HB 152: "An Act relating to child support for children who are not minors; and providing for an effective date."
00HOUSE BILL NO. 152 01 "An Act relating to child support for children who are not minors; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.24.160(a)(1) is amended to read: 05 (1) for the payment by either or both parties of an amount of money 06 or goods, in gross or installments that may include cost-of-living adjustments, as may 07 be just and proper for the parties to contribute toward the nurture and education of 08 their children, including unmarried 18 year old children who are actively pursuing 09 a high school diploma or equivalent level of technical or vocational training and 10 living as dependents with the person receiving child support or a designee of that 11 person, and the court may order the parties to arrange with their employers for an 12 automatic payroll deduction each month or each pay period, if the period is other than 13 monthly, of the amount of the installment; if the employer agrees, the installment shall 14 be forwarded by the employer to the clerk of the superior court that entered the
01 judgment or to the court trustee, and the amount of the installment is exempt from 02 execution; 03 * Sec. 2. AS 25.24.170(a) is repealed and reenacted to read: 04 (a) Subject to AS 25.20.110, any time after judgment, the court, upon the 05 motion of either party, may set aside, alter, or modify so much of the judgment as may 06 provide for alimony, for the appointment of trustees for the care and custody of the 07 children, for the nurture and education of the children, or for the maintenance of either 08 party to the action. The court may modify a child support order to provide for the 09 care, nurture, and education of unmarried 18 year old children of the marriage while 10 they are actively pursuing a high school diploma or an equivalent level of technical 11 or vocational training and living as dependents with the person receiving child support 12 or a designee of that person. 13 * Sec. 3. AS 25.24.200(a) is amended to read: 14 (a) A husband and wife together may petition the superior court for the 15 dissolution of their marriage under AS 25.24.200 - 25.24.260 if the following 16 conditions exist at the time of filing the petition: 17 (1) incompatibility of temperament has caused the irremediable 18 breakdown of the marriage; 19 (2) if there are unmarried children of the marriage under the age of 19 20 or the wife is pregnant, [AND] the spouses have agreed on which spouse or third party 21 is to be awarded custody of each minor child of the marriage and the extent of 22 visitation, including visitation by grandparents and other persons if in the child's best 23 interests, and support to be provided on [THE CHILDREN'S] behalf of the minor 24 children and any 18 year old children while the 18 year old children are 25 unmarried, actively pursuing a high school diploma or an equivalent level of 26 technical or vocational training, and living as dependents with the person 27 receiving child support or a designee of that person, whether the payments are to 28 be made through the child support enforcement agency and the tax consequences of 29 that agreement; 30 (3) the spouses have agreed as to the distribution of all jointly owned 31 real and personal property, including retirement benefits, and the payment of spousal
01 maintenance, if any, and the tax consequences resulting from these payments; the 02 agreement must be fair and just and take into consideration the factors listed in 03 AS 25.24.160(a)(2) and (4) so that the economic effect of dissolution is fairly 04 allocated; and 05 (4) the spouses have agreed as to the payment of all unpaid obligations 06 incurred by either or both of them, and as to payment of obligations incurred jointly 07 in the future. 08 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).