HB43 Alabama 2019 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2019

Title

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

Summary

HB 43 allows circuit courts to appoint licensed referees to hear Title IV-D child support cases and sets hearings, findings, rehearings, and temporary action rules.

What This Bill Does

HB 43 authorizes the appointment of court referees in each circuit to hear Title IV-D child support cases in the domestic relations division. Referees must be licensed Alabama attorneys and may be full-time or part-time; appointments require approval by the Administrative Director of Courts and the presiding circuit judge, with funding decisions made by the ADC. Referees take testimony, evaluate evidence, make findings and recommendations on paternity and child support, accept acknowledgments, order genetic tests, and manage docket-related actions; their findings become circuit court orders once signed by the presiding judge. Hearings must inform parties that referees are not judges and parties can request a rehearing before a judge; in urgent cases, the referee's recommendations can take immediate effect for up to 72 hours with party consent, or be reviewed by a judge for a temporary order within 72 hours.

Who It Affects

• Parents and guardians involved in domestic relations Title IV-D child support cases will have hearings conducted by referees instead of directly by a judge (assuming no objections to a referee).
• Circuit court system employees and officials (presiding judges, the Administrative Director of Courts, clerks, and attorneys appointed as referees) will implement new appointment, funding, hearing, and review procedures.

Key Provisions

• Authorizes the appointment of one or more court referees in each judicial circuit to hear child support cases under Title IV-D of the Social Security Act.
• Referees must be licensed Alabama attorneys and may be full-time or part-time; appointments require approval by the Administrative Director of Courts and the presiding circuit judge, with funding decisions made by the ADC.
• Hearing scope and exclusions: a referee may hear most Title IV-D child support cases unless the referee has a contractual agreement to hear specific cases, the case is for criminal prosecution transfer, parental rights termination, or a party objects.
• Referees’ duties: take testimony, evaluate evidence, make findings and recommendations on paternity and child support, accept acknowledgments, prepare default orders, order genetic tests, and manage docket-related actions.
• Notices and accessibility: referees must inform parties that they are not judges and hearings can be moved to a judge if there is an objection.
• Findings and recommendations: written findings must be filed, shared in court or with parties, and include a 14-day rehearing right; if no decision at hearing, findings are filed within 3 business days.
• Rehearings: parties may request a rehearing within the timeframe; a judge reviews the record and may admit new evidence; if the record is inadequate, rehearing is de novo.
• Effect of referee findings: the referee’s findings become the circuit court’s order when ratified by the presiding judge.
• Immediate action: in urgent matters, the referee can issue immediate action up to 72 hours with party consent; if not, the circuit judge must review within 72 hours and may issue a temporary order.
• 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