State of Alabama
Department of Human Resources
S. Gordon Persons Building
50 Ripley Street
P. O. Box 304000
Montgomery, Alabama 36130-4000
(334) 242-1310
July 27, 1999
Don Siegelman, Governor
Tony Petelos, Commissioner
To: Peg Walker
Administrative Office of Courts
From; Carolyn B. Lapsley, Director
Child Support Enforcement
Renate V, Dauser, Training Coordinator
Child Support Enforcement Division
Subject: Recommendation on Language Change in Domestic Relations
We would like to respond to J. Timothy Smith's letter of May 11,1999 which presented the recommendations of the Subcommittee. The Department of Human Resources is the State's IV-D (Child Support ) agency which has the responsibility to enforce and collect support. The recommendation to change the term "child Support" to "financial support" is acceptable. However, the subsequent recommendation linking "emotional and financial support" introduces an issue which the Department is not authorized to address.
It is also recommended that the terms "Plaintiff/Defendant" and/or "Wife/Husband" be deleted and changed to "Father/Mother". The Department of Human Resources may intervene in a divorce action and because of this right, additional parties may be added. In foster care cases in which the parents are divorced, the Department intervenes and becomes the "client" to whom all support is directed. We also file actions as State of Alabama, ex. rel. in divorce actions involving grandparents or other parties. In our interstate cases, as per the Uniform Interstate Family Support Act (UIFSA) each party (mother or father) may be both "petitioner or respondent" or "plaintiff or defendant" and are terms used by other states.
These recommendations may also need to be reviewed in light of the Uniform Child Custody Jurisdiction and Enforcement Act, Under Article 3. Enforcement, Section 301. Definitions. the article defines "petitioner" and "respondent" and thus in interstate childcustody matters, this language will be used by our state and other states as well.
We appreciate the opportunity to respond to these recommendation. If you have any questions, please feel free to contact me or Renate V. Dauser.
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