CSSB 115(JUD): "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 Rules of Civil Procedure 79 and 82; and providing for an effective date."
00CS FOR SENATE BILL NO. 115(JUD) 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 Rules of Civil Procedure 79 and 82; and providing for 04 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 a parent for at least six consecutive months immediately 05 preceding the time of filing of a complaint or comparable pleading for support and, if 06 a child is less than six months old, the state in which the child lived from birth with 07 a parent or person acting as a parent; a period of temporary absence of a parent or 08 person acting 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 a registering tribunal; 13 (15) "registering tribunal" means the tribunal in which a support order 14 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; 24 (2) the individual submits to the jurisdiction of this state by consent, 25 by entering a general appearance, or by filing a responsive document having the effect 26 of waiving any contest to personal jurisdiction; 27 (3) the individual resided with the child in this state; 28 (4) the individual resided in this state and provided prenatal expenses 29 or support for the child; 30 (5) the child resides in this state as a result of the acts or directives of 31 the individual;
01 (6) the individual engaged in sexual intercourse in this state and the 02 child may have been conceived by that act of intercourse; 03 (7) the individual acknowledged parentage in a writing deposited with 04 the Bureau of Vital Statistics under AS 25.20.050; or 05 (8) there is another basis consistent with the constitutions of this state 06 and the United States for the exercise of personal jurisdiction. 07 Sec. 25.25.202. PROCEDURE WHEN EXERCISING JURISDICTION OVER 08 NONRESIDENT. A tribunal of this state exercising personal jurisdiction over a 09 nonresident under AS 25.25.201 may apply AS 25.25.316 to receive evidence from 10 another state and AS 25.25.318 to obtain discovery through a tribunal of another state. 11 In all other respects, AS 25.25.301 - 25.25.701 do not apply and the tribunal shall 12 apply the procedural and substantive law of this state, including the rules on choice of 13 law other than those established by this chapter. 14 Sec. 25.25.203. INITIATING AND RESPONDING TRIBUNAL OF THIS 15 STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal 16 to forward proceedings to another state and as a responding tribunal for proceedings 17 initiated in another state. 18 Sec. 25.25.204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE. 19 (a) A tribunal of this state may exercise jurisdiction to establish a support order if the 20 complaint or comparable pleading is filed after a complaint or comparable pleading is 21 filed in another state only if 22 (1) the complaint or comparable pleading in this state is filed before 23 the expiration of the time allowed in the other state for filing a responsive pleading 24 challenging the exercise of jurisdiction by the other state; 25 (2) the contesting party timely challenges the exercise of jurisdiction 26 in the other state; and 27 (3) if relevant, this state is the home state of the child. 28 (b) A tribunal of this state may not exercise jurisdiction to establish a support 29 order if the complaint or comparable pleading is filed before a complaint or 30 comparable pleading is filed in another state if 31 (1) the complaint or comparable pleading in the other state is filed
01 before the expiration of the time allowed in this state for filing a responsive pleading 02 challenging the exercise of jurisdiction by this state; 03 (2) the contesting party timely challenges the exercise of jurisdiction 04 in this state; and 05 (3) if relevant, the other state is the home state of the child. 06 Sec. 25.25.205. CONTINUING, EXCLUSIVE JURISDICTION. (a) A 07 tribunal of this state issuing a support order consistent with the law of this state has 08 continuing, exclusive jurisdiction over a child support order 09 (1) as long as this state remains the residence of the obligor, the 10 individual obligee, or the child for whose benefit the support order is issued; or 11 (2) until each individual party has filed written consent with the tribunal 12 of this state for a tribunal of another state to modify the order and assume continuing, 13 exclusive jurisdiction. 14 (b) A tribunal of this state issuing a child support order consistent with the law 15 of this state may not exercise its continuing jurisdiction to modify the order if the 16 order has been modified by a tribunal of another state under a law substantially similar 17 to this chapter. 18 (c) If a child support order of this state is modified by a tribunal of another 19 state under a law substantially similar to this chapter, a tribunal of this state loses its 20 continuing, exclusive jurisdiction with regard to prospective enforcement of the order 21 issued in this state and may only 22 (1) enforce the order that was modified as to amounts accruing before 23 the modification; 24 (2) enforce nonmodifiable aspects of that order; and 25 (3) provide other appropriate relief for violations of that order that 26 occurred before the effective date of the modification. 27 (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction 28 of a tribunal of another state that has issued a child support order under a law 29 substantially similar to this chapter. 30 (e) A temporary support order issued ex parte or pending resolution of a 31 jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing
