HB144 Alabama 2017 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2017

Title

Child support, domestic relations cases, apointment of court referee by circuit court, Sec. 12-17-330 am'd.

Summary

HB144 would authorize circuit court judges to appoint court referees to hear certain child support enforcement cases in the domestic relations division.

What This Bill Does

The bill lets the Administrative Director of Courts approve referee positions in circuits and lets the presiding circuit judge appoint qualified referees to handle child support enforcement cases within the domestic relations division, including IV-D cases after a final divorce judgment. Referees would take testimony, make factual findings, establish or enforce support orders, accept acknowledgments, order genetic tests, and manage related court tasks, with any party able to object and have the case heard by a judge. Written findings and recommendations would be filed for court review, with a rehearing process before a circuit court judge and ratification to make the referee’s findings into a court order. In urgent matters, referees could issue immediate-action recommendations for up to 72 hours, subject to later circuit judge review.

Who It Affects

• Parents or other parties involved in child support enforcement cases in the circuit court's domestic relations division; hearings may be conducted by referees, with the right to object and request a rehearing.
• The Department of Human Resources (DHR) and Title IV-D cases; DHR’s involvement in establishing paternity, securing support, or ensuring compliance is retained and extended to cases heard by referees.

Key Provisions

• Amends Section 12-17-330 to authorize appointment of referees to hear child support enforcement cases in circuit court domestic relations division; outlines appointment process and funding decisions.
• Cases handled by referees: presiding judge may direct hearings for applicable cases, with exceptions (contracts, criminal prosecution transfers, termination of parental rights, or if a party objects).
• Duties of referees: take testimony, make findings, determine paternity, establish/enforce orders, accept acknowledgments, prepare default orders, order genetic tests, and manage docket-related tasks.
• Informing parties: referees must inform all parties that they are not judges and that a judge can hear the case if anyone objects.
• Written findings and recommendations: referees must file written findings and recommendations, with notices about rehearing rights and timelines.
• Rehearing: provides for circuit court review or de novo hearing if the record is inadequate.
• Ratification: referee findings become circuit court orders upon ratification by the presiding circuit court judge.
• Immediate action: allows temporary actions for up to 72 hours with court review if parties consent or if specified conditions exist.
• Effective date: the act becomes law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Support