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CSSB 134(HSS): "An Act relating to child support awards; repealing Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 134(HSS)                                                                   
01 "An Act relating to child support awards; repealing Rule 90.3, Alaska Rules of Civil                                    
02 Procedure; and providing for an effective date."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 25 is amended by adding a new chapter to read:                                                     
05                     Chapter 28. Child Support Awards.                                                                 
06            Sec. 25.28.010. Guidelines; primary physical custody. (a) A tribunal shall                                 
07       calculate a child support award in a case in which one parent is awarded primary                                  
08       physical custody as an amount equal to the presumptive support obligation calculated                              
09       under (d) of this section multiplied by the noncustodial parent's proportionate income                            
10       share of combined monthly net income.                                                                             
11            (b)  To calculate the basic support obligation, the tribunal shall add together                              
12       the monthly net income of both parents and determine the basic support obligation                                 
13       from the economic table as follows:                                                                               
14                          ECONOMIC TABLE                                                                                 
01                  MONTHLY BASIC SUPPORT OBLIGATION                                                                       
02                           FOR EACH CHILD                                                                                
03                     KEY: A = AGE 0-11 B = AGE 12-18                                                                     
04       COMBINED                                                                                                          
05       MONTHLY         ONE            TWO                                                                                
06       NET            CHILD        CHILDREN                                                                              
07       INCOME        FAMILY         FAMILY                                                                               
08                     A       B      A       B                                                                            
09       For income less than $1,000, the obligation is based on the resources                                             
10       and living expenses of each household                                                                             
11        1,000       220    272     171    211                                                                            
12        1,100       242    299     188    232                                                                            
13        1,200       264    326     205    253                                                                            
14        1,300       285    352     221    274                                                                            
15        1,400       307    379     238    294                                                                            
16        1,500       327    404     254    313                                                                            
17        1,600       347    428     269    333                                                                            
18        1,700       367    453     285    352                                                                            
19        1,800       387    478     300    371                                                                            
20        1,900       407    503     316    390                                                                            
21        2,000       427    527     331    409                                                                            
22        2,100       447    552     347    429                                                                            
23        2,200       467    577     362    448                                                                            
24        2,300       487    601     378    467                                                                            
25        2,400       506    626     393    486                                                                            
26        2,500       526    650     408    505                                                                            
27        2,600       534    661     416    513                                                                            
28        2,700       542    670     421    520                                                                            
29        2,800       549    679     427    527                                                                            
30        2,900       556    686     431    533                                                                            
31        3,000       561    693     436    538                                                                            
01        3,100       566    699     439    543                                                                            
02        3,200       569    704     442    546                                                                            
03        3,300       573    708     445    549                                                                            
04        3,400       574    710     446    551                                                                            
05        3,500       575    711     447    552                                                                            
06        3,600       577    712     448    553                                                                            
07        3,700       578    713     449    554                                                                            
08        3,800       581    719     452    558                                                                            
09        3,900       596    736     463    572                                                                            
10        4,000       609    753     473    584                                                                            
11        4,100       623    770     484    598                                                                            
12        4,200       638    788     495    611                                                                            
13        4,300       651    805     506    625                                                                            
14        4,400       664    821     516    637                                                                            
15        4,500       677    836     525    649                                                                            
16        4,600       689    851     535    661                                                                            
17        4,700       701    866     545    673                                                                            
18        4,800       713    882     554    685                                                                            
19        4,900       726    897     564    697                                                                            
20        5,000       738    912     574    708                                                                            
21        5,100       751    928     584    720                                                                            
22        5,200       763    943     593    732                                                                            
23        5,300       776    959     602    744                                                                            
24        5,400       788    974     612    756                                                                            
25        5,500       800    989     622    768                                                                            
26        5,600       812   1,004    632    779                                                                            
27        5,700       825   1,019    641    791                                                                            
28        5,800       837   1,035    650    803                                                                            
29        5,900       850   1,050    660    815                                                                            
30        6,000       862   1,065    670    827                                                                            
31        6,100       875   1,081    680    839                                                                            
01        6,200       887   1,096    689    851                                                                            
02        6,300       899   1,112    699    863                                                                            
03        6,400       911   1,127    709    875                                                                            
