CSSB 302(STA): "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date."
00CS FOR SENATE BILL NO. 302(STA) 01 "An Act relating to the establishment, modification, and enforcement of support 02 orders and the determination of parentage in situations involving more than one 03 state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil 04 Procedure 79 and 82; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 25.25 is amended by adding new sections to read: 07 ARTICLE 1. GENERAL PROVISIONS. 08 Sec. 25.25.101. DEFINITIONS. In this chapter, 09 (1) "child" means an individual, whether over or under the age of 10 majority, who is or is alleged to be owed a duty of support by the individual's parent 11 or who is or is alleged to be the beneficiary of a support order directed to the parent; 12 (2) "child support order" means a support order for a child, including 13 a child who has attained the age of majority under the law of the issuing state; 14 (3) "duty of support" means an obligation imposed or imposable by law
01 to provide support for a child, spouse, or former spouse, including an unsatisfied 02 obligation to provide support; 03 (4) "home state" means the state in which a child lived with a parent 04 or a person acting as parent for at least six consecutive months immediately preceding 05 the time of filing of a complaint or comparable pleading for support and, if a child is 06 less than six months old, the state in which the child lived from birth with a parent or 07 person acting as a parent; a period of temporary absence of a parent or person acting 08 as a parent is counted as part of the six-month or other period; 09 (5) "income" includes earnings or other periodic entitlements to money 10 from any source and any other property subject to withholding for support under the 11 law of this state; 12 (6) "income withholding order" means an order or other legal process 13 directed to an obligor, an obligor's employer, an obligor's future employer, or another 14 person, political subdivision, or department of the state, under AS 25.27 to withhold 15 support from the income of the obligor under AS 25.27; 16 (7) "initiating state" means a state in which a proceeding under this 17 chapter or a law substantially similar to this chapter, the former provisions of this 18 chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform 19 Reciprocal Enforcement of Support Act is filed for forwarding to a responding state; 20 (8) "initiating tribunal" means the authorized tribunal in an initiating 21 state; 22 (9) "issuing state" means the state in which a tribunal issues a support 23 order or renders a judgment determining parentage; 24 (10) "issuing tribunal" means the tribunal that issues a support order 25 or renders a judgment determining parentage; 26 (11) "law" includes decisional and statutory law and rules and 27 regulations having the force of law; 28 (12) "obligee" means 29 (A) an individual to whom a duty of support is or is alleged to 30 be owed or in whose favor a support order has been issued or a judgment 31 determining parentage has been rendered;
01 (B) a state or political subdivision to which the rights under a 02 duty of support or support order have been assigned or that has independent 03 claims based on financial assistance provided to an individual obligee; or 04 (C) an individual seeking a judgment determining parentage of 05 the individual's child; 06 (13) "obligor" means an individual or the estate of a decedent who 07 (A) owes or is alleged to owe a duty of support; 08 (B) is alleged but has not been adjudicated to be a parent of a 09 child; or 10 (C) is liable under a support order; 11 (14) "register" means to file a support order or judgment determining 12 parentage with the superior court; 13 (15) "registering court" means the superior court in which a support 14 order or judgment determining parentage is registered; 15 (16) "responding state" means a state to which a proceeding is 16 forwarded under this chapter or a law substantially similar to this chapter, the former 17 provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, or the 18 Revised Uniform Reciprocal Enforcement of Support Act; 19 (17) "responding tribunal" means the authorized tribunal in a 20 responding state; 21 (18) "spousal support order" means a support order for a spouse or 22 former spouse of the obligor; 23 (19) "state" means a state of the United States, the District of 24 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 25 subject to the jurisdiction of the United States; the term "state" includes a foreign 26 jurisdiction that has established procedures for issuance and enforcement of support 27 orders that are substantially similar to the procedures under this chapter; 28 (20) "support enforcement agency" means a public official or agency 29 authorized to seek 30 (A) enforcement of support orders or laws relating to the duty 31 of support;
01 (B) establishment or modification of child support orders; 02 (C) determination of parentage; or 03 (D) the location of obligors or their assets; 04 (21) "support order" means a judgment, decree, or order, whether 05 temporary, final, or subject to modification, for the benefit of a child, a spouse, or a 06 former spouse, that provides for monetary support, health care, arrearages, or 07 reimbursement, and may include related costs and fees, interest, income withholding, 08 attorney fees, and other relief; 09 (22) "tribunal" means a court, administrative agency, or quasi-judicial 10 entity authorized to establish, enforce, or modify support orders or to determine 11 parentage. 12 Sec. 25.25.102. TRIBUNALS OF THIS STATE. The superior court and the 13 child support enforcement agency are the tribunals of this state. 14 Sec. 25.25.103. REMEDIES CUMULATIVE. Remedies provided by this 15 chapter are cumulative and do not affect the availability of remedies under other law. 16 * Sec. 2. AS 25.25 is amended by adding new sections to read: 17 ARTICLE 2. JURISDICTION. 18 Sec. 25.25.201. BASES FOR JURISDICTION OVER NONRESIDENT. In 19 a proceeding to establish, enforce, or modify a support order or to determine parentage, 20 a tribunal of this state may exercise personal jurisdiction over a nonresident individual 21 or the individual's guardian or conservator if 22 (1) the individual is personally served with a citation, summons, or 23 notice within this state; however, in a case based on service under this paragraph, a 24 tribunal may dismiss the case for improper venue; 25 (2) the individual submits to the jurisdiction of this state by consent, 26 by entering a general appearance, or by filing a responsive document having the effect 27 of waiving any contest to personal jurisdiction; 28 (3) the individual resided with the child in this state; 29 (4) the individual resided in this state and provided prenatal expenses 30 or support for the child; 31 (5) the child resides in this state as a result of the acts or directives of
