The bill amends Section 26-17-636 of the Code of Alabama 1975 to provide for the retroactivity of child support orders under specific circumstances. Notably, if a child support order is issued within the first year after the child's birth, it will be retroactive to nine months prior to the child's birth. Additionally, the bill clarifies that a parent's liability for past support is generally limited to a two-year period preceding the commencement of an enforcement action, unless a support order has already been established. The language also includes provisions regarding the assessment of fees and costs in paternity proceedings, particularly when the action is brought by the Department of Human Resources or an attorney representing the state.
The bill also makes several deletions and insertions to existing legal language. It removes the requirement for the court to direct the father to pay for the mother's pregnancy and confinement expenses, and it specifies that no filing fee shall be paid to the clerk of the court when a party is represented by the district attorney or an authorized state attorney. Furthermore, it emphasizes that the court's order regarding the parent-child relationship is determinative for all purposes and must include support payment determinations immediately upon establishing paternity. The act is set to take effect on October 1, 2024.
Statutes affected: Introduced: 30-3-155, 30-3-155
Engrossed: 26-17-636, 26-17-636