04        6,500       924   1,142    718    887                                                                            
05        6,600       936   1,157    728    899                                                                            
06        6,700       949   1,172    737    911                                                                            
07        6,800       961   1,188    747    923                                                                            
08        6,900       974   1,203    757    935                                                                            
09        7,000       986   1,218    767    946                                                                            
10        7,100       998   1,233    776    958                                                                            
11        7,200     1,009   1,248    785    971                                                                            
12        7,300     1,021   1,262    794    982                                                                            
13        7,400     1,033   1,276    803    993                                                                            
14        7,500     1,044   1,290    812   1,004                                                                           
15        7,600     1,055   1,305    821   1,015                                                                           
16        7,700     1,067   1,319    830   1,026                                                                           
17        7,800     1,078   1,333    839   1,037                                                                           
18        7,900     1,089   1,346    848   1,048                                                                           
19        8,000     1,100   1,360    857   1,059                                                                           
20        8,100     1,112   1,374    865   1,069                                                                           
21        8,200     1,123   1,387    874   1,080                                                                           
22        8,300     1,134   1,401    882   1,091                                                                           
23        8,400     1,144   1,414    891   1,101                                                                           
24        8,500     1,155   1,428    899   1,112                                                                           
25        8,600     1,166   1,441    908   1,122                                                                           
26        8,700     1,177   1,454    916   1,133                                                                           
27        8,800     1,187   1,467    925   1,143                                                                           
28        8,900     1,198   1,481    933   1,153                                                                           
29        9,000     1,208   1,493    941   1,163                                                                           
30        9,100     1,219   1,506    949   1,173                                                                           
31        9,200     1,229   1,519    957   1,183                                                                           
01        9,300     1,239   1,532    966   1,193                                                                           
02        9,400     1,250   1,545    974   1,203                                                                           
03        9,500     1,260   1,557    982   1,213                                                                           
04        9,600     1,270   1,570    989   1,223                                                                           
05        9,700     1,280   1,582    997   1,233                                                                           
06        9,800     1,290   1,594  1,005   1,242                                                                           
07        9,900     1,300   1,606  1,013   1,252                                                                           
08        10,000    1,310   1,619  1,021   1,262                                                                           
09        10,100    1,319   1,631  1,028   1,271                                                                           
10        10,200    1,329   1,643  1,036   1,281                                                                           
11        10,300    1,339   1,655  1,044   1,290                                                                           
12        10,400    1,348   1,666  1,051   1,299                                                                           
13        10,500    1,358   1,678  1,059   1,308                                                                           
14        10,600    1,367   1,690  1,066   1,318                                                                           
15        10,700    1,377   1,701  1,073   1,327                                                                           
16        10,800    1,386   1,713  1,081   1,336                                                                           
17        10,900    1,395   1,724  1,088   1,345                                                                           
18        11,000    1,404   1,736  1,095   1,354                                                                           
19        11,100    1,413   1,747  1,102   1,363                                                                           
20        11,200    1,422   1,758  1,110   1,371                                                                           
21        11,300    1,431   1,769  1,117   1,380                                                                           
22        11,400    1,440   1,780  1,124   1,389                                                                           
23        11,500    1,449   1,791  1,131   1,398                                                                           
24        11,600    1,458   1,802  1,138   1,406                                                                           
25        11,700    1,467   1,813  1,145   1,415                                                                           
26        11,800    1,475   1,823  1,151   1,423                                                                           
27        11,900    1,484   1,834  1,158   1,431                                                                           
28        12,000    1,492   1,844  1,165   1,440                                                                           
29       COMBINED                                                                                                          
30       MONTHLY        THREE          FOUR            FIVE                                                                
31       NET          CHILDREN       CHILDREN       CHILDREN                                                               
01       INCOME        FAMILY         FAMILY         FAMILY                                                                
02                     A       B      A       B      A       B                                                             
03       For income less than $1,000, the obligation is based on the resources                                             
04       and living expenses of each household                                                                             
05        1,000       143    177     121    149     105    130                                                             
06        1,100       157    194     133    164     116    143                                                             
07        1,200       171    211     144    179     126    156                                                             
08        1,300       185    228     156    193     136    168                                                             
09        1,400       199    246     168    208     147    181                                                             
10        1,500       212    262     179    221     156    193                                                             
11        1,600       225    278     190    235     166    205                                                             
12        1,700       238    294     201    248     175    217                                                             
13        1,800       251    310     212    262     185    228                                                             
14        1,900       264    326     223    275     194    240                                                             
15        2,000       277    342     234    289     204    252                                                             
16        2,100       289    358     245    303     213    264                                                             
17        2,200       302    374     256    316     223    276                                                             
18        2,300       315    390     267    330     233    288                                                             
19        2,400       328    406     278    343     242    299                                                             
20        2,500       341    421     288    356     251    311                                                             