01 the individual; 02 (6) the individual engaged in sexual intercourse in this state and the 03 child may have been conceived by that act of intercourse; 04 (7) the individual acknowledged parentage in a writing deposited with 05 the Bureau of Vital Statistics under AS 25.20.050; or 06 (8) there is another basis consistent with the constitutions of this state 07 and the United States for the exercise of personal jurisdiction. 08 Sec. 25.25.202. PROCEDURE WHEN EXERCISING JURISDICTION OVER 09 NONRESIDENT. A tribunal of this state exercising personal jurisdiction over a 10 nonresident under AS 25.25.201 may apply AS 25.25.316 to receive evidence from 11 another state and AS 25.25.318 to obtain discovery through a tribunal of another state. 12 In all other respects, AS 25.25.301 - 25.25.701 do not apply and the tribunal shall 13 apply the procedural and substantive law of this state, including the rules on choice of 14 law other than those established by this chapter. 15 Sec. 25.25.203. INITIATING AND RESPONDING TRIBUNAL OF THIS 16 STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal 17 to forward proceedings to another state and as a responding tribunal for proceedings 18 initiated in another state. 19 Sec. 25.25.204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE. 20 (a) A tribunal of this state may exercise jurisdiction to establish a support order if the 21 complaint or comparable pleading is filed after a complaint or comparable pleading is 22 filed in another state only if 23 (1) the complaint or comparable pleading in this state is filed before 24 the expiration of the time allowed in the other state for filing a responsive pleading 25 challenging the exercise of jurisdiction by the other state; 26 (2) the contesting party timely challenges the exercise of jurisdiction 27 in the other state; and 28 (3) if relevant, this state is the home state of the child. 29 (b) A tribunal of this state may not exercise jurisdiction to establish a support 30 order if the complaint or comparable pleading is filed before a complaint or 31 comparable pleading is filed in another state if
01 (1) the complaint or comparable pleading in the other state is filed 02 before the expiration of the time allowed in this state for filing a responsive pleading 03 challenging the exercise of jurisdiction by this state; 04 (2) the contesting party timely challenges the exercise of jurisdiction 05 in this state; and 06 (3) if relevant, the other state is the home state of the child. 07 Sec. 25.25.205. CONTINUING, EXCLUSIVE JURISDICTION. (a) A 08 tribunal of this state issuing a support order consistent with the law of this state has 09 continuing, exclusive jurisdiction over a child support order 10 (1) as long as this state remains the residence of the obligor, the 11 individual obligee, or the child for whose benefit the support order is issued; or 12 (2) until each individual party has filed written consent with the tribunal 13 of this state for a tribunal of another state to modify the order and assume continuing, 14 exclusive jurisdiction. 15 (b) A tribunal of this state issuing a child support order consistent with the law 16 of this state may not exercise its continuing jurisdiction to modify the order if the 17 order has been modified by a tribunal of another state under a law substantially similar 18 to this chapter. 19 (c) If a child support order of this state is modified by a tribunal of another 20 state under a law substantially similar to this chapter, a tribunal of this state loses its 21 continuing, exclusive jurisdiction with regard to prospective enforcement of the order 22 issued in this state and may only 23 (1) enforce the order that was modified as to amounts accruing before 24 the modification; 25 (2) enforce nonmodifiable aspects of that order; and 26 (3) provide other appropriate relief for violations of that order that 27 occurred before the effective date of the modification. 28 (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction 29 of a tribunal of another state that has issued a child support order under a law 30 substantially similar to this chapter. 31 (e) A temporary support order issued ex parte or pending resolution of a
01 jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing 02 tribunal. 03 (f) A tribunal of this state issuing a support order consistent with the law of 04 this state has continuing, exclusive jurisdiction over a spousal support order throughout 05 the existence of the support obligation. A tribunal of this state may not modify a 06 spousal support order issued by a tribunal of another state having continuing, exclusive 07 jurisdiction over that order under the law of that state. 08 Sec. 25.25.206. ENFORCEMENT AND MODIFICATION OF SUPPORT 09 ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal 10 of this state may serve as an initiating tribunal to request a tribunal of another state to 11 enforce or modify a support order issued in that state. 12 (b) A tribunal of this state having continuing, exclusive jurisdiction over a 13 support order may act as a responding tribunal to enforce or modify the order. If a 14 party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides 15 in the issuing state, in subsequent proceedings the tribunal may apply AS 25.25.316 16 to receive evidence from another state and AS 25.25.318 to obtain discovery through 17 a tribunal of another state. 18 (c) A tribunal of this state that lacks continuing, exclusive jurisdiction over a 19 spousal support order may not serve as a responding tribunal to modify a spousal 20 support order of another state. 21 Sec. 25.25.207. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a 22 proceeding is brought under this chapter, and one or more child support orders have 23 been issued in this or another state with regard to an obligor and a child, a tribunal of 24 this state shall apply the following criteria in determining which order to recognize for 25 purposes of continuing, exclusive jurisdiction: 26 (1) if only one tribunal has issued a child support order, the order of 27 that tribunal shall be recognized; 28 (2) if two or more tribunals have issued child support orders for the 29 same obligor and child, and only one of the tribunals would have continuing, exclusive 30 jurisdiction under this chapter, the order of that tribunal shall be recognized; 31 (3) if two or more tribunals have issued child support orders for the
