1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

Offices in 67 counties.

2. What is the name of your IV-D agency?

Department of Human Resources Child Support Enforcement Division

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Judicial For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

CSENET and QUICK

5. Describe special requirements for telephonic or video participation in two-state actions.

There is no State law or State policy. For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Age of majority. Age of majority is 19. Code of Alabama 1975,§26-1-1 For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

19 years of age, unless child is emancipated prior that time For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, Alabama law allows post-minority support to be paid in the case of handicapped children and for college expenses. As of October 4, 2013, Alabama case law does not allow post-minority support to be established for college expenses. However, existing orders established prior October 4, 2013, may be enforced under Alabama law. The title IV-D Agency does not assist in collecting or enforcing post-minority support. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

When a child marries or there are allegations that the child is self-supporting, a modification of the order may be filed. It is up to the court to determine if child support is terminated. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No, a modification of the order may be filed if there is an allegation that the child is self-supporting.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

20 years from the date the child support payment was due. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

19 for purposes of child support No limitation to adjudicate parentage for a child having no presumed, acknowledged, or adjudicated father; even after the child becomes an adult, but only if the child initiates the proceeding For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

No.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Share Model For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

There shall be a court-ordered physical custody arrangement whereby each parent retains physical custody of a child 50% (or approximately 50%) of the time. For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged at 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged a 12% interest on the unpaid principal balance at the end of each month. For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged at 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged a 12% interest on the unpaid principal balance at the end of each month.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

Yes, effective September 1, 2011, any arrears balances accrued after September 1, 2011, will be charged at 7.5% interest on the unpaid principal balance at the end of each month. Any arrears balances accrued prior to September 1, 2011, will be charged a 12% interest on the unpaid principal balance at the end of each month.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

Yes, the unreimbursed, uninsured portion must be presented to the court and a judgment obtained before it can be enforced.

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

Requires a Judicial redirection of payments.

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

No

8. 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

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Must be addressed judicially.

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

Credit is not given.

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

No For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

Credit is not given.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

There is no State law or State policy.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

Yes, if this is the NCP’s sole income.

14. Does your state child support agency have a debt compromise program?

An interest rebate law allows for forgiveness of interest owed to the state and custodial parent (if the custodial parent agrees), in cases where current support is paid consistently for at least 12 months.

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, collection is enforced at the court ordered arrears amount, only. If an arrears amount was not ordered, collection is enforced at the support amount.

16. 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 custodial parent obtain legal custody before child support is addressed? Please describe.

Yes, if there is already an order addressing custody.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

The IV-D agency coordinates genetic testing with the laboratory and notifies the other party. When Alabama is the responding agency, Alabama will notify the initiating agency of the test date for the party in their state. For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99% For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Code of Alabama 1975, §26-17-201 An effective acknowledgment of paternity establishes parentage unless the AOP has been rescinded or successfully challenged. For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes By clear and convincing evidence. For Additional Information - No Link Provided

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

No, 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. For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Yes. A man is presumed to be the father of a child if: 1.He and the mother of the child are married to each other and the child is born during the marriage; 2.He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce; 3.Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; 4.After the child's birth, he and the child's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and; a)He has acknowledged his paternity of the child in writing, such writing being filed with the appropriate court or the Alabama Center for Health Statistics; or b)With his consent, he is named as the child's father on the child's birth certificate; or c)He is otherwise obligated to support the child either under a written voluntary promise or by court order; 5.While the child is under the age of majority, he receives the child into the home and openly holds out the child as his natural child or otherwise openly holds out the child as his natural child and establishes a significant parental relationship with the child by providing emotional and financial support for the child; or 6.He legitimated the child in accordance with State law.

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Putative Father Registry For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

The State of Alabama, Department of Human Resources does not provide this documentation. Yes. To request a copy of an Alabama Acknowledgment of Paternity or Birth Certificate, see Alabama Department of Public Health Link below to download the document. You will have to search for the Alabama Acknowledgement of Paternity form. There is a $15 charge for the Acknowledgments. Make check or money order payable to “Center for Health Statistics”. Birth Certificates also cost $15.00. Include a copy of your work Identification or a copy of your driver's license as well. For Additional Information - http://www.adph.org

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

1.No common law marriage may be entered into after January 1, 2017. 2.Before January 1, 2017, spouses could prove the existence of a common law marriage by proving certain elements.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

Send one packet with a separate Declaration in Support of Establishing Parentage form for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Administrative is not used.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

In every case For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

The parent's income For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Documentation includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return or with other documentation as the court directs.