21        2,600       346    428     293    362     256    316                                                             
22        2,700       351    435     298    368     259    321                                                             
23        2,800       356    440     301    372     262    324                                                             
24        2,900       360    445     305    376     266    328                                                             
25        3,000       364    449     308    380     268    331                                                             
26        3,100       367    453     310    383     270    334                                                             
27        3,200       369    457     312    386     272    336                                                             
28        3,300       371    459     314    388     273    339                                                             
29        3,400       372    460     315    389     274    340                                                             
30        3,500       373    461     316    390     275    341                                                             
31        3,600       374    462     317    391     276    342                                                             
01        3,700       375    463     318    392     277    343                                                             
02        3,800       377    466     319    394     278    344                                                             
03        3,900       386    477     326    404     284    352                                                             
04        4,000       395    488     334    413     291    360                                                             
05        4,100       404    500     341    422     298    368                                                             
06        4,200       413    511     350    431     305    377                                                             
07        4,300       422    522     357    441     311    385                                                             
08        4,400       431    532     364    449     317    392                                                             
09        4,500       438    542     371    458     323    400                                                             
10        4,600       446    552     377    467     329    407                                                             
11        4,700       455    562     384    475     335    414                                                             
12        4,800       463    572     391    483     341    422                                                             
13        4,900       470    581     398    491     347    429                                                             
14        5,000       479    592     404    500     353    437                                                             
15        5,100       487    602     411    509     359    443                                                             
16        5,200       494    611     418    517     365    451                                                             
17        5,300       503    621     425    525     371    458                                                             
18        5,400       511    632     432    533     377    466                                                             
19        5,500       518    641     439    542     383    473                                                             
20        5,600       527    651     446    551     389    480                                                             
21        5,700       535    661     452    559     395    488                                                             
22        5,800       543    671     459    567     401    495                                                             
23        5,900       551    681     466    575     407    502                                                             
24        6,000       559    691     473    584     413    509                                                             
25        6,100       567    701     479    593     418    517                                                             
26        6,200       575    710     486    601     424    524                                                             
27        6,300       583    721     493    609     430    532                                                             
28        6,400       591    731     500    617     436    539                                                             
29        6,500       599    740     506    626     442    546                                                             
30        6,600       607    750     513    635     448    554                                                             
31        6,700       615    761     520    643     454    561                                                             
01        6,800       623    770     527    651     460    568                                                             
02        6,900       631    780     533    659     466    575                                                             
03        7,000       639    790     540    668     472    583                                                             
04        7,100       647    800     547    677     478    591                                                             
05        7,200       654    809     554    684     484    598                                                             
06        7,300       662    818     560    693     490    605                                                             
07        7,400       670    828     567    701     496    613                                                             
08        7,500       677    837     574    709     502    620                                                             
09        7,600       685    846     581    718     507    627                                                             
10        7,700       692    855     587    726     513    634                                                             
11        7,800       700    865     594    734     519    642                                                             
12        7,900       707    874     601    742     525    649                                                             
13        8,000       714    883     607    750     531    656                                                             
14        8,100       722    892     614    759     536    663                                                             
15        8,200       729    901     620    767     542    670                                                             
16        8,300       736    910     627    775     548    677                                                             
17        8,400       743    919     633    783     553    684                                                             
18        8,500       750    928     640    791     559    691                                                             
19        8,600       758    936     646    799     565    698                                                             
20        8,700       765    945     653    807     570    705                                                             
21        8,800       772    954     659    815     576    712                                                             
22        8,900       779    962     665    822     582    719                                                             
23        9,000       786    971     672    830     587    726                                                             
24        9,100       792    980     678    838     593    732                                                             
25        9,200       799    988     684    846     598    739                                                             
26        9,300       806    996     691    854     604    746                                                             
27        9,400       813   1,005    697    861     609    753                                                             
28        9,500       820   1,013    703    869     614    759                                                             
29        9,600       826   1,021    709    877     620    766                                                             
30        9,700       833   1,030    716    884     625    773                                                             
31        9,800       840   1,038    722    892     631    779                                                             
01        9,900       846   1,046    728    900     636    786                                                             
02        10,000      853   1,054    734    907     641    793                                                             
03        10,100      859   1,062    740    915     647    799                                                             
04        10,200      866   1,070    746    922     652    806                                                             
05        10,300      872   1,078    752    930     657    812                                                             
06        10,400      879   1,086    758    937     662    819                                                             