01 same obligor and child, and more than one of the tribunals would have continuing, 02 exclusive jurisdiction under this chapter, an order issued by a tribunal in the current 03 home state of the child shall be recognized but, if an order has not been issued in the 04 current home state of the child, the order most recently issued must be recognized; 05 (4) if two or more tribunals have issued child support orders for the 06 same obligor and child, and none of the tribunals would have continuing, exclusive 07 jurisdiction under this chapter, the tribunal of this state may issue a child support order 08 that shall be recognized. 09 (b) The tribunal that has issued an order recognized under (a) of this section 10 is the tribunal having continuing, exclusive jurisdiction. 11 Sec. 25.25.208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR 12 MORE OBLIGEES. In responding to multiple registrations or complaints for 13 enforcement of two or more child support orders in effect at the same time with regard 14 to the same obligor and different individual obligees, when at least one of the orders 15 was issued by a tribunal of another state, a tribunal of this state shall enforce those 16 orders in the same manner as if the multiple orders had been issued by a tribunal of 17 this state. 18 Sec. 25.25.209. CREDIT FOR PAYMENTS. Amounts collected and credited 19 for a particular period under a support order issued by a tribunal of another state shall 20 be credited against the amounts accruing or accrued for the same period under a 21 support order issued by the tribunal of this state. 22 * Sec. 3. AS 25.25 is amended by adding new sections to read: 23 ARTICLE 3. CIVIL PROVISIONS OF GENERAL APPLICATION. 24 Sec. 25.25.301. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as 25 otherwise provided in this chapter, AS 25.25.301 - 25.25.319 apply to all proceedings 26 under this chapter. 27 (b) This chapter provides for the following proceedings: 28 (1) establishment of an order for child support or spousal support under 29 AS 25.25.401; 30 (2) enforcement of a support order and income withholding order of 31 another state without registration under AS 25.25.501 - 25.25.502;
01 (3) registration of an order for child support or spousal support of 02 another state for enforcement under AS 25.25.601 - 25.25.612; 03 (4) modification of an order for child support or spousal support issued 04 by a tribunal of this state under AS 25.25.203 - 25.25.206; 05 (5) registration of an order for child support of another state for 06 modification under AS 25.25.601 - 25.25.612; 07 (6) determination of parentage under AS 25.25.701; and 08 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 09 25.25.202. 10 (c) An individual or a support enforcement agency may commence a 11 proceeding authorized under this chapter by filing a complaint or a comparable 12 pleading in an initiating tribunal for forwarding to a responding tribunal or by filing 13 a complaint or a comparable pleading directly in a tribunal of another state that has 14 or can obtain personal jurisdiction over the respondent. 15 Sec. 25.25.302. ACTION BY MINOR PARENT. A minor parent, or a 16 guardian or other legal representative of a minor parent, may maintain a proceeding 17 on behalf of or for the benefit of the minor's child. 18 Sec. 25.25.303. APPLICATION OF LAW OF THIS STATE. Except as 19 otherwise provided by this chapter, a responding tribunal of this state shall 20 (1) apply the procedural and substantive law, including the rules on 21 choice of law, generally applicable to similar proceedings originating in this state and 22 may exercise all powers and provide all remedies available in those proceedings; and 23 (2) determine the duty of support and the amount payable under the law 24 and support guidelines of this state. 25 Sec. 25.25.304. DUTIES OF INITIATING TRIBUNAL. Upon the filing of 26 a complaint or comparable pleading authorized by this chapter, an initiating tribunal 27 of this state shall forward three copies of the complaint or comparable pleading and 28 its accompanying documents 29 (1) to the responding tribunal or appropriate support enforcement 30 agency in the responding state; or 31 (2) if the identity of the responding tribunal is unknown, to the state
01 information agency of the responding state with a request that they be forwarded to the 02 appropriate tribunal and that receipt be acknowledged. 03 Sec. 25.25.305. DUTIES AND POWERS OF RESPONDING TRIBUNAL. 04 (a) When a responding tribunal of this state receives a complaint or comparable 05 pleading from an initiating tribunal or directly under AS 25.25.301(c), it shall cause 06 the complaint or pleading to be filed and notify the petitioner by first class mail where 07 and when it was filed. 08 (b) A responding tribunal of this state, to the extent otherwise specifically 09 authorized by law, may do one or more of the following: 10 (1) issue or enforce a support order, modify a child support order, or 11 render a judgment to determine parentage; 12 (2) order an obligor to comply with a support order, specifying the 13 amount and the manner of compliance; 14 (3) order income withholding; 15 (4) determine the amount of any arrearages, and specify a method of 16 payment; 17 (5) enforce orders by civil or criminal contempt, or both; 18 (6) set aside property for satisfaction of the support order; 19 (7) place liens and order execution on the obligor's property; 20 (8) order an obligor to keep the tribunal informed of the obligor's 21 current residential address, telephone number, employer, address of employment, and 22 telephone number at the place of employment; 23 (9) issue a bench warrant for an obligor who has failed after proper 24 notice to appear at a hearing ordered by the tribunal and enter the bench warrant in 25 any local and state computer systems for criminal warrants; 26 (10) order the obligor to seek appropriate employment by specified 27 methods; 28 (11) award reasonable attorney fees and other fees and costs; and 29 (12) grant any other available remedy. 30 (c) A responding tribunal of this state shall include in a support order issued 31 under this chapter, or in the documents accompanying the order, the calculations on
01 which the support order is based. 02 (d) A responding tribunal of this state may not condition the payment of a 03 support order issued under this chapter upon compliance by a party with provisions for 04 visitation. 05 (e) If a responding tribunal of this state issues an order under this chapter, the 06 tribunal shall send a copy of the order by first class mail to the petitioner and the 07 respondent and to the initiating tribunal, if any. 08 Sec. 25.25.306. INAPPROPRIATE TRIBUNAL. If a complaint or comparable 09 pleading is received by an inappropriate tribunal of this state, it shall forward the 10 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 11 state or another state and notify the petitioner by first class mail where and when the 12 complaint or pleading was sent. 13 Sec. 25.25.307. DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCY. 14 (a) The child support enforcement agency of this state, upon request, shall provide 15 services to a petitioner in a proceeding under this chapter. 16 (b) In providing services under this chapter to the petitioner, the child support 17 enforcement agency shall, as appropriate 18 (1) take the steps necessary to enable an appropriate tribunal in this 19 state or another state to obtain jurisdiction over the respondent; 20 (2) request an appropriate tribunal to set a date, time, and place for a 21 hearing; 22 (3) make a reasonable effort to obtain all relevant information, 23 including information as to income and property of the parties; 24 (4) send written notice from an initiating, responding, or registering 25 tribunal to the petitioner by first class mail within two days of receipt, exclusive of 26 Saturdays, Sundays, and legal holidays; 27 (5) send a copy of a written communication from the respondent or the 28 respondent's attorney to the petitioner by first class mail within two days of receipt, 29 exclusive of Saturdays, Sundays, and legal holidays; and 30 (6) notify the petitioner if jurisdiction over the respondent cannot be 31 obtained.
