(a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources.
(2) CHILD. A child as described or defined by the Social Security Act and amendments thereto and by state law.
(3) SUPPORT. Support of a minor child and spousal support when such spousal support is incidental to child support as required by Title IV-D of the Social Security Act.
(4) SUPPORT PROGRAMS. Locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support orders, collecting support and related matters as described or defined by the Social Security Act and amendments thereto and by state law.
(5) ADC, AFDC, AID TO DEPENDENT CHILDREN, and AID TO FAMILIES WITH DEPENDENT CHILDREN. Such terms shall have the same meaning and shall refer to the same public assistance program and may be used interchangeably to refer to the same program.
(6) AID. Such term, standing alone, shall mean the same as ADC or aid to dependent children or AFDC or aid to families with dependent children.
(7) COLLECTION AGENT. The prosecuting attorney, court clerk, court register, the Department of Human Resources, mobile accounts department or any other entity collecting Title IV-D support for the department.
(8) TITLE IV-D. Title IV-D of the Social Security Act including any amendments thereto.
(b) For the purposes of this article a prosecuting or district attorney is hereby defined as a legal entity of each county included in the judicial circuit in which he holds office.
(Acts 1979, No. 79-819, p. 1528, §3; Acts 1986, Ex. Sess., No. 86-709, p. 120, §1.)
Notes of Decisions
Cited in
5
cases, 1990–2013 · leading case:
DeMo v. DeMo, 679 So. 2d 265 (Ala. Civ. App. 1996).
DeMo v. DeMo, 679 So. 2d 265 (Ala. Civ. App. 1996).
“1990) (holding that the presence of the word "minor" in § 38-10-2(a)(3), Ala.Code 1975, is restrictive language and does not allow collection of post-minority child support by the State); Ex parte Bayliss, 550 So.”
Davis v. Blackstock, 159 So. 3d 708 (Ala. Civ. App. 2013).
“§ 38-10-2(a)(8), Code of Alabama, 1975. “ ‘Both the federal and state acts [provide] for automatic assignment of support rights to the state where an individual receives Aid to Dependent Children (ADC) or Aid to Families with Dependent Children (AFDC).”
Jones v. Williams, 592 So. 2d 605 (Ala. Civ. App. 1991).
“1990), this court recently held that the inclusion of the word "minor" in § 38-10-2(a)(3), Ala.Code 1975, of the Child Support Act specifically limited its application to minor children.”
State ex rel. Bivins v. Bivins, 617 So. 2d 286 (Ala. Civ. App. 1992).
“In that case this court determined that the action was barred by the definition of support contained in § 38-10-2(a)(3), which refers to “support of a minor child.”
State ex rel. Harris v. Harris, 559 So. 2d 66 (Ala. Civ. App. 1990).
· cites it 2× “We find that, just as the absence of the word “minor” in § 30-3-1 had allowed the Brewington and Bayliss exceptions to child support after the age of majority, the presence of the word “minor” in § 38-10-2(a)(3) is restrictive language and does not allow collection of…”
— Ala. Code § 38-10-2(a)(3) — 4 cases
DeMo v. DeMo, 679 So. 2d 265 (Ala. Civ. App. 1996).
“1990) (holding that the presence of the word "minor" in § 38-10-2(a)(3), Ala.Code 1975, is restrictive language and does not allow collection of post-minority child support by the State); Ex parte Bayliss, 550 So.”
Jones v. Williams, 592 So. 2d 605 (Ala. Civ. App. 1991).
“1990), this court recently held that the inclusion of the word "minor" in § 38-10-2(a)(3), Ala.Code 1975, of the Child Support Act specifically limited its application to minor children.”
State ex rel. Bivins v. Bivins, 617 So. 2d 286 (Ala. Civ. App. 1992).
“In that case this court determined that the action was barred by the definition of support contained in § 38-10-2(a)(3), which refers to “support of a minor child.”
State ex rel. Harris v. Harris, 559 So. 2d 66 (Ala. Civ. App. 1990).
“We find that, just as the absence of the word “minor” in § 30-3-1 had allowed the Brewington and Bayliss exceptions to child support after the age of majority, the presence of the word “minor” in § 38-10-2(a)(3) is restrictive language and does not allow collection of…”
— Ala. Code § 38-10-2(a)(8) — 1 case
Davis v. Blackstock, 159 So. 3d 708 (Ala. Civ. App. 2013).
“§ 38-10-2(a)(8), Code of Alabama, 1975. “ ‘Both the federal and state acts [provide] for automatic assignment of support rights to the state where an individual receives Aid to Dependent Children (ADC) or Aid to Families with Dependent Children (AFDC).”
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