Ala. Admin. Code r. 660-3-9-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-3-9-.01 - Definition Of License Withholding, Restriction, Suspension And RevocationProvision is made to withhold, restrict the use of, suspend, or revoke licenses for failure to pay support, or failure to comply with subpoenas or warrants relating to paternity or child support proceedings, and to establish criteria for reissuing the licenses.
(1) When a noncustodial parent (NCP) accumulates an arrearage equal to or greater than six months support payments (does not have to be consecutive months), or fails to comply with subpoenas or warrants relating to paternity or child support proceedings, the Department may seek to have the NCP's Alabama license withheld, restricted, suspended or subsequently revoked. Statute applies to support ordered by a court of this or any other state, territory, or district of the United States, including support ordered by any administrative agency having the authority to issue a support order. (a) The arrearage which determines qualification for withholding, restricted use, suspension, or revocation of a license is based upon current support obligations due (including child and spousal support).(b) Withholding, restriction, suspension and revocation do not apply to a noncustodial parent who is paying support and arrearages according to the terms of a court order.(2) Alabama statute gives the following specific terms and definitions: (a) Court - A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders.(b) Delinquent or Delinquency - A support debt or support obligation due and unpaid in an amount equal to or greater than six month support payments as of the date of service of a notice of intent to suspend or revoke a license.(c) Department - The Alabama Department of Human Resources, including the county department of human resources.(d) License - Any license, certificate, registration, or authorization issued by a licensing authority which grants a person a right or privilege to engage in an occupational, professional, sporting, recreational activity, or to operate a motor vehicle.(e) Licensee - The holder of a license.(f) Licensing Authority - Any department, division, board, agency, or instrumentality of the State of Alabama or its political subdivisions that issues a license.(g) Obligee (CP) - Either of the following: 1. A person to whom support benefits are ordered by the court.2. A public agency of this or another state that has the right to receive support payments or otherwise is providing support enforcement services under Title IV-D of the Social Security Act. The term shall include the department.(h) Obligor (NCP) - A person ordered by a court to make periodic payments for the benefit and support of another person or child.(i) Support or Support Order - Support of a minor child and spousal support when the spousal support is collected pursuant to the requirements of Title IV-D of the Social Security Act. Support order shall mean any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse, or former spouse, issued by a court or other entity authorized to issue the orders.Ala. Admin. Code r. 660-3-9-.01
New Rule: Filed June 4, 1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective October 9, 2002. Amended (Rule and Form): Filed February 10, 2006; effective March 17, 2006. Amended: Filed August 12, 2013; effective September 16, 2013.Author: Clifford Smith
Statutory Authority:P.L. 93-647; 42 U.S.C. 651 et seq.; Section 9 of P.L. 96-611; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306; Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c) of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN -CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, as amended, §§ 30-4-80 through -98, 38-2-6, 38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 30-3-170 through 30-3-179.