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HB 231: "An Act relating to termination of the parental rights of a person who owes substantial child support arrearages."

00                             HOUSE BILL NO. 231                                                                          
01 "An Act relating to termination of the parental rights of a person who owes substantial                                 
02 child support arrearages."                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 25.20 is amended by adding a new section to read:                                                 
05            Sec. 25.20.150.  Termination of parental rights for substantial child                                      
06       support arrearages.  (a)  The custodial parent of a child who resides in this state may                         
07       file an action to terminate the parental rights of a noncustodial parent of the child if the                      
08       noncustodial parent is not in substantial compliance with a child support order                                   
09       covering the child.  The court shall terminate the parental rights of the noncustodial                            
10       parent if, at the time of the court's hearing on the matter, the court finds that                                 
11                 (1)  the noncustodial parent is not in substantial compliance with a                                    
12       child support order relating to the child that was established by a court or by the child                         
13       support enforcement agency of this state or of another jurisdiction; and                                          
14                 (2)  termination of those parental rights is in the best interests of the                               
01       child.                                                                                                            
02            (b)  An order terminating parental rights under this section terminates the                                  
03       noncustodial parent's prospective duty to pay child support for the child and the                                 
04       noncustodial parent's visitation rights, if any, but does not terminate the noncustodial                          
05       parent's duty to pay child support arrearages that accrued before the court's order.                              
06            (c)  In this section,                                                                                        
07                 (1)  "custodial parent" means a parent who has full legal and physical                                  
08       custody of a child, although another person may have visitation rights with the child;                            
09                 (2)  "noncustodial parent" means a parent who has neither legal nor                                     
10       physical custody of a child, but who may have visitation rights with the child;                                   
11                 (3)  "substantial compliance" regarding a child support order means                                     
12       that, with respect to periodic payments required under the support order, the obligor                             
13       has                                                                                                               
14                      (A)  no arrearage;                                                                                 
15                      (B)  an arrearage in an amount that is not more than 12 times                                      
16            the monthly obligation under the support order; or                                                           
17                      (C)  been determined by the court to be making the best efforts                                    
18            possible under the obligor's circumstances to have no arrearages under the                                   
19            child support order.