01 tribunal. 02 (f) A tribunal of this state issuing a support order consistent with the law of 03 this state has continuing, exclusive jurisdiction over a spousal support order throughout 04 the existence of the support obligation. A tribunal of this state may not modify a 05 spousal support order issued by a tribunal of another state having continuing, exclusive 06 jurisdiction over that order under the law of that state. 07 Sec. 25.25.206. ENFORCEMENT AND MODIFICATION OF SUPPORT 08 ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal 09 of this state may serve as an initiating tribunal to request a tribunal of another state to 10 enforce or modify a support order issued in that state. 11 (b) A tribunal of this state having continuing, exclusive jurisdiction over a 12 support order may act as a responding tribunal to enforce or modify the order. If a 13 party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides 14 in the issuing state, in subsequent proceedings the tribunal may apply AS 25.25.316 15 to receive evidence from another state and AS 25.25.318 to obtain discovery through 16 a tribunal of another state. 17 (c) A tribunal of this state that lacks continuing, exclusive jurisdiction over a 18 spousal support order may not serve as a responding tribunal to modify a spousal 19 support order of another state. 20 Sec. 25.25.207. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a 21 proceeding is brought under this chapter, and one or more child support orders have 22 been issued in this or another state with regard to an obligor and a child, a tribunal of 23 this state shall apply the following rules in determining which order to recognize for 24 purposes of continuing, exclusive jurisdiction: 25 (1) if only one tribunal has issued a child support order, the order of 26 that tribunal shall be recognized; 27 (2) if two or more tribunals have issued child support orders for the 28 same obligor and child, and only one of the tribunals would have continuing, exclusive 29 jurisdiction under this chapter, the order of that tribunal shall be recognized; 30 (3) if two or more tribunals have issued child support orders for the 31 same obligor and child, and more than one of the tribunals would have continuing,
01 exclusive jurisdiction under this chapter, an order issued by a tribunal in the current 02 home state of the child shall be recognized but, if an order has not been issued in the 03 current home state of the child, the order most recently issued must be recognized; 04 (4) if two or more tribunals have issued child support orders for the 05 same obligor and child, and none of the tribunals would have continuing, exclusive 06 jurisdiction under this chapter, the tribunal of this state may issue a child support order 07 that shall be recognized. 08 (b) The tribunal that has issued an order recognized under (a) of this section 09 is the tribunal having continuing, exclusive jurisdiction. 10 Sec. 25.25.208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR 11 MORE OBLIGEES. In responding to multiple registrations or complaints for 12 enforcement of two or more child support orders in effect at the same time with regard 13 to the same obligor and different individual obligees, when at least one of the orders 14 was issued by a tribunal of another state, a tribunal of this state shall enforce those 15 orders in the same manner as if the multiple orders had been issued by a tribunal of 16 this state. 17 Sec. 25.25.209. CREDIT FOR PAYMENTS. Amounts collected and credited 18 for a particular period under a support order issued by a tribunal of another state shall 19 be credited against the amounts accruing or accrued for the same period under a 20 support order issued by the tribunal of this state. 21 * Sec. 3. AS 25.25 is amended by adding new sections to read: 22 ARTICLE 3. CIVIL PROVISIONS OF GENERAL APPLICATION. 23 Sec. 25.25.301. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as 24 otherwise provided in this chapter, AS 25.25.301 - 25.25.319 apply to all proceedings 25 under this chapter. 26 (b) This chapter provides for the following proceedings: 27 (1) establishment of an order for child support or spousal support under 28 AS 25.25.401; 29 (2) enforcement of a support order and income withholding order of 30 another state without registration under AS 25.25.501 - 25.25.502; 31 (3) registration of an order for child support or spousal support of
01 another state for enforcement under AS 25.25.601 - 25.25.612; 02 (4) modification of an order for child support or spousal support issued 03 by a tribunal of this state under AS 25.25.203 - 25.25.206; 04 (5) registration of an order for child support of another state for 05 modification under AS 25.25.601 - 25.25.612; 06 (6) determination of parentage under AS 25.25.701; and 07 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 08 25.25.202. 09 (c) An individual or a support enforcement agency may commence a 10 proceeding authorized under this chapter by filing a complaint or a comparable 11 pleading in an initiating tribunal for forwarding to a responding tribunal or by filing 12 a complaint or a comparable pleading directly in a tribunal of another state that has 13 or can obtain personal jurisdiction over the respondent. 14 Sec. 25.25.302. ACTION BY MINOR PARENT. A minor parent, or a 15 guardian or other legal representative of a minor parent, may maintain a proceeding 16 on behalf of or for the benefit of the minor's child. 17 Sec. 25.25.303. APPLICATION OF LAW OF THIS STATE. Except as 18 otherwise provided by this chapter, a responding tribunal of this state shall 19 (1) apply the procedural and substantive law, including the rules on 20 choice of law, generally applicable to similar proceedings originating in this state and 21 may exercise all powers and provide all remedies available in those proceedings; and 22 (2) determine the duty of support and the amount payable under the law 23 and support guidelines of this state. 24 Sec. 25.25.304. DUTIES OF INITIATING TRIBUNAL. Upon the filing of 25 a complaint or comparable pleading authorized by this chapter, an initiating tribunal 26 of this state shall forward three copies of the complaint or comparable pleading and 27 its accompanying documents 28 (1) to the responding tribunal or appropriate support enforcement 29 agency in the responding state; or 30 (2) if the identity of the responding tribunal is unknown, to the state 31 information agency of the responding state with a request that they be forwarded to the
