Current through Register Vol. 42, No. 5, February 29, 2024
Provision is made to withhold, restrict the use of, suspend, or
revoke licenses for failure to pay support, or failure to comply with subpoenas
or warrants relating to paternity or child support proceedings, and to
establish criteria for reissuing the licenses.
(1) When a noncustodial parent (NCP)
accumulates an arrearage equal to or greater than six months support payments
(does not have to be consecutive months), or fails to comply with subpoenas or
warrants relating to paternity or child support proceedings, the Department may
seek to have the NCP's Alabama license withheld, restricted, suspended or
subsequently revoked. Statute applies to support ordered by a court of this or
any other state, territory, or district of the United States, including support
ordered by any administrative agency having the authority to issue a support
order.
(a) The arrearage which determines
qualification for withholding, restricted use, suspension, or revocation of a
license is based upon current support obligations due (including child and
spousal support).
(b) Withholding,
restriction, suspension and revocation do not apply to a noncustodial parent
who is paying support and arrearages according to the terms of a court
order.
(2) Alabama
statute gives the following specific terms and definitions:
(a) Court - A court of competent jurisdiction
or administrative agency having the authority to issue and enforce support
orders.
(b) Delinquent or
Delinquency - A support debt or support obligation due and unpaid in an amount
equal to or greater than six month support payments as of the date of service
of a notice of intent to suspend or revoke a license.
(c) Department - The Alabama Department of
Human Resources, including the county department of human resources.
(d) License - Any license, certificate,
registration, or authorization issued by a licensing authority which grants a
person a right or privilege to engage in an occupational, professional,
sporting, recreational activity, or to operate a motor vehicle.
(e) Licensee - The holder of a
license.
(f) Licensing Authority -
Any department, division, board, agency, or instrumentality of the State of
Alabama or its political subdivisions that issues a license.
(g) Obligee (CP) - Either of the following:
1. A person to whom support benefits are
ordered by the court.
2. A public
agency of this or another state that has the right to receive support payments
or otherwise is providing support enforcement services under Title IV-D of the
Social Security Act. The term shall include the department.
(h) Obligor (NCP) - A person
ordered by a court to make periodic payments for the benefit and support of
another person or child.
(i)
Support or Support Order - Support of a minor child and spousal support when
the spousal support is collected pursuant to the requirements of Title IV-D of
the Social Security Act. Support order shall mean any order, decree, or
judgment for the 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 or other entity authorized to issue
the orders.
Author: Clifford Smith
Statutory Authority:P.L. 93-647;
42 U.S.C.
651 et seq.; Section 9 of P.L. 96-611;
42
U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306;
Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c)
of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN -CHILD SUPPORT ENFORCEMENT
PROGRAM; Code of Ala. 1975, as amended, §§
30-4-80
through -98,
38-2-6,
38-2-6(1),
38-10-1
through -11,
40-18-100
through -109,
30-3-170
through
30-3-179.
