Article 1 General Provisions 30-3-1 – 30-3-9
Article 2 Uniform Child Custody Jurisdiction Act 30-3-20 – 30-3-44
Article 3 Withholding Orders for Child Support 30-3-60 – 30-3-71
Article 5 Order of Retroactive Support 30-3-110 – 30-3-115
Article 6 Custody and Domestic or Family Abuse 30-3-130 – 30-3-136
Article 7 Joint Custody 30-3-150 – 30-3-157
Article 7A Alabama Parent-Child Relationship Protection Act 30-3-160 – 30-3-169.10
Article 8 Driver’s License Suspension or Revocation for Failure To Pay Support Payments 30-3-170 – 30-3-179
Article 9 Alabama Child Support Reform Act of 1997 30-3-190 – 30-3-200

Terms Used In Alabama Code > Title 30 > Chapter 3

  • AGRICULTURAL LAND: Any real property classified or assessed as agricultural or forest land for property tax purposes. See Alabama Code 45-29-71.05
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 45-28A-42.07
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 45-26-231.06
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: Any public corporation organized pursuant to the provisions of this chapter. See Alabama Code 45-28-243.01
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • board: The board of directors of an authority. See Alabama Code 45-28-243.01
  • bonds: Bonds, notes, or other obligations representing an obligation to pay money. See Alabama Code 45-28-243.01
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2. See Alabama Code 45-26-231.06
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 45-26-231.06
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • CHANGE OF PRINCIPAL RESIDENCE: A change of the residence of a child whose custody has been determined by a prior court order, whether or not accompanied by a change of the residence of a person entitled to custody of the child, with the intent that such change shall be permanent in nature and not amounting to a temporary absence of the child from his or her principal residence. See Alabama Code 30-3-161
  • child: A minor child as defined by subdivision (2) of Section 30-3B-102. See Alabama Code 30-3-161
  • CHILD CUSTODY DETERMINATION: A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Alabama Code 30-3-161
  • CLERK OF THE COURT: Any circuit court clerk, district court clerk or juvenile court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court's clerical duties in regard to domestic relations matters, support and nonsupport cases, including the receipt and disbursement of support payments. See Alabama Code 30-3-60
  • commencement: The filing of the first pleading in a proceeding. See Alabama Code 30-3-161
  • COMMERCIAL PROPERTY: Any real property that is not residential property, as defined in this section, or has not specifically been exempted from the fee provisions set out in Section 11-89C-9(d)(1). See Alabama Code 45-29-71.05
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • county: Any county in the state. See Alabama Code 45-28-243.01
  • 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. See Alabama Code 30-3-60
  • court: An entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Alabama Code 30-3-161
  • court: A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders. See Alabama Code 30-3-170
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Department of Human Resources of the State of Alabama, including the county department of human resources. See Alabama Code 30-3-60
  • department: The Alabama Department of Human Resources, including the county departments of human resources. See Alabama Code 30-3-170
  • Dependent: A person dependent for support upon another.
  • DETERMINING SUBDIVISION: With respect to an authority, any determining county or determining municipality. See Alabama Code 45-28-243.01
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 45-26-231.06
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 45-28A-42.07
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • DOMESTIC ENTITY: An organization formed and existing under this title. See Alabama Code 45-26-231.06
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 45-26-231.06
  • Employee: includes an officer but not a director. See Alabama Code 45-28A-42.07
  • employer: Any person, business, corporation, partnership, company, firm, or unit of municipal, county, state, or federal government. See Alabama Code 30-3-60
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 45-28A-42.07
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • facility: All or any part of either or both of (i) a solid waste disposal facility, and (ii) a resource recovery facility, including all land, rights-of-way, property rights, franchise rights, machinery, equipment, vehicles, furniture, fixtures, and all other property, rights, easements, and interests necessary or desirable in connection therewith. See Alabama Code 45-28-243.01
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 45-28A-42.07
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GOVERNING BODY: The governing body of a county or municipality in the state which is now or may hereafter be specifically designated in 40 C. See Alabama Code 45-29-71.05
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • income: Wages, salary, tips, commissions, bonuses, unemployment compensation, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest, and any and all money due or payable to a person, the entitlement to which is based upon remuneration for employment, past or present, after the deduction of those amounts required to be withheld by law. See Alabama Code 30-3-60
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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, or recreational activity, or to operate a motor vehicle. See Alabama Code 30-3-170
  • licensee: The holder of a license. See Alabama Code 30-3-170
  • LICENSING AUTHORITY: Any department, division, board, agency, or instrumentality of the State of Alabama or its political subdivisions that issues a license. See Alabama Code 30-3-170
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • MEMBER GOVERNING BODY: A governing body that joins a public corporation established pursuant to this chapter. See Alabama Code 45-29-71.05
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 45-26-231.06

  • modification: A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Alabama Code 30-3-161
  • MUNICIPAL SEPARATE STORM SEWER: A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains:

    (i) Owned or operated by a city, town, county, association, or other public body;

    (ii) Designed or used for collecting or conveying storm water;

    (iii) Which is not a combined sewer; and

    (iv) Which is not part of a publicly owned treatment works as defined in 40 C. See Alabama Code 45-29-71.05

  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 45-26-231.06
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
  • obligee: Any person for whom support benefits are ordered by the court and shall specifically include the Department of Human Resources when any person has assigned their rights to support payments to the department under any provision of law or when the department is otherwise representing the obligee. See Alabama Code 30-3-60
  • obligee: Either of the following:

    a. See Alabama Code 30-3-170

  • obligor: Any person ordered by the court to make periodic payments for the benefit and support of another person or minor child. See Alabama Code 30-3-60
  • obligor: A person ordered by a court to make periodic payments for the benefit and support of another person or child. See Alabama Code 30-3-170
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 45-26-231.06
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 45-26-231.06
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
  • PHYSICAL CUSTODY: The physical care and supervision of a child. See Alabama Code 30-3-161
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 45-28A-42.07
  • PRINCIPAL RESIDENCE OF A CHILD: Any of the following:

    a. See Alabama Code 30-3-161

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • PUBLIC CORPORATION: Any public corporation created pursuant to this chapter. See Alabama Code 45-29-71.05
  • Record date: means the date established under Article 6 or 7 on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Alabama Code 45-28A-42.07
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • RESIDENTIAL PROPERTY: Any single-family owner-occupied residential property, historic buildings, or sites classified or assessed as Class III property, pursuant to Section 217 of Article XI of the Constitution of Alabama of 1901. See Alabama Code 45-29-71.05
  • rule: Any public corporation regulation or standard of general applicability that prescribes or recommends law, procedure or policy for its member governing bodies specifically including all pro forma ordinances, regulations, resolutions, rules, procedures or remedies adopted and recommended by a public corporation. See Alabama Code 45-29-71.05
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 45-28A-42.07
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 45-28A-42.07
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 45-28A-42.07
  • state: The State of Alabama. See Alabama Code 45-28-243.01
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • STORM WATER LAWS: Those provisions of the Clean Water Act, 33 U. See Alabama Code 45-29-71.05
  • Subpoena: A command to a witness to appear and give testimony.
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 45-26-231.06
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Alabama Code 45-28A-42.07
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 45-26-231.06
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treasury shares: means shares of a corporation that have been issued, have been subsequently acquired by and belong to the corporation, and have not been canceled or restored to the status of authorized but unissued shares. See Alabama Code 45-28A-42.07
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 45-28A-42.07
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.