01 appropriate tribunal and that receipt be acknowledged. 02 Sec. 25.25.305. DUTIES AND POWERS OF RESPONDING TRIBUNAL. 03 (a) When a responding tribunal of this state receives a complaint or comparable 04 pleading from an initiating tribunal or directly under AS 25.25.301(c), it shall cause 05 the complaint or pleading to be filed and notify the petitioner by first class mail where 06 and when it was filed. 07 (b) A responding tribunal of this state, to the extent otherwise specifically 08 authorized by law, may do one or more of the following: 09 (1) issue or enforce a support order, modify a child support order, or 10 render a judgment to determine parentage; 11 (2) order an obligor to comply with a support order, specifying the 12 amount and the manner of compliance; 13 (3) order income withholding; 14 (4) determine the amount of any arrearages, and specify a method of 15 payment; 16 (5) enforce orders by civil or criminal contempt, or both; 17 (6) set aside property for satisfaction of the support order; 18 (7) place liens and order execution on the obligor's property; 19 (8) order an obligor to keep the tribunal informed of the obligor's 20 current residential address, telephone number, employer, address of employment, and 21 telephone number at the place of employment; 22 (9) issue a bench warrant for an obligor who has failed after proper 23 notice to appear at a hearing ordered by the tribunal and enter the bench warrant in 24 any local and state computer systems for criminal warrants; 25 (10) order the obligor to seek appropriate employment by specified 26 methods; 27 (11) award reasonable attorney fees and other fees and costs; and 28 (12) grant any other available remedy. 29 (c) A responding tribunal of this state shall include in a support order issued 30 under this chapter, or in the documents accompanying the order, the calculations on 31 which the support order is based.
01 (d) A responding tribunal of this state may not condition the payment of a 02 support order issued under this chapter upon compliance by a party with provisions for 03 visitation. 04 (e) If a responding tribunal of this state issues an order under this chapter, the 05 tribunal shall send a copy of the order by first class mail to the petitioner and the 06 respondent and to the initiating tribunal, if any. 07 Sec. 25.25.306. INAPPROPRIATE TRIBUNAL. If a complaint or comparable 08 pleading is received by an inappropriate tribunal of this state, it shall forward the 09 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 10 state or another state and notify the petitioner by first class mail where and when the 11 complaint or pleading was sent. 12 Sec. 25.25.307. DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCY. 13 (a) The child support enforcement agency of this state, upon request, shall provide 14 services to a petitioner in a proceeding under this chapter. 15 (b) In providing services under this chapter to the petitioner, the child support 16 enforcement agency shall, as appropriate, 17 (1) take all steps necessary to enable an appropriate tribunal in this 18 state or another state to obtain jurisdiction over the respondent; 19 (2) request an appropriate tribunal to set a date, time, and place for a 20 hearing; 21 (3) make a reasonable effort to obtain all relevant information, 22 including information as to income and property of the parties; 23 (4) send written notice from an initiating, responding, or registering 24 tribunal to the petitioner by first class mail within two days of receipt, exclusive of 25 Saturdays, Sundays, and legal holidays; 26 (5) send a copy of a written communication from the respondent or the 27 respondent's attorney to the petitioner by first class mail within two days of receipt, 28 exclusive of Saturdays, Sundays, and legal holidays; and 29 (6) notify the petitioner if jurisdiction over the respondent cannot be 30 obtained. 31 (c) This chapter does not create or negate a relationship of attorney and client
01 or other fiduciary relationship between the child support enforcement agency or the 02 attorney for the agency and the individual being assisted by the agency. 03 Sec. 25.25.309. PRIVATE COUNSEL. An individual may employ private 04 counsel to represent the individual in proceedings authorized by this chapter. 05 Sec. 25.25.310. DUTIES OF STATE INFORMATION AND LOCATOR 06 AGENCY. The child support enforcement agency is the state information agency 07 under this chapter, and it shall 08 (1) compile and maintain a current list, including addresses, of the 09 courts in this state that have jurisdiction under this chapter and the appropriate agency 10 offices in this state and transmit a copy to the state information agency of every other 11 state; 12 (2) maintain a register of tribunals and support enforcement agencies 13 received from other states; 14 (3) forward to the appropriate tribunal in this state all documents 15 concerning a proceeding under this chapter received from an initiating tribunal or the 16 state information agency of the initiating state; and 17 (4) obtain information concerning the location of the obligor and the 18 obligor's property within this state that is not exempt from execution by postal 19 verification and federal or state locator services, examination of telephone directories, 20 requests for the obligor's address from employers, and examination of governmental 21 records, including, to the extent not prohibited by other law, those relating to real 22 property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, 23 and social security. 24 Sec. 25.25.311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) 25 A petitioner seeking to establish or modify a support order or to determine parentage 26 in a proceeding under this chapter shall verify the complaint or comparable pleading. 27 Unless otherwise ordered under AS 25.25.312, or otherwise prohibited by law, the 28 complaint or comparable pleading or accompanying documents must provide, so far 29 as known, the name, residential address, and social security numbers of the obligor and 30 the obligee, and the name, sex, residential address, social security number, and date 31 of birth of each child for whom support is sought. The complaint or comparable
