CSHB 514(JUD): "An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 514(JUD) 01 "An Act relating to child support modification and enforcement, to the establishment of 02 paternity by the child support enforcement agency, and to the crimes of criminal 03 nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska 04 Rules of Civil Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.51.120(a) is amended to read: 07 (a) A person commits the crime of criminal nonsupport if, being a person 08 legally charged with the support of a child [UNDER 18 YEARS OF AGE,] the person 09 knowingly fails, without lawful excuse, to provide support for the child. 10 * Sec. 2. AS 11.51.120(c) is repealed and reenacted to read: 11 (c) Except as provided in (d) of this section, criminal nonsupport is a class A 12 misdemeanor. 13 * Sec. 3. AS 11.51.120 is amended by adding new subsections to read: 14 (d) Criminal nonsupport is a class C felony if the support the person failed to
01 provide is monetary support required by a court or administrative order from this or 02 another jurisdiction and, at the time the person failed, without lawful excuse, to 03 provide the support, 04 (1) the aggregate amount of accrued monetary child support arrearage 05 is $10,000 or more; 06 (2) no child support payment has been made for a period of 24 months 07 or more; or 08 (3) the person had been previously convicted under this section or a 09 similar provision in another jurisdiction and 10 (A) the aggregate amount of accrued monetary child support 11 arrearage is $5,000 or more; or 12 (B) no child support payment has been made for a period of six 13 months or more. 14 (e) In addition to the provisions of (c) and (d) of this section, criminal 15 nonsupport is punishable by loss or restriction of a recreational license as provided in 16 AS 12.55.139. 17 (f) In this section, 18 (1) "child" means a person 19 (A) under 18 years of age; or 20 (B) 18 years of age or older for whom a person is ordered to 21 pay support under a valid court or administrative order; 22 (2) "child support" means support for a child; 23 (3) "without lawful excuse" means having the financial ability to 24 provide support or having the capacity to acquire that ability through the exercise of 25 reasonable efforts. 26 * Sec. 4. AS 11.51 is amended by adding a new section to read: 27 Sec. 11.51.121. Aiding the nonpayment of child support in the first 28 degree. (a) A person commits the crime of aiding the nonpayment of child support in 29 the first degree if the person violates AS 11.51.122 and the person knows the obligor 30 (1) has an aggregate amount of accrued monetary child support 31 arrearage of $10,000 or more;
01 (2) has not made a child support payment for a period of 24 months or 02 more; or 03 (3) had been previously convicted under AS 11.51.120 or a similar 04 provision in another jurisdiction and 05 (A) has an aggregate amount of accrued monetary child support 06 arrearage of $5,000 or more; or 07 (B) has not made a child support payment for a period of 24 08 months or more. 09 (b) Aiding the nonpayment of child support in the first degree is a class C 10 felony. 11 (c) In addition to the penalties under (b) of this section, aiding the nonpayment 12 of child support in the first degree is punishable by loss or restriction of a recreational 13 license as provided in AS 12.55.139. 14 * Sec. 5. AS 11.51.122(a) is amended to read: 15 (a) A person commits the crime of aiding the nonpayment of child support in 16 the second degree if the person 17 (1) knows that an obligor has a duty under an administrative or judicial 18 order for periodic payment of child support or for the provision of health care 19 coverage for a child under a medical support order; and 20 (2) intentionally and unreasonably 21 (A) withholds information about the residence or employment 22 of the obligor when that information is requested by a child support 23 enforcement agency; 24 (B) being an employer of the obligor, withholds information 25 about the eligibility of the obligor's children for coverage under the employer's 26 health insurance plan or about the cost of the coverage of the children under 27 the plan when that information is requested by a child support enforcement 28 agency; or 29 (C) participates in a commercial, business, or employment 30 arrangement with the obligor, knowing at the time that the arrangement is 31 made that it will allow the obligor to avoid paying all or some of the support
01 when it is due or to avoid having a lien placed on assets for the payment of 02 delinquent support; receipt of a substantial asset for less than fair market value 03 from an obligor after the obligor's support order has been established 04 constitutes a rebuttable presumption that the person receiving the asset knew 05 that the transfer would allow the obligor to avoid paying all or some of the 06 support or to avoid having a lien placed on the asset. 07 * Sec. 6. AS 11.51.122(d) is amended to read: 08 (d) Aiding the nonpayment of child support in the second degree is a class A 09 misdemeanor. 10 * Sec. 7. AS 11.51.122 is amended by adding new subsections to read: 11 (e) In addition to the penalties under (d) of this section, aiding the nonpayment 12 of child support in the second degree is punishable by loss or restriction of a 13 recreational license as provided in AS 12.55.139. 14 (f) In this section, "child" and "child support" have the meaning given in 15 AS 11.51.120. 16 * Sec. 8. AS 12.55.139 is amended to read: 17 Sec. 12.55.139. Penalties for criminal nonsupport. In addition to other 18 penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the 19 court may suspend, restrict, or revoke, for the period during which the arrearage 20 continues to exist [FOR A PERIOD NOT TO EXCEED SIX MONTHS], a 21 recreational license as defined in AS 09.50.020(c), if the defendant is a natural person. 22 * Sec. 9. AS 12.55.139 is amended by adding a new subsection to read: 23 (b) In addition to other penalties imposed for the offense of aiding the 24 nonpayment of child support in the first degree under AS 11.51.121 and for the 25 offense of aiding the nonpayment of child support in the second degree under 26 AS 11.51.122, the court may suspend, restrict, or revoke, for a period not to exceed 27 one year, a recreational license as defined in AS 09.50.020(c), if the defendant is a 28 natural person. 29 * