Code of Alabama, 1975, Section 30-3-110, et. seq.
Article 5.
ORDER OF RETROACTIVE SUPPORT.
30-3-110. Civil action created; who may bring.
Statute text
There is hereby created a civil action to establish an order of retroactive support which may be brought against a non-supporting parent who has a duty to support as the legal parent of a child or children but has failed to provide support. The action may be brought by the parent or guardian with physical or legal custody who is providing the actual care and support for the child or may be brought by the Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action under this section can be brought only if support has not previously been ordered pursuant to a divorce or other action in this or any other jurisdiction. History
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
CASE NOTES
Procedure - Trial
Wife's counterclaim for retroactive child support was a compulsory counterclaim, and although both the divorce action and the counterclaim were filed in the domestic relations division of the county circuit court, that court was vested with jurisdiction to hear the matter. Because the trial court did not transfer the counterclaim to the juvenile or family court division, the trial court retained jurisdiction over the counterclaim and, thus, erred in ruling that the wife had to file a separate action under this section. Walker v. Walker 695 So. 2d 58 (Ala. Civ. App. 1997).
30-3-111. Commencement.
Statute text
The action shall be commenced prior to the time the child or children reaches the age of majority. History
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
30-3-112. Where filed; no jury trial.
Statute text
An action for retroactive support shall be filed in the juvenile or family court division of the district or circuit court in the county in which the parent or guardian resides or in the county in which the child resides. There shall be no right to a jury trial. (Emphasis added.)
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
30-3-113. Marital status of parties not controlling.
Statute text
An order of retroactive support may be awarded against the non-supporting parent irrespective of the marital status of the parties. History
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
30-3-114. Contents of order.
Statute text
The order of retroactive support shall be a sum certain judgment and may cover all periods in which the non-supporting parent failed to provide support. For all time periods in which support is requested, the court shall consider the needs of the child or children and the ability of the parents to respond to these needs, and shall determine the amount of support due for each period by application of the child support guidelines found in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during the time period for which support is sought. If the judgment for retroactive support includes support due for a period of time in which aid was paid by the Department of Human Resources and an assignment of support rights thereby exists under Section 38-10-4 and Section 38-10-5, the department shall be entitled to recover any support due the department under Section 38-10-6. History
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
CASE NOTES
Illustrative cases.
-- Trial court judgment that father was in arrears in child support was not contrary to the evidence and is affirmed where credit had been given for those periods when the children were not living with and not dependent on mother for support, and the record shows that the amount of money awarded to mother as arrearage is less than the amount claimed by her as being due. Battles v. Battles 338 So. 2d 1021 (Ala. Civ. App. 1976).
30-3-115. Rights under article additional to other laws. Statute text
The action for retroactive support authorized by this article is in addition to any rights to retroactive support granted by any other provision of law including, but not limited to, Section 26-17-8 nor shall the provisions of the article limit or affect the state's right to recover assistance paid as provided in Section 38-10-6. History
History: Acts 1994, No. 94-213.
Annotations
Alabama Law Review. - Survey of 1994 Alabama legislation. 46 Ala. L. Rev. 345 (1994).
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