CSHB 176(HES): "An Act providing that certain obligors can receive credit against their child support obligation for certain types of noncash child support; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 176(HES) 01 "An Act providing that certain obligors can 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 duty of support by
01 the fair market value, as determined by agreement between the obligee's parent 02 or custodian and the obligor, of a noncash contribution made by the obligor 03 under the following circumstances: 04 (1) the obligee's custodian has agreed to allow the agency to give 05 the obligor credit for noncash support and has not withdrawn that agreement; 06 (2) the noncash contribution is for basic food, housing, or heat; the 07 agency, by regulation, may also give credit for other types of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 or to a creditor of the obligee's custodian; 11 (4) the obligor presents clear and convincing evidence of the 12 noncash contribution; and 13 (5) the obligee's custodian is not receiving assistance for the benefit 14 of the obligee under AS 47.27 or under 42 U.S.C. 612. 15 * Sec. 2. AS 25.27.060 is amended by adding a new subsection to read: 16 (e) Notwithstanding the requirements in (a) - (d) of this section and the 17 definition of "support order" in AS 25.27.900, in a court or administrative proceeding 18 where the support of a minor child is at issue, the court or agency, as applicable, shall 19 reduce the amount of money an obligor must pay to satisfy the obligor's duty of 20 support for a child by the fair market value, as determined by the court or by 21 agreement between the obligee's parent or custodian and the obligor, of a noncash 22 contribution made by the obligor under the circumstances described under 23 AS 25.27.020(b)(1) - (5). 24 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. AS 25.27.020(b), as amended by sec. 1 of this Act, and 27 25.27.060(e), added by sec. 2 of this Act, apply to noncash contributions made on or after the 28 effective date of this Act. 29 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).