SCS CSHB 362(JUD): "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support."
00SENATE CS FOR CS FOR HOUSE BILL NO. 362(JUD) 01 "An Act relating to the statute of limitations for actions brought upon a child 02 support judgment; and establishing the crime of aiding the nonpayment of child 03 support." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.10.040 is amended to read: 06 Sec. 09.10.040. ACTION UPON JUDGMENT OR SEALED INSTRUMENT 07 IN 10 YEARS. Except as provided in (b) of this section, a [NO] person may not 08 bring an action upon a judgment or decree of a court of the United States, or of a state 09 or territory within the United States, and an [NO] action may not be brought upon a 10 sealed instrument, unless the action is commenced within 10 years. 11 * Sec. 2. AS 09.10.040 is amended by adding a new subsection to read: 12 (b) An action may be brought to establish a judgment for child support 13 payments that are 30 or more days past due under a support order, as defined in 14 AS 25.27.900, if the action is commenced by the date on which the youngest child
01 covered by the support order becomes 21 years of age. An action after the 02 establishment of the judgment is governed by (a) of this section. 03 * Sec. 3. 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 an obligor 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 obligor when that information is requested by a child support 11 enforcement agency; or 12 (B) participates in a commercial, business, or employment 13 arrangement with the obligor, knowing at the time that the arrangement is made 14 that it will allow the obligor to avoid paying all or some of the support when 15 it is due or to avoid having a lien placed on assets for the payment of 16 delinquent support; receipt of a substantial asset for less than fair market value 17 from an obligor after the obligor's support order has been established 18 constitutes a rebuttable presumption that the person receiving the asset knew 19 that the transfer would allow the obligor to avoid paying all or some of the 20 support or to avoid having a lien placed on the asset. 21 (b) In a prosecution under (a)(2)(B) of this section, it is not a defense that the 22 (1) defendant did not intend to assist the obligor in the nonpayment of 23 child support; or 24 (2) obligor did not intend to avoid paying child support. 25 (c) This section does not prohibit an arrangement entered into with an attorney 26 for the purpose of paying the attorney who represents the child support obligor in 27 proceedings to contest or modify a child support order. 28 (d) Aiding the nonpayment of child support is a class A misdemeanor.