01 pleading must be accompanied by a certified copy of any support order in effect. The 02 complaint or comparable pleading may include other information that may assist in 03 locating or identifying the respondent. 04 (b) The complaint or comparable pleading must specify the relief sought. The 05 complaint or comparable pleading and accompanying documents must conform 06 substantially with the requirements imposed by the forms mandated by federal law for 07 use in cases filed by a support enforcement agency. 08 Sec. 25.25.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL 09 CIRCUMSTANCES. Subject to the provisions of AS 25.27.275 and upon a finding, 10 which may be made ex parte, that the health, safety, or liberty of a party or child 11 would be unreasonably put at risk by the disclosure of identifying information, or if 12 an existing order so provides, a tribunal shall order that the address of the child or 13 party or other identifying information not be disclosed in a pleading or other document 14 filed in a proceeding under this chapter. 15 Sec. 25.25.313. COSTS AND FEES. (a) Notwithstanding any other provision 16 of law, including a rule of the Alaska Supreme Court, at the time a complaint or 17 comparable pleading is filed under this chapter, a tribunal may not require the 18 petitioner to pay a filing fee or other costs. 19 (b) If an obligee prevails, a responding tribunal may assess against an obligor 20 filing fees, including fees that were waived under (a) of this section, reasonable 21 attorney fees, other costs, necessary travel expenses, and other reasonable expenses 22 incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, 23 costs, or expenses against the obligee or the support enforcement agency of either the 24 initiating or the responding state except as required by other law or court rule. 25 Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, 26 who may enforce the order in the attorney's own name. Payment of support owed to 27 the obligee has priority over fees, costs, and expenses assessed under this subsection. 28 (c) The tribunal shall order the payment of costs and reasonable attorney fees, 29 including filing fees that were waived under (a) of this section, by a party who 30 requests a hearing under this chapter if it determines that the hearing was requested 31 primarily for delay. In a proceeding under AS 25.25.601 - 25.25.612, a hearing is
01 presumed to have been requested primarily for delay if a registered support order is 02 confirmed or enforced without change; however, the party who requested the hearing 03 may present evidence to rebut this presumption. 04 Sec. 25.25.314. LIMITED IMMUNITY OF PETITIONER. (a) Participation 05 by a petitioner in a proceeding before a responding tribunal, whether in person, by 06 private attorney, or through services provided by the support enforcement agency, does 07 not confer personal jurisdiction over the petitioner in another proceeding. 08 (b) A petitioner is not amenable to service of civil process while physically 09 present in this state to participate in a proceeding under this chapter. 10 (c) The immunity granted by this section does not extend to civil litigation 11 based on acts unrelated to a proceeding under this chapter committed by a party while 12 present in this state to participate in the proceeding. 13 Sec. 25.25.315. NONPARENTAGE AS DEFENSE. A party whose parentage 14 of a child has been previously determined under law may not plead nonparentage as 15 a defense to a proceeding under this chapter. 16 Sec. 25.25.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a) 17 The physical presence of the petitioner in a responding tribunal of this state is not 18 required for the establishment, enforcement, or modification of a support order or the 19 rendition of a judgment determining parentage. 20 (b) A verified complaint or comparable pleading, affidavit, document 21 substantially complying with federally mandated forms, and a document incorporated 22 by reference in any of them, not excluded under the hearsay rule if given in person, 23 is admissible in evidence if given under oath by a party or witness residing in another 24 state. 25 (c) A copy of the record of child support payments certified as a true copy of 26 the original by the custodian of the record may be forwarded to a responding tribunal. 27 The copy is evidence of facts asserted in it and is admissible to show whether 28 payments were made. 29 (d) Copies of bills for testing for parentage, and for prenatal and postnatal 30 health care of the mother and child, furnished to the adverse party at least 10 days 31 before trial or other proceeding, are admissible in evidence to prove the amount of the
01 charges billed and that the charges were reasonable, necessary, and customary. 02 (e) Documentary evidence transmitted from another state to a tribunal of this 03 state by telephone, telecopier, or other means that do not provide an original writing 04 may not be excluded from evidence on an objection based on the means of 05 transmission. 06 (f) In a proceeding under this chapter, a tribunal of this state may permit a 07 party or witness residing in another state to be deposed or to testify by telephone, 08 audiovisual means, or other electronic means at a designated tribunal or other location 09 in that state. A tribunal of this state shall cooperate with tribunals of other states in 10 designating an appropriate location for the deposition or testimony. 11 (g) If a party called to testify at a civil hearing refuses to answer on the 12 ground that the testimony may be self-incriminating, the trier of fact may draw an 13 adverse inference from the refusal. 14 (h) A privilege against disclosure of communications between spouses does not 15 apply in a proceeding under this chapter. 16 (i) The defense of immunity based on the relationship of husband and wife or 17 parent and child does not apply in a proceeding under this chapter. 18 Sec. 25.25.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal 19 of this state may communicate with a tribunal of another state in writing, or by 20 telephone or other means, to obtain information concerning the laws of that state, the 21 legal effect of a judgment, decree, or order of that tribunal, and the status of a 22 proceeding in the other state. A tribunal of this state may furnish similar information 23 by similar means to a tribunal of another state. 24 Sec. 25.25.318. ASSISTANCE WITH DISCOVERY. A tribunal of this state 25 may 26 (1) request a tribunal of another state to assist in obtaining discovery; 27 and 28 (2) upon request, compel a person over whom it has jurisdiction to 29 respond to a discovery order issued by a tribunal of another state. 30 Sec. 25.25.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. The 31 child support enforcement agency of this state shall disburse promptly any amounts