3. 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, application of the guidelines would be unjust or inequitable. For Additional Information - https://www.alacourt.gov/ChildSupportInfo.aspx

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes, 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. For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Income information for guidelines For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes

4.3. 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. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Modification For Additional Information - No Link Provided

7. 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 custodial parent obtain legal custody before child support is addressed? Please describe.

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. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income 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 - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes Alabama Department of Human Resources Administrative Code, Chapter 660-3-16-.04 and Code of Alabama 1975, § 30-3-60 through 71 For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

No

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

No

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

The employer has 14 days to answer after service whether or not they will be able to withhold. Withholding commences on the first day period following the 14-day answer period. Once money is withheld, it is remitted within 7 working days.

5. What are your state’s sanctions for employers for not implementing income withholding?

Contempt action.

6. What are the penalties to an employer for failure to remit payments withheld?

Penalty is set by the court.

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

No

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

Other jurisdictions 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 Labor. Documents required are an IWO made to Alabama Department of Labor, 649 Monroe St., Montgomery, AL 36131, but mailed to Alabama Department of Human Resources, CSED, Gordan Persons bldg., 50 N. Ripley St, Montgomery, AL 36130. If your state does not display the obligor’s SSN on the IWO then you must still provide the obligor’s SSN. Also provide verification of the obligor’s arrears balance, if any, as the end of the preceding month.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

No

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

Lien and Levy

9. How does a noncustodial parent contest an income withholding in your state?

If sent judicially, request a court hearing. If it was sent administratively, request an administrative review by the IV-D agency.

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

Payment is prorated. For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

No

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

No

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

The State will follow PRWORA distribution rules in Former Assistance Cases.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Distribution is based on a pro rata share of support collected to each state owed support.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Distribution is based on a pro rata share of support collected to each state owed support. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

(See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) MSFIDM, FIDM, and withholding from state Unemployment Compensation Benefits.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

The only criteria that must be met for withholding from Unemployment Compensation Benefits is that the obligor must actually be receiving the benefits. A UIFSA Trans 1, a copy of the court order, and documentation of arrearages is needed for case setup.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

The NCP's total arrears, fees, and interest (from all of the NCP's cases) is an amount equal to or greater than $1000. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Equifax, Experian, TransUnion, Innovis

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

No

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes $150 for TANF or IV-E Foster Care cases or $500 for Non-TANF and Medicaid Only cases

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes $500

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes $500

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

No

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

No

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

Yes

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

No For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Centralized and automated

17. What are the criteria to attach an account in a financial institution in your state?

1.The NCP's total arrearages from all cases, including interest, must be at least $1,000.00. 2.The NCP's total arrearages from all cases, including interest, must be equal to at least three months current support obligation due under each case. 3.The balance of the NCP's financial account(s) must be at least $5,000.00 as of the date of the financial institution data match. 4.The NCP is not in bankruptcy. 5.A valid Notice of Lien must be filed with the Secretary of State. 6.NCP is not a SSI recipient.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

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. 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 case setup purposes.

20. Does your state's income withholding definition include amounts in financial institutions?

No For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes, a notice of lien and notice of levy is sent to the NCP. The state notifies the NCP. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

21 days For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes Until the challenge or appeal is resolved or has a final disposition Alabama Department of Human Resources Administrative Code, Chapter 660-3-17-.07 For Additional Information - https://www.alabamaadministrativecode.state.al.us/docs/hres.index.html

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

Amounts greater than $4500 For Additional Information - http://www.alabamaadministrativecode.state.al.us/docs/hres/index.html

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

(1) Mistake of Fact, (2) the child support debt is paid in full, (3) (S)He is receiving SSI, (4) (S)He does not meet the qualifications of lien/levy, (5) (S)He is involved in bankruptcy proceedings, (6) (S)He is strictly on the account for fiduciary purposes, (7) The financial account contains SSI money received by another joint account holder or individual who is an 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, or (10) the financial account is a joint account and the funds do not belong to him/her.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

No For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the NCP has received two license suspensions within the previous 12 months.