01 (c) This chapter does not create or negate a relationship of attorney and client 02 or other fiduciary relationship between the child support enforcement agency or the 03 attorney for the agency and the individual being assisted by the agency. 04 Sec. 25.25.308. DUTY OF ATTORNEY GENERAL. If the attorney general 05 determines that the child support enforcement agency is neglecting or refusing to 06 provide services to an individual, the attorney general may order the agency to perform 07 its duties under this chapter or may provide those services directly to the individual. 08 Sec. 25.25.309. PRIVATE COUNSEL. An individual may employ private 09 counsel to represent the individual in proceedings authorized by this chapter. 10 Sec. 25.25.310. STATE INFORMATION AND LOCATOR AGENCY. The 11 child support enforcement agency is the state information agency under this chapter, 12 and it shall 13 (1) compile and maintain a current list, including addresses, of the 14 courts in this state that have jurisdiction under this chapter and the appropriate agency 15 offices in this state and transmit a copy to the state information agency of every other 16 state; 17 (2) maintain a register of tribunals and support enforcement agencies 18 received from other states; 19 (3) forward to the appropriate tribunal in the place in this state in which 20 the individual obligee or the obligor resides, or in which the obligor's property is 21 believed to be located, all documents concerning a proceeding under this chapter 22 received from an initiating tribunal or the state information agency of the initiating 23 state; and 24 (4) obtain information concerning the location of the obligor and the 25 obligor's property within this state that is not exempt from execution by such means 26 as postal verification and federal or state locator services, examination of telephone 27 directories, requests for the obligor's address from employers, and examination of 28 governmental records, including, to the extent not prohibited by other law, those 29 relating to real property, vital statistics, law enforcement, taxation, motor vehicles, 30 driver's licenses, and social security. 31 Sec. 25.25.311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a)
01 A petitioner seeking to establish or modify a support order or to determine parentage 02 in a proceeding under this chapter shall verify the complaint or comparable pleading. 03 Unless otherwise ordered under AS 25.25.312, or otherwise prohibited by law, the 04 complaint or comparable pleading or accompanying documents must provide, so far 05 as is known, the name, residential address, and social security numbers of the obligor 06 and the obligee, and the name, sex, residential address, social security number, and 07 date of birth of each child for whom support is sought. The complaint or comparable 08 pleading must be accompanied by a certified copy of any support order in effect. The 09 complaint or comparable pleading may include other information that may assist in 10 locating or identifying the respondent. 11 (b) The complaint or comparable pleading must specify the relief sought. The 12 complaint or comparable pleading and accompanying documents must conform 13 substantially with the requirements imposed by the forms mandated by federal law for 14 use in cases filed by a support enforcement agency. 15 Sec. 25.25.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL 16 CIRCUMSTANCES. Upon a finding by a court, which may be made ex parte, that 17 the health, safety, or liberty of a party or child would be unreasonably put at risk by 18 the disclosure of identifying information, or if an existing order so provides, a tribunal 19 shall order that the address of the child or party or other identifying information not 20 be disclosed in a pleading or other document filed in a proceeding under this chapter. 21 Sec. 25.25.313. COSTS AND FEES. (a) Notwithstanding any other provision 22 of law, including a rule of the Alaska Supreme Court, at the time a complaint or 23 comparable pleading is filed under this chapter, a tribunal may not require the 24 petitioner to pay a filing fee or other costs. 25 (b) The superior court shall order the payment of costs and reasonable attorney 26 fees, including filing fees that were waived under (a) of this section, by a party who 27 requests a hearing under this chapter if it determines that the hearing was requested 28 primarily for delay. In a proceeding under AS 25.25.601 - 25.25.612, a hearing is 29 presumed to have been requested primarily for delay if a registered support order is 30 confirmed or enforced without change; however, the party who requested the hearing 31 may present evidence to rebut this presumption.
