00HOUSE BILL NO. 362                                                                                                      
01 "An Act establishing the crime of aiding the nonpayment of child support."                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.51 is amended by adding a new section to read:                                                   
04  Sec. 11.51.122.  AIDING THE NONPAYMENT OF CHILD SUPPORT.  (a)                                                         
05 A person commits the crime of aiding the nonpayment of child support if the person                                      
06   (1)  knows that a person has a duty under an administrative or judicial                                              
07 order for payment of child support; and                                                                                 
08   (2)  intentionally                                                                                                   
09   (A)  withholds information about the residence or employment                                                        
10 of the person who owes child support when that information is requested by a                                            
11 child support enforcement agency; or                                                                                    
12   (B)  participates in a commercial, business, or employment                                                          
13 arrangement with the person who owes support, knowing at the time that the                                              
14 arrangement is made that it will allow the person who owes support to avoid                                             

01 paying all or some of the support when it is due or to avoid having a lien                                              
02 placed on assets for the payment of delinquent support; receipt of a substantial                                        
03 asset for less than fair market value from a person who owes support after the                                          
04 person's support order has been established constitutes a rebuttable presumption                                        
05 that the person receiving the asset knew that the transfer would allow the                                              
06 person who owes support to avoid paying all or some of the support or to                                                
07 avoid having a lien placed on the asset.                                                                                
08  (b)  This section does not prohibit an arrangement entered into with an attorney                                      
09 for the purpose of paying the attorney who represents the child support obligor in                                      
10 proceedings to contest or modify a child support order.                                                                 
11  (c)  Aiding the nonpayment of child support is a                                                                      
12   (1)  class B misdemeanor if the amount of child support past due by                                                  
13 more than 30 days is less than $1,000;                                                                                  
14   (2)  class A misdemeanor if the amount of child support past due by                                                  
15 more than 30 days is at least $1,000 but less than $5,000;                                                              
16   (3)  a class C felony if the amount of child support past due by more                                                
17 than 30 days is $5,000 or more.