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

Pay arrearage in full or enter into an approved payment plan

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the NCP has received two license suspensions within the previous 12 months. Any license which grants a person a right or privilege to engage in a professional activity.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

Pay arrearage in full or enter into an approved payment plan

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

No

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

For suspension, arrears must be equal to or greater than six months current support obligation and the NCP has not made a payment within the last six months. For revocation, the criteria is a third finding of delinquency if the NCP has received two license suspensions within the previous 12 months. Any license which grants a person a right or privilege to engage in a recreational activity.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

Pay arrearage in full or enter into an approved payment plan

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

No

36. What are the criteria for initiating/filing a lien in your state?

1. $1,000 minimum delinquency. 2. Arrears and interest must be equal to at least three months current support under each case. 3. The balance of the financial account must be at least $5,000. 4. The NCP is not in bankruptcy. 5. A valid Notice of Lien must be filed with the Secretary of State. 6. The NCP is not a SSI recipient.

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Both Liens against real property shall be filed in the office of the Judge or Probate where the real property is located. Liens against personal property, other than property subject to a certificate of title shall be filed in the Office of the Secretary of State in the records where Uniform Commercial Code financing statements are filed.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

Yes Both A writ of execution is the formal process issued by the court commanding the officer, usually the sheriff, to take the property of the NCP in satisfaction of the debt.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Yes Administrative

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

No

40.1 If yes, is this enforcement judicial, administrative, or both?

N/A

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

Passport Denial

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

Contempt

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Three Years For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

Upon request of either the CP, NCP or the other state, the IV-D agency will determine the action that is appropriate following a review of the order. If a modification is appropriate, the case will be filed with the court. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

At least a 10% change upward or downward from the current order. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes For Additional Information - No Link Provided

4.4. The cost of living has changed.

No

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

4.6. There has been a substantial change in childcare expenses.

Yes

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

N/A For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Yes, reviews are mandated on all cases after learning the NCP will be incarcerated for more than 180 calendar days. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

If there is an existing child support order and the CP begins receiving the SSD benefits for the child from the NCP, then this probably would warrant a review to determine if it appears there will be a 10% change to the child support amount ordered.

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

Yes, the custodial parent or noncustodial parent must complete and return a signed Notice of Right to Review Child Support Court Order form

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

No.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Lien and Levy

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

N/A

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes, Alabama will only enforce cost recovery if the cost is included in a court order.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

Yes

3.2. Is it paid by the individual applying for child support services?

No

3.3. Is it recovered from the noncustodial parent?

No

3.4. Is it paid by the state out of its state funds?

No

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

No For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

N/A

3. What process does your state use to intercept insurance payments?

Lien/Levy For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Due to Alabama law defining insurance companies as financial institutions, insurance match is not limited to the type of claim and the other state will need to send a request to the lien/levy unit. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

No

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Preferably and 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. Cost is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Preferably and 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. Cost is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Code of Alabama 1975, §30-3D-101 through -902 For Additional Information - https://alison.legislature.state.al.us/code-of-alabama

2. How does your state define the tribunal (See UIFSA 103)?

The court of this state authorized to establish, enforce, or modify a support order or to determine parentage is the tribunal of this state. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

2 copies, including one certified copy of the order to be registered and also including any modification of the order.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

None

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

N/A

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No

3. 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.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

None For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

No

6. What circumstances will cause your state to end child support before the normal duration?

1. The child emancipates before the normal duration. 2. The child is no longer under the care of the custodial parent and there is no decision redirecting payments to someone else. 3. The child marries. 4. The child is adopted by someone other than the noncustodial parent. 5. The child has been removed from the family and is a civil ward of the state. 6. The child support order states that child support ceases prior to the normal duration. 7. The child enters into military service prior to the normal duration. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Payments are made by check for all Countries except The German Central Authority, Australia, Austria, Czeck Republic, Hungary, Latvia, Ontario, Portugal, Slovakia and Sweden. Payments are sent electronically to The German Central Authority. The German Institute for Youth and Family Law in Heidelburg accepts checks only.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