07        10,500      885   1,094    764    944     668    825                                                             
08        10,600      891   1,102    770    952     673    832                                                             
09        10,700      898   1,109    776    959     678    838                                                             
10        10,800      904   1,117    782    966     683    844                                                             
11        10,900      910   1,125    788    974     688    851                                                             
12        11,000      916   1,132    794    981     693    857                                                             
13        11,100      922   1,140    799    988     698    863                                                             
14        11,200      928   1,147    805    995     703    869                                                             
15        11,300      934   1,155    811   1,002    708    876                                                             
16        11,400      940   1,162    817   1,009    714    882                                                             
17        11,500      946   1,170    822   1,017    719    888                                                             
18        11,600      952   1,177    828   1,024    723    894                                                             
19        11,700      958   1,184    834   1,031    728    900                                                             
20        11,800      964   1,191    839   1,038    733    906                                                             
21        11,900      970   1,199    845   1,045    738    912                                                             
22        12,000      975   1,206    851   1,051    743    919.                                                            
23            (c)  The economic table in (b) of this section is presumptive for up to five                                 
24       children and for combined monthly net incomes up to and including $12,000. When                                   
25       support is awarded for more than five children in the physical custody of one parent,                             
26       the tribunal shall add the column for five children to the column equal to the additional                         
27       children over five. When combined monthly net income exceeds $12,000, on written                                  
28       findings of fact, the tribunal may exceed the presumptive amount of support set for                               
29       combined monthly net incomes of $12,000.                                                                          
30            (d)  The tribunal shall calculate a presumptive support obligation by adding                                 
31       average monthly expenditures for child health care expenses allowable under                                       
01       AS 25.28.040 to the basic support obligation in (b) of this section.                                              
02            (e)  The tribunal may allow the obligor parent to reduce child support                                       
03       payments by up to 75 percent for a period in which the obligor parent has extended                                
04       visitation of more than 27 consecutive days. The order must specify the amount of the                             
05       reduction that is allowable if the extended visitation is exercised.                                              
06            (f)  The tribunal may calculate child support based on a determination of the                                
07       potential income of a parent who voluntarily and unreasonably is unemployed or                                    
08       underemployed. A determination of potential income may not be made for a parent                                   
09       who is physically or mentally incapacitated or who is caring for a child under two                                
10       years of age to whom the parents owe a joint legal responsibility. Potential income                               
11       shall be based on the parent's work history, qualifications, and job opportunities. The                           
12       tribunal may also consider potential income from assets that are not producing income                             
13       or are producing low income.                                                                                      
14            (g)  In this section, "monthly net income" means one-twelfth of the parent's                                 
15       total annual income from all sources less                                                                         
16                 (1)  mandatory deductions, including                                                                    
17                      (A)  federal, state, and local income tax;                                                         
18                      (B)  social security tax or the equivalent contribution to an                                      
19            alternate plan established by a public employer, and self-employment tax;                                    
20                      (C)  Medicare tax;                                                                                 
21                      (D)  mandatory union dues;                                                                         
22                      (E)  mandatory contributions to a retirement or pension plan;                                      
23                 (2)  voluntary contributions to a retirement or pension plan or account                                 
24       in which the earnings are tax-free or tax-deferred, except that the total amount of these                         
25       voluntary contributions plus any mandatory contributions under (1)(E) of this                                     
26       subsection may not exceed 7.5 percent of the parent's gross wages and self-                                       
27       employment income;                                                                                                
28                 (3)  child support and alimony payments arising from previous                                           
29       relationships that are required by another tribunal and actually paid;                                            
30                 (4)  child support for children from prior relationships living with the                                
31       parent, calculated by using the formula under this chapter; and                                                   
01                 (5)  work-related child care expenses for the child who is the subject of                               
02       the child support order.                                                                                          
03            Sec. 25.28.020. Child support guidelines for shared, divided, and hybrid                                   
04       custody awards. (a) The tribunal shall calculate shared, divided, and hybrid physical                           
05       custody awards as provided in this section.                                                                       
06            (b)  The tribunal shall calculate a child support award in a case in which the                               
07       parents are awarded shared physical custody by                                                                    
08                 (1)  calculating the annual amount each parent would pay to the other                                   
09       parent under AS 25.28.010 assuming the other parent had primary custody; in this                                  
10       calculation, the income limit in AS 25.28.030(c) and the minimum support amount in                                
11       AS 25.28.030(d) apply;                                                                                            
12                 (2)  multiplying the amount determined under (1) of this subsection for                                 
13       each parent by the percentage of time the other parent has physical custody of the                                
14       child; however, if the tribunal finds that the percentage of time each parent will have                           
15       physical custody does not accurately reflect the ratio of funds each parent will directly                         
16       spend on supporting the child, the tribunal shall vary this percentage to reflect its                             
17       findings;                                                                                                         
18                 (3)  determining which parent has the greater amount under (2) of this                                  
19       subsection; the parent with the greater amount under (2) of this subsection is the                                
20       obligor parent, and the annual award is equal to the difference between the two                                   
21       amounts under (2) of this subsection; however, if the amount is greater than the                                  
22       amount of support calculated under AS 25.28.010 assuming the obligor parent has                                   
23       primary custody, the annual support is the amount calculated under AS 25.28.010.                                  
