excess of the child support obligation paid to a child when the NCP is disabled are in lieu of child support and satisfies the child support obligation for the time period that the payments represent. However, if the SSA payments are greater than the child support payments would have been for the same period, the excess may not be applied against an arrearage that accrued prior to the time of disability.
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| K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
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No
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| K7.1. If yes, explain the circumstances? |
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N/A
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| K7.2. What is the statutory citation for your abatement law? |
*No administrative abatement. Court action is required to abate or suspend child support.
For Additional Information - No Link Provided
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| K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Birth Certificate (if order is being modified to add a child), all court orders, and payment records.
For Additional Information - No Link Provided
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| K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
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For another state to obtain a copy of a paternity acknowledgement and/or birth certificate, please contact the Department of Public Health Center for Health Statistics, 201 Monroe Street, RSA Tower, Montgomery, AL 36130 (334)206-5426 or visit their website at www.alabamapublichealth.gov/vitalrecords/index.html
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| K8. What information does your state require to register an out-of-state order for enforcement/modification? |
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Transmittal #1 uniform Support Petition, General Testimony, Registration Statement and Certified Copies of court orders and Pay Records
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| K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
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Departmental Administrative Rules allow for an administrative income withholding order to be issued in the amount that was previously ordered toward current support. Other amounts could be ordered judicially.
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| K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
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Departmental Administrative Rules require that an administrative income withholding order can only be issued in the amount that is court ordered toward the arrears. The amount ordered could be changed judicially.
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| K10. What circumstances will cause your state to end child support before the normal duration? ** |
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The child emancipates before the normal duration
The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else
The child marries
The child is adopted by someone other than the non-custodial parent
The child has been removed from the family and is a civil ward of the state
The child support order states that child support ceases prior to the normal duration
The child enters into military service prior to the normal duration
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| L1. Does your state define a lump sum payment? |
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No
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| L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
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N/A
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| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided
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| L2. Does your state law require employers to report lump sum payments? |
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No
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| L2.1 If yes, give the statutory citation or rule. |
N/A
For Additional Information - No Link Provided
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| L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
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No
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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N/A
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| L4. How are employers instructed to report a pending lump sum? |
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Not Required
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| L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
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Not Required
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| L6. Does your state use the income-withholding order to attach the lump sum payment? |
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No
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| L7. Does your state use the lien/levy process to attach lump sum payments? |
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Yes
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| L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
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General Notice of Levy
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| L8. What other documents does your state use to attach lump sum payments? |
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Notice of Lien which is registered with the Alabama Secretary of State
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| L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
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No
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| L9.1. If yes, what are those limits? |
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N/A
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| L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
No
For Additional Information - No Link Provided
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| L9.3. If yes, what are those limits? |
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N/A
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| L9.4. If no, what percentage is the employer required to withhold? |
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N/A
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| L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
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No
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| L10.1 If yes, would the employer only withhold for that period's obligation? |
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N/A
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| L11. Does your state have a direct deposit program? |
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Yes
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| L11.1 If so, specify the vendor. |
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Xerox State and Local Solutions
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| L12. Does your state have a debit card program? |
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Yes
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| L12.1 If so, specify the vendor. |
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Xerox
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| L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
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No
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| L13.1 If so, are there fees involved? |
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N/A
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| L14. What are the fees associated with using the card? |
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N/A
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| L15. How does your state collect child support payments from an obligor? ** |
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Payments must be made to a central location
Payments may be made by income withholding
Payments may be made by electronic funds transfer
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| L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
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Payments may be by check
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| L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
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All payments are processed through a designated authority
All payments are processed upon receipt
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| L18. Does your state process electronic payments in international cases? ** |
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Yes
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| L18.1 If so, describe the process. ** |
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The funds are transferred to our bank via bank instructions
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| L19. What is your state's International Bank Account Number (IBAN)? ** |
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N/A
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| M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement. |
For Additional Information -
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| M1.1. Additional information on the CCPA. |
For Additional Information -
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| M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support? |
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No
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| M2.1. If yes, provide the statutory citation |
N/A
For Additional Information - No Link Provided
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| M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency? |
None
For Additional Information - No Link Provided
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| M2.2. How long before making a payment to a claimant must an insurer provide information to the agency? |
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N/A
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| M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)? |
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Alabama Law defines insurance companies as financial institutions so the insurance match is not limited to the type of claim
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| M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program? |
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None
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| M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)? |
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None
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| M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)? |
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Alabama's law does not address this
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| M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation. |
No. It provides that "The state Title IV D agency may impose penalties as established by rules and regulations applicable to penalties promulgated by the state Title IV D agency for failure of financial institutions to comply with the terms of this section.
Code of Alabama 1975 30-3-192(f)
Note: Alabama law defines insurance companies as financial institutions in 30 3 191.
For Additional Information - No Link Provided
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| M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law? |
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Yes, the financial institution is not held liable.
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| M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs? |
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Yes
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| M3.1. Provide the statutory citation. |
Code of Alabama 1975 30-3-192
For Additional Information -
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| M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)? |
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IWO and Lien/Levy
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| M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both? |
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Child Support Enforcement Division
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| M5.1. Provide your statutory citation for notifying an NCP of insurance intercept. |
30-3-197 (b)
For Additional Information -
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| M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation. |
The NCP has 15 days from the date of notice to appeal.
For Additional Information -
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| M6. Are there attorney fees associated with the insurance intercept activity? |
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NO
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| M7. How does another state initiate and intercept collections from your state workers' compensation agency? |
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They would have to intercept collections from the individual Workers Compensation insurers. Alabamas WC agency records claims filed and benefits paid but it does not pay benefits.
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| M7.1. What is the process, the points of contact, and what forms? |
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Contact individual insurer
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** Signifies a Hague profile question