01 received under a support order, as directed by the order. The agency shall furnish to 02 a requesting party or tribunal of another state a certified statement by the custodian of 03 the record of the amounts and dates of all payments received. 04 ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER. 05 Sec. 25.25.401. COMPLAINT TO ESTABLISH SUPPORT ORDER. (a) If 06 a child support order entitled to recognition under this chapter has not been issued, a 07 responding tribunal of this state may issue a child support order if 08 (1) the individual seeking the order resides in another state; or 09 (2) the support enforcement agency seeking the order is located in 10 another state. 11 (b) The tribunal may issue a temporary child support order if 12 (1) the respondent has signed a verified statement acknowledging 13 parentage; 14 (2) the respondent has been determined under law to be the parent; or 15 (3) there is other clear and convincing evidence that the respondent is 16 the child's parent. 17 (c) If a spousal support order entitled to recognition under this chapter has not 18 been issued, a responding superior court of this state may issue a spousal support order 19 if 20 (1) the individual seeking the order resides in another state; or 21 (2) the support enforcement agency seeking the order is located in 22 another state. 23 (d) If, after providing an obligor with notice and opportunity to be heard, an 24 appropriate tribunal finds that the obligor owes a duty of support, the tribunal shall 25 issue a support order directed to the obligor and may issue other orders under 26 AS 25.25.305. 27 (e) Before issuing an order under (b) of this section, the child support 28 enforcement agency shall adopt regulations for issuing such an order. 29 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER OF 30 ANOTHER STATE WITHOUT REGISTRATION. 31 Sec. 25.25.501. RECOGNITION OF INCOME WITHHOLDING ORDER OF
01 ANOTHER STATE. (a) An income withholding order issued in another state may 02 be sent by first class mail to the person or entity defined as the obligor's employer 03 under AS 25.27 without first filing a complaint or comparable pleading or registering 04 the order with a tribunal of this state. Upon receipt of the order, the employer shall 05 (1) treat an income withholding order issued in another state that 06 appears regular on its face as if it had been issued by a tribunal of this state; 07 (2) immediately provide a copy of the order to the obligor; and 08 (3) distribute the funds as directed in the withholding order. 09 (b) An obligor may contest the validity or enforcement of an income 10 withholding order issued in another state in the same manner as if the order had been 11 issued by a tribunal of this state. AS 25.25.604 applies to the contest. The obligor 12 shall give notice of the contest to a support enforcement agency providing services to 13 the obligee and 14 (1) to the person or agency designated to receive payments in the 15 income withholding order; or 16 (2) if a person or agency is not designated, to the obligee. 17 Sec. 25.25.502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A 18 party seeking to enforce a support order or an income withholding order, or both, 19 issued by a tribunal of another state may send the documents required for registering 20 the order to the child support enforcement agency of this state. 21 (b) Upon receipt of the documents, the child support enforcement agency, 22 without initially seeking to register the order, shall consider and, if appropriate, use 23 any administrative procedure authorized by the law of this state to enforce a support 24 order or an income withholding order, or both. If the obligor does not contest 25 administrative enforcement, the order need not be registered. If the obligor contests 26 the validity or administrative enforcement of the order, the child support enforcement 27 agency shall register the order under this chapter. 28 ARTICLE 6. ENFORCEMENT AND MODIFICATION OF 29 SUPPORT ORDER AFTER REGISTRATION. 30 Sec. 25.25.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A 31 support order or an income withholding order issued by a tribunal of another state may
01 be registered in this state for enforcement. 02 Sec. 25.25.602. PROCEDURE TO REGISTER ORDER FOR 03 ENFORCEMENT. (a) A support order or income withholding order of another state 04 may be registered in this state by sending the following documents and information 05 to a tribunal of this state: 06 (1) a letter of transmittal requesting registration and enforcement; 07 (2) two copies, including one certified copy, of all orders to be 08 registered, including any modification of an order; 09 (3) a sworn statement by the party seeking registration or a certified 10 statement by the custodian of the records showing the amount of any arrearage; 11 (4) the name of the obligor and, if known, 12 (A) the obligor's address and social security number; 13 (B) the name and address of the obligor's employer and any 14 other source of income of the obligor; 15 (C) a description and the location of property in this state of the 16 obligor not exempt from execution; and 17 (D) the name and address of all potential third party resources, 18 including a health insurer, that might be available to meet the requirements of 19 a medical support order; and 20 (5) the name and address of the obligee and, if applicable, the agency 21 or person to whom support payments are to be remitted. 22 (b) On receipt of a request for registration, the registering tribunal shall file 23 the order as a foreign judgment, together with one copy of the documents and 24 information, regardless of their form. 25 (c) A complaint or comparable pleading seeking a remedy that must be 26 affirmatively sought under other law of this state may be filed at the same time as the 27 request for registration or later. The pleading must specify the grounds for the remedy 28 sought. 29 Sec. 25.25.603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) 30 A support order or income withholding order issued in another state is registered when 31 the order is filed in the registering tribunal of this state.