01 Sec. 25.25.314. LIMITED IMMUNITY OF PETITIONER. (a) Participation 02 by a petitioner in a proceeding before a responding tribunal, whether in person, by 03 private attorney, or through services provided by the support enforcement agency, does 04 not confer personal jurisdiction over the petitioner in another proceeding. 05 (b) A petitioner is not amenable to service of civil process while physically 06 present in this state to participate in a proceeding under this chapter. 07 (c) The immunity granted by this section does not extend to civil litigation 08 based on acts unrelated to a proceeding under this chapter committed by a party while 09 present in this state to participate in the proceeding. 10 Sec. 25.25.315. NONPARENTAGE AS DEFENSE. A party whose parentage 11 of a child has been previously determined under law may not plead nonparentage as 12 a defense to a proceeding under this chapter. 13 Sec. 25.25.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a) 14 The physical presence of the petitioner in a responding tribunal of this state is not 15 required for the establishment, enforcement, or modification of a support order or the 16 rendition of a judgment determining parentage. 17 (b) A verified complaint or comparable pleading, affidavit, document 18 substantially complying with federally mandated forms, and a document incorporated 19 by reference in any of them, not excluded under the hearsay rule if given in person, 20 is admissible in evidence if given under oath by a party or witness residing in another 21 state. 22 (c) A copy of the record of child support payments certified as a true copy of 23 the original by the custodian of the record may be forwarded to a responding tribunal. 24 The copy is evidence of facts asserted in it and is admissible to show whether 25 payments were made. 26 (d) Copies of bills for testing for parentage, and for prenatal and postnatal 27 health care of the mother and child, furnished to the adverse party at least 10 days 28 before trial or other proceeding, are admissible in evidence to prove the amount of the 29 charges billed and that the charges were reasonable, necessary, and customary. 30 (e) Documentary evidence transmitted from another state to a tribunal of this 31 state by telephone, telecopier, or other means that do not provide an original writing
01 may not be excluded from evidence on an objection based on the means of 02 transmission. 03 (f) In a proceeding under this chapter, a tribunal of this state may permit a 04 party or witness residing in another state to be deposed or to testify by telephone, 05 audiovisual means, or other electronic means at a designated tribunal or other location 06 in that state. A tribunal of this state shall cooperate with tribunals of other states in 07 designating an appropriate location for the deposition or testimony. 08 (g) If a party called to testify at a civil hearing refuses to answer on the 09 ground that the testimony may be self-incriminating, the trier of fact may draw an 10 adverse inference from the refusal. 11 (h) A privilege against disclosure of communications between spouses does not 12 apply in a proceeding under this chapter. 13 (i) The defense of immunity based on the relationship of husband and wife or 14 parent and child does not apply in a proceeding under this chapter. 15 Sec. 25.25.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal 16 of this state may communicate with a tribunal of another state in writing, or by 17 telephone or other means, to obtain information concerning the laws of that state, the 18 legal effect of a judgment, decree, or order of that tribunal, and the status of a 19 proceeding in the other state. A tribunal of this state may furnish similar information 20 by similar means to a tribunal of another state. 21 Sec. 25.25.318. ASSISTANCE WITH DISCOVERY. A tribunal of this state 22 may 23 (1) request a tribunal of another state to assist in obtaining discovery; 24 and 25 (2) upon request, compel a person over whom it has jurisdiction to 26 respond to a discovery order issued by a tribunal of another state. 27 Sec. 25.25.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. The 28 child support enforcement agency of this state shall disburse promptly any amounts 29 received under a support order, as directed by the order. The agency shall furnish to 30 a requesting party or tribunal of another state a certified statement by the custodian of 31 the record of the amounts and dates of all payments received.
01 ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER. 02 Sec. 25.25.401. COMPLAINT TO ESTABLISH SUPPORT ORDER. (a) If 03 a child support order entitled to recognition under this chapter has not been issued, a 04 responding tribunal of this state may issue a child support order if 05 (1) the individual seeking the order resides in another state; or 06 (2) the support enforcement agency seeking the order is located in 07 another state. 08 (b) The tribunal may issue a temporary child support order if 09 (1) the respondent has signed a verified statement acknowledging 10 parentage; 11 (2) the respondent has been determined under law to be the parent; or 12 (3) there is other clear and convincing evidence that the respondent is 13 the child's parent. 14 (c) If a spousal support order entitled to recognition under this chapter has not 15 been issued, a responding superior court of this state may issue a spousal support order 16 if 17 (1) the individual seeking the order resides in another state; or 18 (2) the support enforcement agency seeking the order is located in 19 another state. 20 (d) If, after providing an obligor with notice and opportunity to be heard, an 21 appropriate tribunal finds that the obligor owes a duty of support, the tribunal shall 22 issue a support order directed to the obligor and may issue other orders under 23 AS 25.25.305. 24 (e) Before issuing an order under (b) of this section, the child support 25 enforcement agency shall adopt regulations for issuing such an order. 26 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER OF 27 ANOTHER STATE WITHOUT REGISTRATION. 28 Sec. 25.25.501. RECOGNITION OF INCOME WITHHOLDING ORDER OF 29 ANOTHER STATE. (a) An income withholding order issued in another state may 30 be sent by first class mail to the person or entity defined as the obligor's employer 31 under AS 25.27 without first filing a complaint or comparable pleading or registering