All payments are processed through a designated authority and processed upon receipt.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

Yes, the funds are transferred to our bank via bank instructions.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

No

2. What is your state's SDU bank name?

PNC

3. What is your state's SDU vendor name?

Conduent

4. What is your state's web-based payment service for employers?

Expertpay.com

5. What is your state's web-based payment service for noncustodial parents?

Expertpay.com and Moneygram.com

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Expertpay.com and Moneygram.com

7. How does your state accept card payments?

Web, mobile app, and pay-by-phone

8. Are there fees associated with the credit card payments?

Yes. Fees vary by vendor. Parents and employers can make electronic payment transactions fee free through ACH Debit.

9. Does your state have other payment options?

Check, money order, and cashier’s check sent to the SDU P.O. Box. Noncustodial parents can also make cash payments via Moneygram at retailers such as Walmart and CVS.

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin 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.

11. When must an employer remit amounts withheld from an employee's pay?

Once money is withheld, it must be remitted within 7 working days.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Federal, state, city taxes, FICA

13. What is your state's priority for withholdings?

Current support, medical support, arrears

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Yes. Code of Alabama Section 30-3-67

15. What are the withholding limits for non-employees?

Not applicable.

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Distribution is made based upon the percentage of the total amount required to satisfy all of the respective support orders multiplied by the total amount available for distribution.

17. When does your state require employers to send notice of an employee's termination?

Promptly

18. How long should an employer retain the order after the employee's termination?

There is no State law or State policy

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$2 per month

20. Provide your state's statutory citation.

Code of Alabama 1975, §30-3-60 through § 30-3-71

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Not applicable.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

No

23. Does your state have a threshold amount for a lump sum to be reported?

Not applicable

24. Does your state citation or rule provide how long the employer must hold the lump sum?

Not applicable

25. Is the Income Withholding Order (IWO) used for lump sums?

No

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Liens and garnishments

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

Alabama Code § 6-10-7 limits the garnishment of earnings to 25%

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

Garnishments and liens against money that is not earnings can be up to 100%

29. What is your state's Medical Support Statute?

Rule 32(A)(4) Alabama Rules of Judicial Administration

30. What is your state's Reasonable Cost Definition?

If the cost to the parent responsible for providing medical support does not exceed 10% of his or her gross income.

31. What is the Health Coverage Expense?

The pro rata portion of the medical insurance premium attributable to the child or children who are the subject of the support order,

32. What is the Income Withholding Limits for Support?

The total amount withheld for both cash and medical support cannot exceed 50% of the employee’s aggregate disposable weekly earnings. The employer may not withhold more than the lesser of (1) the amounts allowed by the Federal Consumer Credit Protection Act; (2) The amount allowed by the State of the employee’s principal place of employment; or (3) the amounts allowed for health insurance premiums by the child support order.

33. What is the Priority of Withholding?

In IV-D child support cases if the noncustodial parent is ordered to pay current child support and medical support, and his/her income is not sufficient to cover both obligations, current child support must be withheld first.

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

In IV-D child support cases if the noncustodial parent is ordered to pay current child support and medical support, and his/her income is not sufficient to cover both obligations, current child support must be withheld first.

35. According to 45 CFR §303.32(a), what are your state options?

The IV-D Agency will only enforce a medical support order against the noncustodial parent.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

The employee may contest the NMSN based upon mistake of fact and may appeal on record to the circuit court in the county of the court which issued the NMSN. The noncustodial parent may still contact the county child support office that issued the NMSN and request an administrative review prior to initiating this action. If the issue cannot be resolved through an administrative review, the noncustodial parent may request an administrative hearing.

37. What is the reporting timeframe (non-magnetic media only)?

within seven days of hiring, notwithstanding the foregoing, twice a month, not less than 12 days nor more than 16 days apart,

38. What are the required data elements?

New Hire Information: name, address, Social Security number, date of hire of each newly hired, recalled, rehired individual, the name, address, state, federal identification numbers of the employer;

39. What are the methods of transmission?

electronically via the internet and by mail or fax.

40. Does your state require independent contractor reporting?

No