Section 30-3-93

(Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Documents filed with clerk; service on obligor; hearing; withholding by court of this state.

(a) Upon receiving a request from an agency of another jurisdiction or a request from the obligee, obligor or an attorney for either, for assistance in obtaining an income withholding order in this state in order to enforce an obligor's duty of support which has been ordered by a court of another jurisdiction the department shall seek an income withholding order from an appropriate court of this state. Alternatively, the obligee may directly seek such income withholding order from the appropriate court of this state.

(b) The department or obligee shall file with the clerk of the appropriate court in this state three copies of a petition seeking the court's adoption of the other jurisdiction's support order, as modified by the court of the other jurisdiction, and entry of an income withholding order to reach income derived in this state. Additionally, the department or the obligee shall seek from the appropriate sources and shall file with the clerk of the court in this state the following documents:

(1) One certified copy and two additional copies thereof of the other jurisdiction's original support order with all modifications thereof, and one certified copy and two additional copies thereof of an income withholding order, if any was issued, still in effect;

(2) A sworn affidavit of the obligee or a certified statement of the agency of the official payment record and the arrearages, if any, and the assignment of support rights, if any;

(3) A copy of the portion of any income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that state;

(4) A sworn statement of the obligee or a statement of any other petitioner showing the name, address and social security number of the obligor, if known; the name and address of the obligor's employer who is the source of income of the obligor derived in this state and against whom income withholding is being sought; and the name and address of the agency, department or person to whom support payments collected shall be transmitted;

(5) Two copies of a notice of the proposed adoption of the other jurisdiction's support order and income withholding, advising the obligor that the support order will be adopted and that an income withholding order shall be issued by the court in accordance with the remaining provisions of this section. The notice shall also apprise the obligor of the defenses, as further provided in this article, that may be raised.

(c) The obligor shall be served by the methods authorized in the Alabama Rules of Civil Procedure with a copy of all of the documents listed in subsection (b) of this section. The support order of the other jurisdiction shall be adopted by the court of this state and an income withholding order shall be issued by the court upon motion of the petitioner unless the obligor requests a hearing within 10 days of the date of service of the petition, notice and other documents. Provided, further, if the obligor requests a hearing, the hearing shall be held and a decision rendered within 45 days of the date of service of the petition, notice and other documents upon the obligor unless the obligee, district attorney or representative of the Department of Human Resources requests a continuation of the case to a later date or the court, on its own motion and for good cause shown, continues the case to a later date.

(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §2; Acts 1997, No. 97-245, p. 398, §1.)