SB 84 — Filing fees, not required for certain qualified domestic relations orders

SB84 INTRODUCEDENROLLED SB84 4CSEI3I-14CSEI3I-2 By Senators Bell, Orr RFD:

08-Feb-24 Page 0 4CSEI3I-1SB84 01/30/2024Enrolled GPEnrolled, (L)lgAn 2023-2998Act, 23 4Relating SYNOPSIS:to filing fees;

Under existing law, there is a two hundred forty-eight dollar ($248) filing fee for cases filed in the domestic relations docket of the circuit court seeking to modify or enforce an existing domestic relations court order.

This bill would provide that no filing fee is required if a motion for a qualified domestic relations order is filed within 120 days of the final order.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

A BILL TO BE ENTITLED AN ACT Relating to filing fees;

Page 1 SB84 INTRODUCED Section 1.

Page 1 SB84 Enrolled provided, however, if attorney fees have been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount.

provided, however, if attorney fees have Page 2 SB84 INTRODUCED been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount.

However, if any plaintiff files an addendum to increase the damages requested to an amount that exceeds fifty thousand dollars ($50,000), or if the plaintiff fails to specify the amount in the filing, then the fee shall Page 2 SB84 Enrolled be two hundred ninety-seven dollars ($297) and distributed as provided for in subdivision (4) of Section 12-19-72.

(6) One hundred forty-five dollars ($145) for cases filed on the domestic relations docket of the circuit court in Page 3 SB84 INTRODUCED which the circuit clerk determines that the cases are contested at the time of filing.

For the purposes of this section, the term "qualified domestic relations order" has the 95 same meaning as 26 U.S.C.

(9) Two hundred ninety-seven dollars ($297) on a motion or complaint to appear as an intervenor or a third party Page 3 SB84 Enrolled plaintiff in a civil action of the circuit court other than cases filed on the domestic relations docket of the circuit court.

A default judgment pursuant to Rule 55(b), Page95 4 SB84 INTRODUCED Alabama Rules of Civil Procedure;

Page 4 SB84 Enrolled (12) In addition to the filing fees provided in subdivision (4), an additional one hundred dollars ($100) shall be charged for each additional plaintiff in those cases filed;

Nothing in this subdivision shall Page 5 SB84 INTRODUCED be interpreted as establishing a maximum number of plaintiffs.

(d) Nothing in Act 2004-636 shall limit a judge's authority to allow a civil case to proceed at no cost to a party upon the judge's approval of an affidavit of substantial Page 5 SB84 Enrolled hardship." Section 2.

Page 6 SB84 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB84 Senate 15-Feb-24 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Passed:

08-May-24 By:

Senator Bell Page 7