24            (c)  The child support award for shared custody under (b) of this section must                               
25       be paid in 12 equal monthly installments, except that if                                                          
26                 (1)  shared custody is based on the obligor parent's having physical                                    
27       custody for periods of 30 consecutive days or more, the total annual award may be                                 
28       paid in equal installments over those months in which the obligor parent does not have                            
29       physical custody; or                                                                                              
30                 (2)  the obligor parent's income is seasonal, the tribunal may order                                    
31       unequal monthly support payments as provided in AS 25.28.030(e) and (f).                                          
01            (d)  The child support order must state that failure to exercise sufficient                                  
02       physical custody to qualify for shared physical custody under (b) or (c) of this section                          
03       is grounds for modification of the child support order. Denial of visitation by the                               
04       custodial parent is not cause to increase a child support award.                                                  
05            (e)  The tribunal shall                                                                                      
06                 (1)  calculate a child support award in a case in which the parents are                                 
07       awarded divided custody by determining the amount each parent would pay to the                                    
08       other parent for support of a child for whom that parent has primary physical custody                             
09       under AS 25.28.010, taking into account the income limit in AS 25.28.030(c) and the                               
10       minimum support amount in AS 25.28.030(d), and offsetting those amounts; and                                      
11                 (2)  consider whether the amount determined under (1) of this                                           
12       subsection should be varied under AS 25.28.030(b).                                                                
13            (f)  The tribunal shall                                                                                      
14                 (1)  calculate a child support award in a case in which the parents are                                 
15       awarded hybrid custody by                                                                                         
16                      (A)  applying AS 25.28.010, taking into account the income                                         
17            limit in AS 25.28.030(c) and the minimum support amount in                                                   
18            AS 25.28.030(d), to determine support for a child in the primary physical                                    
19            custody of each parent;                                                                                      
20                      (B)  applying (b) of this section to determine support for a child                                 
21            in the shared physical custody of the parents;                                                               
22                      (C)  adjusting pro rata the percentages provided in                                                
23            AS 25.28.010(b) based on the number of children to which each type of                                        
24            custody applies; and                                                                                         
25                      (D)  combining the amounts to determine the net obligation; and                                    
26                 (2)  consider whether the amount determined under (1) of this                                           
27       subsection should be varied under AS 25.28.030(b).                                                                
28            Sec. 25.28.030. Exceptions to support awards. (a) Notwithstanding the                                      
29       requirements in AS 25.28.010 and 25.28.020, the tribunal may vary the award for the                               
30       reasons stated in this section.                                                                                   
31            (b)  The tribunal may vary the child support award as calculated under the                                   
01       other provisions of this chapter for good cause on proof by a preponderance of the                                
02       evidence that manifest injustice would result if the support award were not varied. The                           
03       tribunal shall specify in writing the reason for the variation, the amount of support that                        
04       would have been required but for the variation, and the estimated value of any                                    
05       property conveyed instead of support calculated under the other provisions of this                                
06       chapter. Good cause may include a finding that unusual circumstances exist that                                   
07       require variation of the award in order to award an amount of support that is just and                            
08       proper for the parties to contribute toward the nurture and education of their children.                          
09       The tribunal shall consider the custodial parent's income in this determination.                                  
10            (c)  The calculation for primary physical custody under AS 25.28.010 does not                                
11       apply to the extent that the supporting parent has an annual net income of more than                              
12       $105,000. The tribunal may make an additional award only if it is just and proper,                                
13       taking into account the needs of the child, the standard of living of the child, and the                          
14       extent to which that standard should reflect the supporting parent's ability to pay.                              