01 the order with the superior court of this state. Upon receipt of the order, the employer 02 shall 03 (1) treat an income withholding order issued in another state that 04 appears regular on its face as if it had been issued by a tribunal of this state; 05 (2) immediately provide a copy of the order to the obligor; and 06 (3) distribute the funds as directed in the withholding order. 07 (b) An obligor may contest the validity or enforcement of an income 08 withholding order issued in another state in the same manner as if the order had been 09 issued by a tribunal of this state. AS 25.25.604 applies to the contest. The obligor 10 shall give notice of the contest to any support enforcement agency providing services 11 to the obligee and 12 (1) to the person or agency designated to receive payments in the 13 income withholding order; or 14 (2) if no person or agency is designated, to the obligee. 15 Sec. 25.25.502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A 16 party seeking to enforce a support order or an income withholding order, or both, 17 issued by a tribunal of another state may send the documents required for registering 18 the order to the child support enforcement agency of this state. 19 (b) Upon receipt of the documents, the child support enforcement agency, 20 without initially seeking to register the order, shall consider and, if appropriate, use 21 any administrative procedure authorized by the law of this state to enforce a support 22 order or an income withholding order, or both. If the obligor does not contest 23 administrative enforcement, the order need not be registered. If the obligor contests 24 the validity or administrative enforcement of the order, the child support enforcement 25 agency shall register the order under this chapter. 26 ARTICLE 6. ENFORCEMENT AND MODIFICATION OF 27 SUPPORT ORDER AFTER REGISTRATION. 28 Sec. 25.25.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A 29 support order or an income withholding order issued by a tribunal of another state may 30 be registered in this state for enforcement. 31 Sec. 25.25.602. PROCEDURE TO REGISTER ORDER FOR
01 ENFORCEMENT. (a) A support order or income withholding order of another state 02 may be registered in this state by sending the following documents and information 03 to a tribunal of this state: 04 (1) a letter of transmittal requesting registration and enforcement; 05 (2) two copies, including one certified copy, of orders to be registered, 06 including modification of an order; 07 (3) a sworn statement by the party seeking registration or a certified 08 statement by the custodian of the records showing the amount of arrearage; 09 (4) the name of the obligor and, if known: 10 (A) the obligor's address and social security number; 11 (B) the name and address of the obligor's employer and any 12 other source of income of the obligor; and 13 (C) a description and the location of property in this state of the 14 obligor not exempt from execution; and 15 (5) the name and address of the obligee and, if applicable, the agency 16 or person to whom support payments are to be remitted. 17 (b) On receipt of a request for registration, the tribunal shall file the order as 18 a foreign judgment, together with one copy of the documents and information, 19 regardless of their form. 20 (c) A complaint or comparable pleading seeking a remedy that must be 21 affirmatively sought under other law of this state may be filed at the same time as the 22 request for registration or later. The pleading must specify the grounds for the remedy 23 sought. 24 Sec. 25.25.603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) 25 A support order or income withholding order issued in another state is registered when 26 the order is filed in a tribunal of this state. 27 (b) A registered order issued in another state is enforceable in the same 28 manner and is subject to the same procedures as an order issued by a tribunal of this 29 state. 30 (c) Except as otherwise provided in AS 25.25.601 - 25.25.612, a tribunal of 31 this state shall recognize and enforce, but may not modify, a registered order if the
01 issuing tribunal had jurisdiction. 02 Sec. 25.25.604. CHOICE OF LAW. (a) The law of the issuing state governs 03 the nature, extent, amount, and duration of current payments and other obligations of 04 support and the payment of arrearages under the order. 05 (b) In a proceeding for arrearages, the statute of limitation under the laws of 06 this state or of the issuing state, whichever is longer, applies. 07 Sec. 25.25.605. NOTICE OF REGISTRATION OF ORDER. (a) When a 08 support order or income withholding order issued in another state is registered, the 09 tribunal shall notify the nonregistering party. Notice shall be given by first class, 10 certified, or registered mail or by any means of personal service authorized by the law 11 of this state. The notice must be accompanied by a copy of the registered order and 12 the documents and relevant information accompanying the order. 13 (b) The notice must inform the nonregistering party 14 (1) that a registered order is enforceable as of the date of registration 15 in the same manner as an order issued by a tribunal of this state; 16 (2) that a hearing to contest the validity or enforcement of the 17 registered order must be requested within 20 days after the date of mailing or personal 18 service of the notice; 19 (3) that failure to contest the validity or enforcement of the registered 20 order in a timely manner will result in confirmation of the order and enforcement of 21 the order and the alleged arrearages and precludes further contest of that order with 22 respect to any matter that could have been asserted; and 23 (4) of the amount of alleged arrearages. 24 (c) Upon registration of an income withholding order for enforcement, the 25 tribunal shall notify the obligor's employer under AS 25.27. 26 Sec. 25.25.606. PROCEDURE TO CONTEST VALIDITY OR 27 ENFORCEMENT OF REGISTERED ORDER. (a) A nonregistering party seeking 28 to contest the validity or enforcement of a registered order in this state shall request 29 a hearing within 20 days after the date of mailing or personal service of notice of the 30 registration. The nonregistering party may seek to vacate the registration, to assert a 31 defense to an allegation of noncompliance with the registered order, or to contest the
