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SB47
11YMN3L-1
By Senator Coleman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 09-Jan-26
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11YMN3L-1 01/08/2026 GP (L)lg 2026-109
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PFD: 09-Jan-26
SYNOPSIS:
This bill would require child-support orders
entered within the first year after the live birth of a
child to be retroactive to nine months prior to the
child's birth.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to child support; to amend Section 26-17-636,
Code of Alabama 1975; to provide retroactivity of child
support in certain circumstances; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 26-17-636, Code of Alabama 1975, is
amended to read as follows:
"§26-17-636
(a) The court shall issue an order adjudicating whether
a man alleged or claiming to be the father is the parent of
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a man alleged or claiming to be the father is the parent of
the child.
(b) An order adjudicating parentage must identify the
child by name and date of birth, if known.
(c) Except as otherwise provided in subsection (d), the
court may assess filing fees, reasonable attorney's attorney
fees, fees for genetic testing, other costs, and necessary
travel and other reasonable expenses incurred in a proceeding
under this article, subject to the following rules:
(1)a. Parties to proceedings under this chapter should
pay the fees and expenses of retained counsel, expert
witnesses, guardians ad litem, the costs of appropriate tests
and other costs of the trial as they may, themselves, may
incur. The court may order reasonable fees for attorneys,
expert witnesses, guardian ad litem fees, costs of appropriate
tests, and other costs of the trial, including docket fees, to
which shall be paid by the parties in such proportions as the
court may direct.
b. In the event the court determines that a party is
unable to pay the fees and costs as directed, it the court may
order fees and costs, including fees and costs of appropriate
tests, if such tests have been ordered by the court as
provided in Section 26-17-506, to be paid from the fund
entitled, "court costs not otherwise provided for."
c. If costs and fees are ordered to be paid from the
fund, claims shall be submitted by the clerk of the court to
the state Comptroller for audit and allowance and, if approved
by the Comptroller, shall be forwarded to the State Treasurer
for payment from the fund.
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for payment from the fund.
d. Docket Provided, docket fees and fees of retained
counsel shall not be paid from the fund. Docket fees shall be
waived if the court determines that the parties are incapable
of paying them.
(2) When an action is brought by the Department of
Human Resources, its agent, the district attorney, or an
attorney authorized to represent the State of Alabama, no fee
shall be paid to the clerk of the court but may be taxed as a
cost of the action as provided herein. If an appeal is taken
by the state, no security for the costs need be given.
(3) The court may award attorney's attorney fees and
other expenses, which may be paid directly to the attorney,
who may enforce the order in the attorney's own name.
(d) When a party bringing an action is represented by
the district attorney or an attorney authorized to represent
the State of Alabama, no filing fee shall be paid to the clerk
of the court but may be taxed as a cost of the action as
provided herein. The court may not assess fees, costs, or
expenses against the support-enforcement agency of this state
or another state, except as provided by other law or except
for good cause shown.
(e) On request of a party and for good cause shown, the
court may order that the name of the child be changed.
(f) If the order of the court is at variance with the
child's birth certificate, the court shall order the Alabama
Office of Vital Statistics to issue an amended birth
certificate.
(g) The order of the court determining the existence or
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(g) The order of the court determining the existence or
nonexistence of the parent and child relationship is
determinative for all purposes. Upon paternity being
established, the court shall immediately determine support
payments at the conclusion of the paternity hearing and make
support payment determination including the provision for
medical support or health insurance a part of the order
establishing paternity. The order may contain any other
provision directed against the appropriate party to the
proceeding, concerning the duty of support, the custody and
visitation of the child , or the furnishing of bond or other
security for payment under the order. The order may direct the
father to pay the reasonable expenses of the mother's
pregnancy and confinement.
(h)a. If a child-support order is entered within the
first year after the birth of a child, the order may be
retroactive to nine months prior to the birth of the child.
Otherwise, except Except as provided in Title 30, Chapter 3,
Article 5, Chapter 3 of Title 30, a parent's liabilities for
past support is limited to a period of two years next
preceding the commencement of an enforcement action under this
chapter unless an order of support has been previously
entered.
b. Nothing in this section may be construed as
authorizing a child-support order if the child is not born
alive.
(i) The provisions of this article do not extend the
time within which a right of inheritance or a right to a
succession may be asserted beyond the time provided by law
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succession may be asserted beyond the time provided by law
relating to the distribution and closing of decedents' estates
or to the determination of heirship, or otherwise."
Section 2. This act shall become effective on October
1, 2026.
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