15            (d)  Except as provided in AS 25.28.010(d) and 25.28.020, the minimum child                                  
16       support amount that may be ordered is $75 a month or $900 a year for one child and,                               
17       for each additional child, $50 a month.                                                                           
18            (e)  If the noncustodial parent's income is seasonal, the tribunal may order that                            
19       the annual support amount be paid in unequal monthly payments, with higher                                        
20       payments during the months the parent expects to receive higher income and lower                                  
21       payments in other months; the tribunal may not make an unequal payment order unless                               
22                 (1)  the tribunal finds that the burden of budgeting for periods of                                     
23       unequal income should be placed on the obligee rather than the obligor; and                                       
24                 (2)  the obligee agrees.                                                                                
25            (f)  An order of the tribunal for unequal payments under (e) of this section                                 
26       must specify the annual support amount, the average monthly support amount, and the                               
27       amount due for each month. The order must provide that variations from the average                                
28       monthly amount begin with monthly payments in excess of the average monthly                                       
29       amount so that a deficit situation cannot occur. Until the excess payments begin, the                             
30       tribunal shall order payment of the average monthly amount.                                                       
31            Sec. 25.28.040. Health care expenses. (a) The tribunal shall include in the                                
01       order coverage of the child's health care needs and require health insurance for the                              
02       child if insurance is available to either parent or both parents at a reasonable cost. The                        
03       tribunal shall consider whether the child is eligible for services through the Indian                             
04       Health Service, any other entity, or other insurance coverage before ordering either                              
05       parent or both parents to provide health care coverage through insurance, cash medical                            
06       support, or other means. A court shall find that health insurance is available only if the                        
07       dependent child has reasonable geographic access to the covered services or the                                   
08       insurance includes the coverage of transportation needed for the services.                                        
09            (b)  The tribunal shall allocate equally the cost of insurance between the                                   
10       parents unless the tribunal orders otherwise for good cause. An obligor's child support                           
11       obligation shall be decreased by the amount of the obligee's portion of health                                    
12       insurance payments ordered by the tribunal and actually paid by the obligor. The                                  
13       tribunal shall increase a child support award by the obligor's portion of health                                  
14       insurance if the obligee is ordered to, and actually does, obtain and pay for insurance.                          
15            (c)  The cost of insurance is the cost attributable to the child for whom support                            
16       is paid. If the cost to the employee of covering the employee alone is the same as the                            
17       cost to the employee of covering the employee and dependents, then there is no                                    
18       additional cost to the employee for adding the child and no portion of the cost of                                
19       coverage may be allocated to the child. If dependent coverage can be added for a                                  
20       single cost, rather than for each dependent, and the dependent coverage covers                                    
21       dependents in addition to the child subject to the order, the cost of the dependent                               
22       coverage shall be allocated equally among the dependents covered. If there is reason                              
23       to believe that there is an incremental cost to the employee for insuring dependents but                          
24       evidence of that incremental cost is unavailable, the cost of insurance is determined by                          
25       dividing the total cost of coverage by the number of family members covered and                                   
26       multiplying that amount by the number of children subject to the order.                                           
27            (d)  The tribunal shall allocate equally between the parties the cost of                                     
28       reasonable health care expenses not covered by insurance unless the tribunal orders                               
29       otherwise for good cause. A party shall reimburse the other party for the party's share                           
30       of the uncovered health care expenses within 30 days after receipt of the bill for the                            
31       health care, payment verification, and, if applicable, a health insurance statement                               
01       indicating what portion of the cost is uncovered. The tribunal shall allocate the                                 
02       reasonable, uncovered health care expenses exceeding $5,000 in a calendar year based                              
03       on the parties' relative financial circumstances when the expenses occur.                                         
04            (e) For the purpose of establishing a monthly support obligation for monthly                                 
05       health care expenses, a tribunal shall apply a rebuttable presumption that the cost of                            
06       health insurance is reasonable under this section if the cost of purchasing health                                
07       insurance does not exceed five percent of the responsible parent's net income.                                    
