1. (1) The Department of Human Resources is the support enforcement agency in Alabama.

2. (2) Upon request, the Department will provide the following services to a petitioner in a UIFSA proceeding:

   1. (a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
   2. (b) request an appropriate tribunal to set a date, time, and place for a hearing;
   3. (c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
   4. (d) Within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
   5. (e) Within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
   6. (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

3. (3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

   1. (a) To ensure that the order to be registered is the controlling order; or
   2. (b) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
4. (4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
5. (5) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Code of Ala. 1975, as amended, Section 30-3D-319.
6. (6) UIFSA does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Author: Clifford Smith

Statutory Authority: P.L. 104-193, §§321-325; Code of Ala. 1975, as amended, §§38-10-1 through 38-10-12, 30-3D-101 through 30-3D-902.

History: Succedent emergency adoption effective April 10, 1998. New Rule: Filed March 6, 1998; effective April 10, 1998. Amended: Filed August 5, 2015; effective September 9, 2015.