Code of Alabama
Ala. Code § 38-10-6 (2026)
Effect of Payment of Aid to or on Behalf of Dependent or Needy Child by Department.
✓ official Alabama Legislature (ALISON) text, current July 2026
The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which a court has ordered support incident to a divorce decree or any other order for child support, the debt shall be limited to the amount specified in such court decree or court order. The liability for said debt to the department shall then apply only with respect to the support payments owed for the period of time during which aid is granted and shall conform and comply with such court decree or court order and shall be handled by the department in such a manner as to conform and comply with requirements of the Social Security Act and amendments thereto.
(Acts 1979, No. 79-819, p. 1528, §6; Acts 1986, Ex. Sess., No. 86-709, p. 120, §5.)
Notes of Decisions
Cited in 15
cases, 1980–2013 · leading case: State ex rel. Van Buren Cnty. Dep't of Soc. Servs. ex rel. Curtis ex rel. Williamson v. Dempsey, 600 So. 2d 1019 (Ala. Civ. App. 1992).
State ex rel. Van Buren Cnty. Dep't of Soc. Servs. ex rel. Curtis ex rel. Williamson v. Dempsey, 600 So. 2d 1019 (Ala. Civ. App. 1992). “Under § 38-10-6 the agency may recover only the amount of support that a parent is already required to pay pursuant to a divorce decree or other legal agreement.”
Ex Parte State Ex Rel. Summerlin, 634 So. 2d 539 (Ala. 1993). “Under § 38-10-6, Ala.Code 1975, a state agency caring for a child can recover reimbursement from a parent only for the amount of support the parent is already required to pay pursuant to a divorce judgment or some legal agreement.”
State Dep't of Human Resources v. M.A.J., 703 So. 2d 405 (Ala. Civ. App. 1997). “” Ala.Code 1975, § 38-10-6. See State v. Little, 389 So.”
Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012). “Code 1975,] the department shall be entitled to recover any support due the department under Section 38-10-6[, Ala. Code 1975].’ ” However, we need not consider the mother’s argument that the trial court should have awarded retroactive child support from the date of the…”
State ex rel. A.S. v. R.S.C., 853 So. 2d 228 (Ala. Civ. App. 2002). “§ 38-10-6, Ala.Code *237 1975; State ex rel.”
State v. Little, 389 So. 2d 944 (Ala. Civ. App. 1980). “§ 38-10-6, The act further creates a new and additional civil cause of action on behalf of any person who is owed a duty of support.”
Davis v. Blackstock, 159 So. 3d 708 (Ala. Civ. App. 2013). “11-12 ; § 38-10-6, Code of Alabama 1975. “ ‘The Social Security Act also requires that state plans shall provide that “child support collection or paternity determination services established under the plan shall be made available to any individual not otherwise eligible for…”
State ex rel. Dep't of Human Resources ex rel. Roye v. Hogg, 689 So. 2d 131 (Ala. Civ. App. 1996). “We next address the trial court’s refusal to order the father to reimburse the state for the AFDC payments.”
State Ex Rel. McCord v. Smith, 2100862 (ala.civ.app. 11-4-2011), 84 So. 3d 894 (Ala. Civ. App. 2011). “’ (Ala.Code 1975, § 38-10-6.) Therefore DHR has an interest in this action — that of collecting a debt owed to the State of Alabama.”
In Re Gray, 269 B.R. 881 (Bankr. N.D. Ala. 2001). “§ 38-10-6, Code 1975. After an assignment has been made, child support collections shall be paid directly to DHR and it will make distribution according to the Social Security Act and amendments thereto.”
State Ex Rel. Dept. of Hum. Res. v. Hogg, 689 So. 2d 131 (Ala. Civ. App. 1996). “We next address the trial court's refusal to order the father to reimburse the state for the AFDC payments.”
State ex rel. Summerlin v. Summerlin, 634 So. 2d 537 (Ala. Civ. App. 1992). “See Ala.Code 1975, § 38-10-6; State ex rel. Van Buren County Department of Social Services v.”
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