Ala. Admin. Code r. 660-3-10-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-3-10-.03 - Duties Of Support Enforcement Agency

(1) The Department of Human Resources is the support enforcement agency in Alabama.

(2) Upon request, the Department will provide the following services to a petitioner in a UIFSA proceeding:

(a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(b) request an appropriate tribunal to set a date, time, and place for a hearing;

(c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d) Within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

(e) Within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

(a) To ensure that the order to be registered is the controlling order; or

(b) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(5) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Code of Ala. 1975, as amended, Section 30-3D-319.

(6) UIFSA does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Ala. Admin. Code r. 660-3-10-.03

Succedent emergency adoption effective April 10, 1998. New Rule: Filed March 6, 1998; effective April 10, 1998.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/9/2015.

Author: Clifford Smith

Statutory Authority: P.L. 104-193, §§321-325; Code of Ala. 1975, as amended, §§ 38-10-1 through 38-10-12, 30-3D-101 through 30-3D-902.