00                            HOUSE BILL NO. 301                                                                          
01 "An Act providing that certain obligors will receive credit against their child support                                 
02 obligation for certain types of noncash child support; and providing for an effective                                   
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 25.27.020(b) is amended to read:                                                                  
06            (b)  In determining the amount of money an obligor must pay to satisfy the                                   
07       obligor's immediate duty of support, the agency shall consider all payments of money                          
08       made by the obligor directly to the obligee or to the obligee's custodian before the time                         
09       the obligor is ordered to make payments through the agency.  After the obligor is                                 
10       ordered to make payments through the agency, the agency may not consider direct                                   
11       payments of money made to the obligee or the obligee's custodian unless the obligor                           
12       provides clear and convincing evidence of the payment.  Notwithstanding the                                   
13       definition of "support order" in AS 25.27.900, the agency shall reduce the                                    
14       amount of money an obligor must pay to satisfy the obligor's immediate duty of                                

01       support by the fair market value, as determined by the agency from information                                
02       developed by other state agencies, of a noncash contribution made by the obligor                              
03       under the following circumstances:                                                                            
04                 (1)  the obligor, obligee, and obligee's custodian live a primarily                                 
05       noncash lifestyle;                                                                                            
06                 (2)  the noncash contribution is for basic food, housing, or heat; the                              
07       agency, by regulation, may also give credit for other types of noncash                                        
08       contributions that help to satisfy the basic material needs of the obligee;                                   
09                 (3)  the noncash contribution is made directly to the obligee's                                     
10       custodian; and                                                                                                
11                 (4)  the obligor presents clear and convincing evidence of the                                      
12       noncash contribution and its use or consumption by the obligee or the obligee's                               
13       custodian.                                                                                                    
14    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
15 read:                                                                                                                   
16       APPLICABILITY.  AS 25.27.020(b), as amended by sec. 1 of this Act, applies to                                     
17 noncash contributions made on or after the effective date of this Act.                                                  
18    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).