01 remedies being sought or the amount of alleged arrearages under AS 25.25.607. 02 (b) If the nonregistering party fails to contest the validity or enforcement of 03 the registered order in a timely manner, the order is confirmed by operation of law. 04 (c) If a nonregistering party requests a hearing to contest the validity or 05 enforcement of the registered order, the tribunal shall schedule the matter for hearing 06 and give notice to the parties by first class mail of the date, time, and place of the 07 hearing. 08 Sec. 25.25.607. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) 09 A party contesting the validity or enforcement of a registered order or seeking to 10 vacate the registration has the burden of proving one or more of the following 11 defenses: 12 (1) the issuing tribunal lacked personal jurisdiction over the contesting 13 party; 14 (2) the order was obtained by fraud; 15 (3) the order has been vacated, suspended, or modified by a later order; 16 (4) the issuing tribunal has stayed the order pending appeal; 17 (5) there is a defense under the law of this state to the remedy sought; 18 (6) full or partial payment has been made; or 19 (7) the statute of limitation under AS 25.25.604 precludes enforcement 20 of some or all of the arrearages. 21 (b) If a party presents evidence establishing a full or partial defense under (a) 22 of this section, the tribunal may stay enforcement of the registered order, continue the 23 proceeding to permit production of additional relevant evidence, and issue other 24 appropriate orders. An uncontested portion of the registered order may be enforced 25 by all remedies available under the law of this state. 26 (c) If the contesting party does not establish a defense under (a) of this section 27 to the validity or enforcement of the order, the tribunal shall issue an order confirming 28 the order. 29 Sec. 25.25.608. CONFIRMED ORDER. Confirmation of a registered order, 30 whether by operation of law or after notice and hearing, precludes further contest of 31 the order with respect to a matter that could have been asserted at the time of
01 registration. 02 Sec. 25.25.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF 03 ANOTHER STATE FOR MODIFICATION. If a party or the child support 04 enforcement agency seeking to modify, or to modify and enforce, a child support order 05 issued in another state but not registered in this state, the party or agency shall register 06 that order in this state in the same manner provided in AS 25.25.601 - 25.25.604. A 07 complaint for modification may be filed at the same time as a request for registration, 08 or later. The pleading must specify the grounds for modification. 09 Sec. 25.25.610. EFFECT OF REGISTRATION FOR MODIFICATION. A 10 tribunal of this state may enforce a child support order of another state registered for 11 purposes of modification in the same manner as if the order had been issued by a 12 tribunal of this state, but the registered order may be modified only if the requirements 13 of AS 25.25.611 have been met. 14 Sec. 25.25.611. MODIFICATION OF CHILD SUPPORT ORDER OF 15 ANOTHER STATE. (a) After a child support order issued in another state has been 16 registered in this state, the tribunal of this state may modify that order only if, after 17 notice and hearing, it finds that 18 (1) the following requirements are met: 19 (A) the child, the individual obligee, and the obligor do not 20 reside in the issuing state; 21 (B) a petitioner who is not a resident of this state seeks 22 modification; and 23 (C) the respondent is subject to the personal jurisdiction of the 24 tribunal of this state; or 25 (2) an individual party or the child is subject to the personal jurisdiction 26 of the tribunal and all of the individual parties have filed a written consent in the 27 issuing tribunal providing that a tribunal of this state may modify the support order and 28 assume continuing, exclusive jurisdiction over the order. 29 (b) Modification of a registered child support order is subject to the same 30 requirements, procedures, and defenses that apply to the modification of an order 31 issued by a tribunal of this state and the order may be enforced and satisfied in the
01 same manner. 02 (c) A tribunal of this state may not modify any aspect of a child support order 03 that may not be modified under the law of the issuing state. 04 (d) On issuance of an order modifying a child support order issued in another 05 state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction. 06 (e) Within 30 days after issuance of a modified child support order, the party 07 obtaining the modification shall file a certified copy of the order with the issuing 08 tribunal that had continuing, exclusive jurisdiction over the earlier order and in each 09 tribunal in which the party knows that an earlier order has been registered. 10 Sec. 25.25.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER 11 STATE. A tribunal of this state shall recognize a modification of its earlier child 12 support order by a tribunal of another state that assumed jurisdiction under a law 13 substantially similar to this chapter and, upon request, except as otherwise provided 14 in this chapter, shall 15 (1) enforce the order that was modified only as to amounts accruing 16 before the modification; 17 (2) enforce only nonmodifiable aspects of that order; 18 (3) provide other appropriate relief only for violations of that order that 19 occurred before the effective date of the modification; and 20 (4) recognize the modifying order of the other state, upon registration, 21 for the purpose of enforcement. 22 ARTICLE 7. DETERMINATION OF PARENTAGE. 23 Sec. 25.25.701. PROCEEDING TO DETERMINE PARENTAGE. (a) The 24 child support enforcement agency of this state may serve as an initiating tribunal and 25 the superior court of this state may serve as an initiating or responding tribunal in a 26 proceeding brought under this chapter or a law substantially similar to this chapter, the 27 former provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, 28 or the Revised Uniform Reciprocal Enforcement of Support Act to determine whether 29 the petitioner is a parent of a particular child or to determine whether a respondent is 30 a parent of that child. 31 (b) In a proceeding to determine parentage, a responding court of this state