08            (f)  In this section,                                                                                        
09                 (1)  "cash medical support" means an amount ordered to be paid toward                                   
10       the cost of health insurance provided by a public entity or by another parent through                             
11       employment or otherwise, or for other health care expenses not covered by insurance;                              
12                 (2)  "health care expenses" includes medical, dental, vision, and mental                                
13       health counseling expenses.                                                                                       
14            Sec. 25.28.050. Child support affidavit and documentation. (a) Subject to                                  
15       the confidentiality requirements of Rule 90.1(f), Alaska Rules of Civil Procedure, each                           
16       parent in a proceeding of a tribunal at which child support is involved shall file a                              
17       statement under oath, accompanied by documentation verifying the statement, that                                  
18       states the parent's monthly net income and the components of monthly net income as                                
19       defined in AS 25.28.010. This statement and documentation must be filed with a                                    
20       party's initial pleading in superior court, including the dissolution petition, divorce                           
21       complaint or answer, motion to modify, and any response to a motion to modify. The                                
22       documents must be redacted to delete social security numbers and to provide only                                  
23       partial financial account information as provided in Rule 90.1(f), Alaska Rules of                                
24       Civil Procedure. The statement must state whether the parent has access to health                                 
25       insurance for the children and, if so, the additional cost to the parent of the children's                        
26       health insurance.                                                                                                 
27            (b)  While there is an ongoing monthly support obligation, each party shall                                  
28       provide to the other party, within 30 days after a written request, documents such as                             
29       tax returns and pay stubs showing the party's income for the prior calendar year. The                             
30       party making the request shall provide documentation of the party's annual income for                             
31       the same period at the time the request is made. A request under this section may not                             
01       be made more than once a year. This section does not preclude discovery under the                                 
02       Alaska Rules of Civil Procedure.                                                                                  
03            (c)  Unless the information has already been provided to the tribunal under                                  
04       Rule 90.1(f), Alaska Rules of Civil Procedure, a statement under (a) of this section                              
05       must be accompanied by a confidential information sheet as described in Rule 90.1,                                
06       Alaska Rules of Civil Procedure. Once a complete confidential information sheet has                               
07       been submitted to the tribunal listing names, dates of birth, and social security                                 
08       numbers as required, the parties shall omit or redact social security numbers from                                
09       documents subsequently filed in the action unless otherwise ordered by the tribunal.                              
10            (d)  The tribunal may withhold or assess costs or attorney fees for a violation                              
11       of this section as the circumstances and discouragement of like conduct in the future                             
12       may require. Costs and attorney fees may be imposed on offending attorneys or                                     
13       parties.                                                                                                          
14            Sec. 25.28.060. Travel expenses. After determining an award of child support                               
15       under this chapter, the court shall allocate between the parties reasonable travel                                
16       expenses that are necessary to exercise visitation as may be just and proper for the                              
17       parties to contribute.                                                                                            
18            Sec. 25.28.070. Modification; defense against arrearages. (a) A tribunal may                               
19       modify a final child support award on a showing of a material change of                                           
20       circumstances as provided by state law. A material change of circumstances shall be                               
21       presumed if support as calculated under this chapter is more than 15 percent greater or                           
22       less than the outstanding support order. An award may be modified to require cash                                 
23       medical support regardless of whether insurance is available to either parent if neither                          
24       parent has purchased health insurance. In this subsection, "support" includes health                              
25       insurance payments or cash medical support made under AS 25.28.040.                                               
26            (b)  A tribunal may not modify a child support arrearage retroactively, except                               
27       as authorized by AS 25.27.166(d). A modification that is effective on or after the date                           
28       that a motion for modification, or a notice of petition for modification by the child                             
29       support services agency, is served on the opposing party is not considered a retroactive                          
30       modification.                                                                                                     
31            (c)  The tribunal may find that a parent and a parent's assignee are precluded                               
01       from collecting arrearages for support of a child that accumulated during a time period                           
02       exceeding two months for which the parent agreed or acquiesced to the obligor                                     
03       exercising primary custody of the child. A finding that preclusion is a defense must be                           
04       based on clear and convincing evidence.                                                                           
05            Sec. 25.28.080. Third-party custody. (a) When the state, or another third                                  
06       party entitled to child support, has custody of all children of a parent, the parent's                            
07       support obligation to the third party is an amount equal to the parent's prorated                                 
08       presumptive support obligation specified in AS 25.28.010(d). If the third party has                               
09       custody of some but not all children, the parent's support obligation to the third party                          
10       is an amount equal to the parent's prorated presumptive support obligation specified in                           
11       AS 25.28.010(d) for the total number of the parent's children in third-party custody                              
12       and divided by the total number of the parent's children. In this subsection, the number                          
13       of the parent's children includes only children of the parent who live with the parent,                           
14       are substantially supported by the parent, or are in custody of the third party entitled to                       
15       support.                                                                                                          
16            (b)  If, in addition to a support obligation to a third party, one or both parents                           
17       retain primary or shared physical custody of at least one of their children, the support                          
18       obligation between the parents is calculated under the other provisions of this chapter,                          
19       without consideration of the third-party custodian or any children in the custody of the                          
20       third-party custodian, except that the parent's prorated presumptive support obligation                           
21       under AS 25.28.010(d) must be adjusted pro rata for the number of children in the                                 
22       primary custody of a parent, or shared custody of the parents, compared to the total                              
23       number of children. After that calculation is completed, any support owed may be                                  
24       offset with support owed to a third-party custodian under (a) of this section in order to                         
25       minimize transactions.                                                                                            
26            Sec. 25.28.090. Dependent tax deduction. The court may allocate the                                        
27       dependent tax deduction for each child between the parties as is just and proper and in                           
28       the child's best interests. The allocation must be consistent with AS 25.24.152 and                               
29       federal law.                                                                                                      
30            Sec. 25.28.095. Review of guidelines. The child support services agency                                    
31       established in AS 25.27.010 shall notify the legislative committees with jurisdiction                             
01       over matters involving child support awards of the need for a compliance review of                                
02       the guidelines established in this chapter every four years as provided in federal law.                           