01 (b) A registered order issued in another state is enforceable in the same 02 manner and is subject to the same procedures as an order issued by a tribunal of this 03 state. 04 (c) Except as otherwise provided in AS 25.25.601 - 25.25.612, a tribunal of 05 this state shall recognize and enforce, but may not modify, a registered order if the 06 issuing tribunal had jurisdiction. 07 Sec. 25.25.604. CHOICE OF LAW. (a) The law of the issuing state governs 08 the nature, extent, amount, and duration of current payments and other obligations of 09 support and the payment of arrearages under the order. 10 (b) In a proceeding for arrearages, the statute of limitation under the laws of 11 this state or of the issuing state, whichever is longer, applies. 12 Sec. 25.25.605. NOTICE OF REGISTRATION OF ORDER. (a) When a 13 support order or income withholding order issued in another state is registered, the 14 registering tribunal shall notify the nonregistering party. Notice shall be given by first 15 class, certified, or registered mail or by any means of personal service authorized by 16 the law of this state. The notice must be accompanied by a copy of the registered 17 order and the documents and relevant information accompanying the order. 18 (b) The notice must inform the nonregistering party 19 (1) that a registered order is enforceable as of the date of registration 20 in the same manner as an order issued by a tribunal of this state; 21 (2) that a hearing to contest the validity or enforcement of the 22 registered order must be requested within 20 days after the date of mailing or personal 23 service of the notice; 24 (3) that failure to contest the validity or enforcement of the registered 25 order in a timely manner will result in confirmation of the order and enforcement of 26 the order and the alleged arrearages and precludes further contest of that order with 27 respect to any matter that could have been asserted; and 28 (4) of the amount of alleged arrearages. 29 (c) Upon registration of an income withholding order for enforcement, the 30 registering tribunal shall notify the obligor's employer under AS 25.27. 31 Sec. 25.25.606. PROCEDURE TO CONTEST VALIDITY OR
01 ENFORCEMENT OF REGISTERED ORDER. (a) A nonregistering party seeking 02 to contest the validity or enforcement of a registered order in this state shall request 03 a hearing within 20 days after the date of mailing or personal service of notice of the 04 registration. The nonregistering party may seek to vacate the registration, to assert a 05 defense to an allegation of noncompliance with the registered order, or to contest the 06 remedies being sought or the amount of alleged arrearages under AS 25.25.607. 07 (b) If the nonregistering party fails to contest the validity or enforcement of 08 the registered order in a timely manner, the order is confirmed by operation of law. 09 (c) If a nonregistering party requests a hearing to contest the validity or 10 enforcement of the registered order, the registering tribunal shall schedule the matter 11 for hearing and give notice to the parties by first class mail of the date, time, and place 12 of the hearing. 13 Sec. 25.25.607. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) 14 A party contesting the validity or enforcement of a registered order or seeking to 15 vacate the registration has the burden of proving one or more of the following 16 defenses: 17 (1) the issuing tribunal lacked personal jurisdiction over the contesting 18 party; 19 (2) the order was obtained by fraud; 20 (3) the order has been vacated, suspended, or modified by a later order; 21 (4) the issuing tribunal has stayed the order pending appeal; 22 (5) there is a defense under the law of this state to the remedy sought; 23 (6) full or partial payment has been made; or 24 (7) the statute of limitation under AS 25.25.604 precludes enforcement 25 of some or all of the arrearages. 26 (b) If a party presents evidence establishing a full or partial defense under (a) 27 of this section, the tribunal may stay enforcement of the registered order, continue the 28 proceeding to permit production of additional relevant evidence, and issue other 29 appropriate orders. An uncontested portion of the registered order may be enforced 30 by all remedies available under the law of this state. 31 (c) If the contesting party does not establish a defense under (a) of this section
01 to the validity or enforcement of the order, the registering tribunal shall issue an order 02 confirming the order. 03 Sec. 25.25.608. CONFIRMED ORDER. Confirmation of a registered order, 04 whether by operation of law or after notice and hearing, precludes further contest of 05 the order with respect to a matter that could have been asserted at the time of 06 registration. 07 Sec. 25.25.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF 08 ANOTHER STATE FOR MODIFICATION. If a party or the child support 09 enforcement agency seeks to modify, or to modify and enforce, a child support order 10 issued in another state but not registered in this state, the party or agency shall register 11 that order in this state in the same manner provided in AS 25.25.601 - 25.25.604. A 12 complaint for modification may be filed at the same time as a request for registration, 13 or later. The pleading must specify the grounds for modification. 