Ala. Admin. Code r. 660-3-17-.01

Current through Register Vol. 42, No. 10, July 31, 2024

Section 660-3-17-.01 - Definitions

(1) As used in this Chapter, the following terms shall have the following meaning:

(a) "Arrearage" - Past-due support that accrues under an order for support. The child support debt owed by the noncustodial parent to the custodial parent or to the state; a delinquency, Statutory interest that accrues on the debt is included in past-due support.

(b) "Court" - Any juvenile or family court division of the circuit or district court in the county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found and, in the case of a petition seeking a divorce, or legal separation, a petition seeking a modification of support previously ordered under a divorce decree or a petition seeking a contempt citation for failure to pay support previously ordered under a divorce decree, the circuit court or the domestic relations division of the circuit court. In cases involving the enforcement of another state's order of support within this state, court may mean the courts of the county where the employer is located or is found, and may also mean the court or agency of another state or jurisdiction outside the State of Alabama whose functions include the issuance and enforcement of support order.

(c) "Department" - The Department of Human Resources of the State of Alabama, including the County Department of Human Resources.

(d) "Lien" - A legal claim on property which is a security for the payment of a debt, obligation, or duty.

(e) "Noncustodial Parent (NCP)" - A parent who does not have the child in his or her care and is responsible for paying support. The term includes an obligor.

(f) "Notice of Lien" - An official notice from the State Title IV-D agency of a judicial or administrative lien against a noncustodial parent.

(g) "Support or Support Order" - Any order, decree or judgment for 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 of this state or a court or agency of another state or jurisdiction, whether interlocutory or final, including orders issued of any of the following purposes:

1. Current support of a minor child.

2. Current medical support which includes the cost of medical insurance of unreimbursed medical expenses.

3. Arrearage that has accrued due to unpaid child or medical support during the child' s minority, including enforcement, post majority of arrearages accrued during minority and interest that has accrued or continues to accrue on that arrearage.

4. Spousal support when such spousal support is collected by the Department of Human Resources or the department's designee pursuant to the requirements of Title IV-D of the Social Security Act.

(h) "State Title IV-D Agency" - The state agency designated to administer the statewide child support program authorized under Title IV-D of the Social Security Act.

Ala. Admin. Code r. 660-3-17-.01

New Rule: Filed May 3, 2002; effective June 7, 2002.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 07, April 29, 2016, eff. 6/2/2016.

Author: Clifford Smith

Statutory Authority: P.L. 104-193; Code of Ala. 1975, § 30-3-191.