Ala. Code
Code of Alabama

Ala. Code § 30-3-110 (2026)

Civil Action for Order of Retroactive Support.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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There is hereby created a civil action to establish an order of retroactive support which may be brought against a non-supporting parent who has a duty to support as the legal parent of a child or children but has failed to provide support. The action may be brought by the parent or guardian with physical or legal custody who is providing the actual care and support for the child or may be brought by the Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action under this section can be brought only if support has not previously been ordered pursuant to a divorce or other action in this or any other jurisdiction.

(Acts 1994, No. 94-213, p. 298, §1.)

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1997–2025 · leading case: Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012).
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Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012). · cites it 10× “The mother’s final arguments concern the trial court’s award of retroactive child support under Ala.Code 1975, § 30-3-110 et seq. The mother first complains that the trial court erred in failing to award retroactive support back to the date of the children’s birth instead of to…”
Santiago v. Santiago, 122 So. 3d 1270 (Ala. Civ. App. 2013). · cites it 6× “1998) (Section 30-3-114 does not apply in proceedings in which child support previously has been ordered pursuant to a divorce judgment, per § 30-3-110, Ala.Code 1975). Sections 30-3-110 and 30-3-114 were enacted as part of the same act, Act No.”
A.B. v. J.B., 40 So. 3d 723 (Ala. Civ. App. 2009). · cites it 8× “The court recognized that the legislature had statutorily recognized this right by enacting Ala. Code 1975, §§ 30-3-110 through -115, but that the right to award retroactive child support had preexisted those statutes.”
Walker v. Walker, 695 So. 2d 58 (Ala. Civ. App. 1997). · cites it 6× “The wife answered and counterclaimed, seeking a divorce, custody of the parties' three minor children, child support, retroactive child support pursuant to § 30-3-110, Ala.Code 1975, a portion of the husband's retirement benefits, and periodic alimony.”
P.Y.W. v. G.U.W., 858 So. 2d 265 (Ala. Civ. App. 2003). · cites it 10× “Even before §§ 30-3-110 through -115 became effective in March 1994, the Alabama Legislature had made it clear that retroactive child support is favored in order to ensure that minor children receive the support that is their due.”
Pate v. Guy, 942 So. 2d 380 (Ala. Civ. App. 2006). · cites it 2× “Although the mother had not been employed full-time for over a year when the parties separated, she began teaching again within a year of the separation in order to provide sufficient income and health coverage for herself and the children.”
Calloway v. Mitchell, 718 So. 2d 65 (Ala. Civ. App. 1998). · cites it 4× “The father asserts that, pursuant to § 30-3-110 to -115, Ala.Code 1975, he is entitled to retroactive child support for the *68 years that he had custody of the daughter and did not receive support from the mother.”
McCaskill v. McCaskill, 104 So. 3d 186 (Ala. Civ. App. 2012). · cites it 2× “See Ala.Code 1975, § 30-3-110 through § 30-3-115.”
Pyw v. Guw, 858 So. 2d 265 (Ala. Civ. App. 2003). · cites it 12× “Even before §§ 30-3-110 through -115 became effective in March 1994, the Alabama Legislature had made it clear that retroactive child support is favored in order to ensure that minor children receive the support that is their due.”
Ab v. Jb, 40 So. 3d 723 (Ala. Civ. App. 2009). · cites it 8× “The court recognized that the legislature had statutorily recognized this right by enacting Ala. Code 1975, §§ 30-3-110 through -115, but that the right to award retroactive child support had preexisted those statutes.”
K.H.L. v. K.G.M., 782 So. 2d 804 (Ala. Civ. App. 2000). “See §§ 30-3-110 et seq., Ala.Code 1975.” However, it is within the discretion of the trial court to award retroactive support back to the filing of the complaint.”
T.L.H. v. R.A.R., 977 So. 2d 482 (Ala. Civ. App. 2007). “See § 30-3-110 et seq., Ala.Code 1975. In K.H.”
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