SB 237 — Child support, retroactivity provided for in certain circumstances

SB237 INTRODUCEDENGROSSED SB237 HDCS333-1IQFMWWZ-2 By Senators Coleman, Coleman-Madison RFD:

19-Mar-24 Page 0 HDCS333-1SB237 03/14/2024Engrossed GP2 (L)lg4 2024-1078A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT 9 Relating to child support;

Underto existingamend law,Section child26-17-636, supportCode determinations are made pursuant to Rule 32 of the Alabama Rules1975; of Judicial Administration.

This bill would require child-support orders entered within the first year after the birth of a child to be retroactive to nine months prior to the child's birth.

A BILL TO BE ENTITLED AN ACT Relating to child support;

to amend Section 30-3-155, Code of Alabama 1975;

Section 30-3-155,26-17-636, Code of Alabama 1975, is amended to read as follows:

"§30-3-155"§26-17-636 (a) InThe makingcourt ashall determinationissue ofan childorder support,adjudicating thewhether courta shallman applyalleged Ruleor 32claiming ofto be the Alabamafather Rulesis the parent of Judicialthe Administration.child.

(b) IfAn a child-support order isadjudicating enteredparentage withinmust theidentify Page 1 SB237 INTRODUCED first year after the birthchild ofby thename child,and thedate order shall be retroactive to nine months prior to the birth of thebirth, child."if Sectionknown. 2.

It(c) isExcept theas intentotherwise ofprovided in subsection (d), the Legislaturecourt that,may pursuantassess tofiling Sectionfees, 150reasonable ofattorney's thefees, Constitutionfees offor Alabamagenetic oftesting, 2022,other thecosts, Supremeand Courtnecessary oftravel Alabamaand amendother Rulereasonable 32expenses ofincurred thein Alabamaa Rulesproceeding ofunder Judicialthis Administrationarticle, subject to conformthe withfollowing thisrules: act.

Section(1) 3.Parties to proceedings under this chapter should pay the fees and expenses of retained counsel, expert witnesses, guardians ad litem, the costs of appropriate tests, Page 1 SB237 Engrossed and other costs of the trial as they may, themselves, incur.

The court may order reasonable fees for attorneys, expert witnesses, guardian ad litem fees, costs of appropriate tests and other costs of the trial, including docket fees, to be paid by the parties in such proportions as the court may direct.

In the event the court determines that a party is unable to pay the fees and costs as directed, it may order fees and costs, including fees and costs of appropriate tests, if such tests have been ordered by the court as provided in Section 26-17-506, to be paid from the fund entitled, "court costs not otherwise provided for." If costs and fees are ordered to be paid from the fund, claims shall be submitted by the clerk of the court to the state Comptroller for audit and allowance and, if approved by the Comptroller, shall be forwarded to the State Treasurer for payment from the fund.

Provided, docket fees and fees of retained counsel shall not be paid from the fund.

Docket fees shall be waived if the court determines that the parties are incapable of paying them.

(2) When an action is brought by the Department of Human Resources, its agent, the district attorney, or an attorney authorized to represent the State of Alabama, no fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein.

If an appeal is taken by the state, no security for the costs need be given.

(3) The court may award attorney's fees and other expenses, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.

Page 2 SB237 Engrossed (d) When a party bringing an action is represented by the district attorney or an attorney authorized to represent the State of Alabama, no filing fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein.

The court may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except as provided by other law or except for good cause shown.

(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.

(f) If the order of the court is at variance with the child's birth certificate, the court shall order the Alabama Office of Vital Statistics to issue an amended birth certificate.

(g) The order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

Upon paternity being established, the court shall immediately determine support payments at the conclusion of the paternity hearing and make support payment determination including the provision for medical support or health insurance a part of the order establishing paternity.

The order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and visitation of the child, or the furnishing of bond or other security for payment under the order.

The order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

Page 3 SB237 Engrossed (h) If a child-support order is entered within the first year after the birth of the child, the order shall be retroactive to nine months prior to the birth of the child.

ExceptOtherwise, except as provided in Title 30, Chapter 3, Article 5, Chapter 3, of Title 30, a parent's liabilities for past support is limited to a period of two years next preceding the commencement of an enforcement action under this chapter unless an order of support has been previously entered.

(i) The provisions of this article do not extend the 95 time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise." Section 2.

Page 24 SB237 Engrossed Senate Read for the first time and referred ................19-Mar-24 to the Senate committee on Children and Youth Health Read for the second time and placed ................04-Apr-24 on the calendar:

0 amendments Read for the third time and passed ................09-Apr-24 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

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