01 shall apply the procedural and substantive law of this state and the rules of this state 02 on choice of law. 03 ARTICLE 8. INTERSTATE RENDITION. 04 Sec. 25.25.801. GROUNDS FOR RENDITION. (a) The governor or a 05 designee of the governor may 06 (1) demand that the governor of another state surrender an individual 07 found in the other state who is charged criminally in this state with having failed to 08 provide for the support of an obligee; or 09 (2) on the demand by the governor of another state, surrender an 10 individual found in this state who is charged criminally in the other state with having 11 failed to provide for the support of an obligee. 12 (b) A provision for extradition of individuals not inconsistent with this chapter 13 applies to the demand even if the individual whose surrender is demanded was not in 14 the demanding state when the crime was allegedly committed and has not fled from 15 that state. 16 Sec. 25.25.802. CONDITIONS OF RENDITION. (a) Before making demand 17 that the governor of another state surrender an individual charged criminally in this 18 state with having failed to provide for the support of an obligee, the governor of this 19 state or the designee of the governor may require a prosecutor of this state to 20 demonstrate that the obligee had initiated proceedings for support under this chapter 21 at least 60 days previously or that the proceeding would be of no avail. 22 (b) If, under this chapter or a law substantially similar to this chapter, the 23 former provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, 24 or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of 25 another state makes a demand that the governor of this state surrender an individual 26 charged criminally in that state with having failed to provide for the support of a child 27 or other individual to whom a duty of support is owed, the governor or a designee of 28 the governor may require a prosecutor to investigate the demand and report whether 29 a proceeding for support has been initiated or would be effective. If it appears that a 30 proceeding would be effective but has not been initiated, the governor or designee may 31 delay honoring the demand for a reasonable time to permit the initiation of a
01 proceeding. 02 (c) If a proceeding for support has been initiated and the individual whose 03 rendition is demanded prevails, the governor or the designee of the governor may 04 decline to honor the demand. If the petitioner prevails and the individual whose 05 rendition is demanded is subject to a support order, the governor or designee may 06 decline to honor the demand if the individual is complying with the support order. 07 ARTICLE 9. MISCELLANEOUS PROVISIONS. 08 Sec. 25.25.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. 09 This chapter shall be applied and construed to effectuate its general purpose to make 10 uniform the law with respect to the subject of this chapter among states enacting it. 11 Sec. 25.25.902. SEVERABILITY CLAUSE. Under AS 01.10.030, if a 12 provision of this chapter or its application to a person or circumstance is held invalid, 13 the invalidity does not affect other provisions or applications of this chapter that can 14 be given effect without the invalid provision or application. 15 Sec. 25.25.903. SHORT TITLE. This chapter may be cited as the Uniform 16 Interstate Family Support Act. 17 * Sec. 4. AS 25.27.020(a) is amended to read: 18 (a) The agency shall 19 (1) seek enforcement of child support orders of the superior courts of 20 the state in other jurisdictions and shall obtain, enforce, and administer the orders in 21 this state; 22 (2) adopt regulations to carry out the purposes of this chapter, including 23 regulations that establish 24 (A) schedules for determining the amount an obligor is liable 25 to contribute toward the support of an obligee under this chapter and under 42 26 U.S.C. 651 - 669 (Title IV-D, Social Security Act); 27 (B) procedures for hearings conducted under AS 25.27.170; and 28 (C) subject to AS 25.27.025 and to federal law, a uniform rate 29 of interest on arrearages of support that shall be charged the obligor upon 30 notice if child support payments are 10 or more days overdue or if payment is 31 made by a check backed by insufficient funds; however, an obligor may not be
01 charged interest on late payment of a child support obligation, other than a 02 payment on arrearages, if the obligor is 03 (i) employed and income is being withheld from the 04 obligor's wages under an income withholding order; 05 (ii) receiving unemployment compensation and child 06 support obligations are being withheld from the obligor's unemployment 07 payments under AS 23.20.401; or 08 (iii) receiving compensation for disabilities under 09 AS 23.30 and child support obligations are being withheld from the 10 obligor's compensation payments; 11 (3) administer and enforce AS 25.25 (Uniform Interstate Family 12 [RECIPROCAL ENFORCEMENT OF] Support Act); 13 (4) establish, enforce, and administer child support obligations 14 administratively under this chapter; 15 (5) administer the state plan required under 42 U.S.C. 651 - 669 (Title 16 IV-D, Social Security Act) as amended; 17 (6) disburse support payments collected by the agency to the obligee, 18 together with interest charged under (2)(C) of this subsection; 19 (7) establish and enforce administratively under this chapter, or through 20 the superior courts of the state, child support orders from other jurisdictions pertaining 21 to obligors within the state; 22 (8) enforce and administer spousal support orders if a spousal support 23 obligation has been established with respect to the spouse and if the support obligation 24 established with respect to the child of that spouse is also being administered; and 25 (9) obtain a medical support order as part of a child support order if 26 health care coverage is available to the obligor at a reasonable cost. 27 * Sec. 5. AS 25.25.010, 25.25.020, 25.25.030, 25.25.040, 25.25.050, 25.25.060, 25.25.070, 28 25.25.080, 25.25.090, 25.25.100, 25.25.110, 25.25.120, 25.25.130, 25.25.140, 25.25.150, 29 25.25.160, 25.25.170, 25.25.171, 25.25.173, 25.25.175, 25.25.180, 25.25.190, 25.25.200, 30 25.25.210, 25.25.220, 25.25.230, 25.25.240, 25.25.250, 25.25.252, 25.25.254, 25.25.256, 31 25.25.258, 25.25.260, and 25.25.270 are repealed.
01 * Sec. 6. AS 25.25.313(a), added by sec. 3 of this Act, has the effect of amending Alaska 02 Rule of Administration 9, by requiring the waiver of filing fees and other costs under certain 03 circumstances. 04 * Sec. 7. AS 25.25.313(b), added by sec. 3 of this Act, has the effect of amending Alaska 05 Rules of Civil Procedure 79 and 82, by requiring the court to award costs and attorney fees 06 under certain circumstances. 07 * Sec. 8. AS 25.25.313(a) and 25.25.313(b), respectively, added by sec. 3 of this Act, take 08 effect January 1, 1995, only if secs. 6 and 7 of this Act, respectively, receive the two-thirds 09 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 10 * Sec. 9. This Act takes effect January 1, 1995.