HB 280: "An Act relating to the allocation of the travel expenses that are necessary to exercise visitation rights with a child when the parent with primary custody of the child changes location; and amending Rule 90.3(g), Alaska Rules of Civil Procedure."
00 HOUSE BILL NO. 280 01 "An Act relating to the allocation of the travel expenses that are necessary to exercise 02 visitation rights with a child when the parent with primary custody of the child changes 03 location; and amending Rule 90.3(g), Alaska Rules of Civil Procedure." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Rule 90.3(g), Alaska Rules of Civil Procedure, is amended to read: 06 (g) Travel Expenses. After determining an award of child support under this 07 rule, the court shall allocate reasonable travel expenses which are necessary to 08 exercise visitation between the parties as may be just and proper for them to 09 contribute. Upon request of a parent with joint legal custody of and visitation 10 rights to a child whose other parent has primary physical custody of the child, 11 the court shall consider making a new allocation of visitation travel expenses if 12 the travel expenses have increased because the primary parent has moved more 13 than 50 miles farther away from the parent with visitation rights compared to the 14 distance that previously existed between the residences of the two parents. The
01 court shall provide that the primary parent shall be responsible for 100 percent 02 of the increase in the travel expenses unless the court finds good cause for a 03 different allocation of the increase. Good cause for a different allocation of the 04 increase includes a finding that allocation of the increase entirely to the primary 05 parent would interfere with the primary parent's ability to provide basic 06 necessities for the child or other members of the parent's household. 07 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TWO-THIRDS VOTE NOT REQUIRED. Because Rule 90.3, Alaska Rules of Civil 10 Procedure, was adopted under the Alaska Supreme Court's interpretive authority exercised 11 under art. IV, sec. 1, Constitution of the State of Alaska, this Act takes effect without meeting 12 the two-thirds vote requirement normally applicable to changing court rules under art. IV, sec. 13 15, Constitution of the State of Alaska. 14 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. This Act applies to situations where the primary parent of a child 17 changes the parent's residence by more than 50 miles on or after the effective date of this Act.