14 Sec. 25.25.610. EFFECT OF REGISTRATION FOR MODIFICATION. A 15 tribunal of this state may enforce a child support order of another state registered for 16 purposes of modification in the same manner as if the order had been issued by a 17 tribunal of this state, but the registered order may be modified only if the requirements 18 of AS 25.25.611 have been met. 19 Sec. 25.25.611. MODIFICATION OF CHILD SUPPORT ORDER OF 20 ANOTHER STATE. (a) After a child support order issued in another state has been 21 registered in this state, the responding tribunal of this state may modify that order only 22 if, after notice and an opportunity for hearing, it finds that 23 (1) the following requirements are met: 24 (A) the child, the individual obligee, and the obligor do not 25 reside in the issuing state; 26 (B) a petitioner who is not a resident of this state seeks 27 modification; and 28 (C) the respondent is subject to the personal jurisdiction of the 29 tribunal of this state; or 30 (2) an individual party or the child is subject to the personal jurisdiction 31 of the tribunal and all of the individual parties have filed a written consent in the
01 issuing tribunal providing that a tribunal of this state may modify the support order and 02 assume continuing, exclusive jurisdiction over the order. 03 (b) Modification of a registered child support order is subject to the same 04 requirements, procedures, and defenses that apply to the modification of an order 05 issued by a tribunal of this state and the order may be enforced and satisfied in the 06 same manner. 07 (c) A tribunal of this state may not modify any aspect of a child support order 08 that may not be modified under the law of the issuing state. 09 (d) On issuance of an order modifying a child support order issued in another 10 state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction. 11 (e) Within 30 days after issuance of a modified child support order, the party 12 obtaining the modification shall file a certified copy of the order with the issuing 13 tribunal that had continuing, exclusive jurisdiction over the earlier order and in each 14 tribunal in which the party knows that an earlier order has been registered. 15 Sec. 25.25.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER 16 STATE. A tribunal of this state shall recognize a modification of its earlier child 17 support order by a tribunal of another state that assumed jurisdiction under a law 18 substantially similar to this chapter and, upon request, except as otherwise provided 19 in this chapter, shall 20 (1) enforce the order that was modified only as to amounts accruing 21 before the modification; 22 (2) enforce only nonmodifiable aspects of that order; 23 (3) provide other appropriate relief only for violations of that order that 24 occurred before the effective date of the modification; and 25 (4) recognize the modifying order of the other state, upon registration, 26 for the purpose of enforcement. 27 ARTICLE 7. DETERMINATION OF PARENTAGE. 28 Sec. 25.25.701. PROCEEDING TO DETERMINE PARENTAGE. (a) A 29 tribunal of this state may serve as an initiating or responding tribunal in a proceeding 30 brought under this chapter or a law substantially similar to this chapter, the former 31 provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, or the
01 Revised Uniform Reciprocal Enforcement of Support Act to determine whether the 02 petitioner is a parent of a particular child or to determine whether a respondent is a 03 parent of that child. 04 (b) In a proceeding to determine parentage, a responding tribunal of this state 05 shall apply the procedural and substantive law of this state and the rules of this state 06 on choice of law. 07 ARTICLE 8. INTERSTATE RENDITION. 08 Sec. 25.25.801. GROUNDS FOR RENDITION. (a) The governor or a 09 designee of the governor may 10 (1) demand that the governor of another state surrender an individual 11 found in the other state who is charged criminally in this state with having failed to 12 provide for the support of an obligee; or 13 (2) on the demand by the governor of another state, surrender an 14 individual found in this state who is charged criminally in the other state with having 15 failed to provide for the support of an obligee. 16 (b) A provision for extradition of individuals not inconsistent with this chapter 17 applies to the demand even if the individual whose surrender is demanded was not in 18 the demanding state when the crime was allegedly committed and has not fled from 19 that state. 20 Sec. 25.25.802. CONDITIONS OF RENDITION. (a) Before making demand 21 that the governor of another state surrender an individual charged criminally in this 22 state with having failed to provide for the support of an obligee, the governor of this 23 state or the designee of the governor may require a prosecutor of this state to 24 demonstrate that the obligee had initiated proceedings for support under this chapter 25 at least 60 days previously or that the proceeding would be of no avail. 26 (b) If, 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, the governor of 29 another state makes a demand that the governor of this state surrender an individual 30 charged criminally in that state with having failed to provide for the support of a child 31 or other individual to whom a duty of support is owed, the governor or a designee of
01 the governor may require a prosecutor to investigate the demand and report whether 02 a proceeding for support has been initiated or would be effective. If it appears that a 03 proceeding would be effective but has not been initiated, the governor or designee may 04 delay honoring the demand for a reasonable time to permit the initiation of a 05 proceeding. 06 (c) If a proceeding for support has been initiated and the individual whose 07 rendition is demanded prevails, the governor or the designee of the governor may 08 decline to honor the demand. If the petitioner prevails and the individual whose 09 rendition is demanded is subject to a support order, the governor or designee may 10 decline to honor the demand if the individual is complying with the support order. 11 ARTICLE 9. MISCELLANEOUS PROVISIONS. 12 Sec. 25.25.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. 13 This chapter shall be applied and construed to effectuate its general purpose to make 14 uniform the law with respect to the subject of this chapter among states enacting it. 15 Sec. 25.25.902. SEVERABILITY CLAUSE. Under AS 01.10.030, if a 16 provision of this chapter or its application to a person or circumstance is held invalid, 17 the invalidity does not affect other provisions or applications of this chapter that can 18 be given effect without the invalid provision or application. 19 Sec. 25.25.903. SHORT TITLE. This chapter may be cited as the Uniform 20 Interstate Family Support Act. 21 * Sec. 4. AS 25.27.020(a) is amended to read: 22 (a) The agency shall 23 (1) seek enforcement of child support orders of the superior courts of 24 the state in other jurisdictions and shall obtain, enforce, and administer the orders in 25 this state; 26 (2) adopt regulations to carry out the purposes of this chapter and 27 AS 25.25, including regulations that establish 28 (A) schedules for determining the amount an obligor is liable 29 to contribute toward the support of an obligee under this chapter and under 42 30 U.S.C. 651 - 669 (Title IV-D, Social Security Act); 31 (B) procedures for hearings conducted under AS 25.27.170; and
01 (C) subject to AS 25.27.025 and to federal law, a uniform rate 02 of interest on arrearages of support that shall be charged the obligor upon 03 notice if child support payments are 10 or more days overdue or if payment is 04 made by a check backed by insufficient funds; however, an obligor may not be 05 charged interest on late payment of a child support obligation, other than a 06 payment on arrearages, if the obligor is 07 (i) employed and income is being withheld from the 08 obligor's wages under an income withholding order; 09 (ii) receiving unemployment compensation and child 10 support obligations are being withheld from the obligor's unemployment 11 payments under AS 23.20.401; or 12 (iii) receiving compensation for disabilities under 13 AS 23.30 and child support obligations are being withheld from the 14 obligor's compensation payments; 15 (3) administer and enforce AS 25.25 (Uniform Interstate Family 16 [RECIPROCAL ENFORCEMENT OF] Support Act); 17 (4) establish, enforce, and administer child support obligations 18 administratively under this chapter; 19 (5) administer the state plan required under 42 U.S.C. 651 - 669 (Title 20 IV-D, Social Security Act) as amended; 21 (6) disburse support payments collected by the agency to the obligee, 22 together with interest charged under (2)(C) of this subsection; 23 (7) establish and enforce administratively under this chapter, or through 24 the superior courts of the state, child support orders from other jurisdictions pertaining 25 to obligors within the state; 26 (8) enforce and administer spousal support orders if a spousal support 27 obligation has been established with respect to the spouse and if the support obligation 28 established with respect to the child of that spouse is also being administered; and 29 (9) obtain a medical support order as part of a child support order if 30 health care coverage is available to the obligor at a reasonable cost; the agency shall 31 consider whether adequate health care is available to the child through the Indian
01 Health Service or other insurance coverage before it orders an obligor to provide health 02 care coverage through insurance or other means; the medical support order must meet 03 the requirements of AS 25.27.063; and 04 (10) act on behalf of the Department of Health and Social Services in 05 the enforcement of AS 47.07.025(b). 06 * Sec. 5. AS 25.25.010, 25.25.020, 25.25.030, 25.25.040, 25.25.050, 25.25.060, 25.25.070, 07 25.25.080, 25.25.090, 25.25.100, 25.25.110, 25.25.120, 25.25.130, 25.25.140, 25.25.150, 08 25.25.160, 25.25.170, 25.25.171, 25.25.173, 25.25.175, 25.25.180, 25.25.190, 25.25.200, 09 25.25.210, 25.25.220, 25.25.230, 25.25.240, 25.25.250, 25.25.252, 25.25.254, 25.25.256, 10 25.25.258, 25.25.260, and 25.25.270 are repealed. 11 * Sec. 6. AS 25.25.313(c), added by sec. 3 of this Act, has the effect of amending Alaska 12 Rules of Civil Procedure 79 and 82, by requiring the court to award costs and attorney fees 13 under certain circumstances. 14 * Sec. 7. AS 25.25.313(c), added by sec. 3 of this Act, takes effect only if AS 25.25.313(c) 15 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 16 of the State of Alaska. 17 * Sec. 8. This Act takes effect January 1, 1996.