03       The compliance review must include a determination of whether the application of the                              
04       guidelines consistently results in a determination of appropriate child support awards                            
05       in the state.                                                                                                     
06            Sec. 25.28.300. Definitions. In this chapter,                                                              
07                 (1)  "child support" and "child support obligation" have the meaning                                    
08       given "duty of support" in AS 25.27.900;                                                                          
09                 (2)  "divided custody" means that one parent has primary physical                                       
10       custody of one or more children of the relationship and the other parent has primary                              
11       custody of one or more other children of the relationship, and the parents do not share                           
12       physical custody of any of their children;                                                                        
13                 (3)  "hybrid custody" means that at least one parent has primary                                        
14       physical custody of one or more children of the relationship, and the parents have                                
15       shared physical custody of at least one child of the relationship;                                                
16                 (4)  "primary physical custody" or "primary custody" means that a child                                 
17       resides with the other parent for a period, specified in the custody order, of less than                          
18       25 percent of the year;                                                                                           
19                 (5)  "shared physical custody" or "shared custody" means that a child                                   
20       resides with one parent for a period, specified in writing in the custody order, of at                            
21       least 25 percent but not more than 75 percent of the year, regardless of the status of                            
22       legal custody;                                                                                                    
23                 (6)  "tribunal" means the superior court or the child support services                                  
24       agency created in AS 25.27.010.                                                                                   
25    * Sec. 2. AS 47.10.120(a) is amended to read:                                                                      
26            (a)  When a child in need of aid is committed under this chapter, the court or                               
27       the child support services agency created in AS 25.27.010 shall, after giving the parent                          
28       a reasonable opportunity to be heard, require that the parent pay to the department in a                          
29       manner that the court or the child support services agency directs a sum to cover in                              
30       full or in part the maintenance and care of the child. The support obligation shall be                            
31       calculated under AS 25.28 [RULE 90.3(i) OF THE ALASKA RULES OF CIVIL                                          
01       PROCEDURE].                                                                                                       
02    * Sec. 3. AS 47.12.230(a) is amended to read:                                                                      
03            (a)  When a delinquent minor is committed under this chapter, the court or the                               
04       child support services agency created in AS 25.27.010 shall, after giving the parent a                            
05       reasonable opportunity to be heard, require that the parent pay to the department in a                            
06       manner that the court or the child support services agency directs a sum to cover in                              
07       full or in part the maintenance and care of the minor. The support obligation shall be                            
08       calculated under AS 25.28 [RULE 90.3(i) OF THE ALASKA RULES OF CIVIL                                          
09       PROCEDURE].                                                                                                       
10    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12       REPEAL OF COURT RULE. Rule 90.3, Alaska Rules of Civil Procedure, is repealed.                                    
13    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15       NONAPPLICABILITY OF TWO-THIRDS VOTE REQUIREMENT. Because the                                                      
16 rule repealed in sec. 4 of this Act is a substantive rule rather than a rule of practice or                             
17 procedure, the repeal of the rule takes effect even if sec. 4 of this Act does not receive the                          
18 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                       
19 Alaska.                                                                                                                 
20    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
21 read:                                                                                                                   
22       TRANSITION; CHILD SUPPORT SERVICES AGENCY. The child support services                                             
23 agency established in AS 25.27.010 may adopt regulations necessary to implement the                                     
24 changes made by AS 25.28, enacted by sec. 1 of this Act, but the regulations may not take                               
25 effect before the effective date of sec. 1 of this Act.                                                                 
26    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).                                    
27    * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect July 1, 2013.