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HB 176: "An Act providing that certain obligors can receive credit against their child support obligation for certain types of noncash child support; and providing for an effective date."

00 HOUSE BILL NO. 176 01 "An Act providing that certain obligors can receive credit against their child support 02 obligation for certain types of noncash child support; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 25.27.020(b) is amended to read: 06 (b) In determining the amount of money an obligor must pay to satisfy the 07 obligor's immediate duty of support, the agency shall consider all payments of money 08 made by the obligor directly to the obligee or to the obligee's custodian before the time 09 the obligor is ordered to make payments through the agency. After the obligor is 10 ordered to make payments through the agency, the agency may not consider direct 11 payments of money made to the obligee or the obligee's custodian unless the obligor 12 provides clear and convincing evidence of the payment. Notwithstanding the 13 definition of "support order" in AS 25.27.900, the agency shall reduce the 14 amount of money an obligor must pay to satisfy the obligor's immediate duty of

01 support by the fair market value, as determined by the agency from information 02 developed by other state agencies, of a noncash contribution made by the obligor 03 under the following circumstances: 04 (1) the obligor's child support obligation for current support is not 05 more than $50 a month; 06 (2) the obligee's custodian has agreed to allow the agency to give 07 the obligor credit for noncash support and has not withdrawn that agreement; 08 (3) the noncash contribution is for basic food, housing, or heat; the 09 agency, by regulation, may also give credit for other types of noncash 10 contributions that help to satisfy the basic material needs of the obligee; 11 (4) the noncash contribution is made directly to the obligee's 12 custodian; and 13 (5) the obligor presents clear and convincing evidence of the 14 noncash contribution and its use or consumption by the obligee or the obligee's 15 custodian. 16 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 25.27.020(b), as amended by sec. 1 of this Act, applies to 19 noncash contributions made on or after the effective date of this Act. 20 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).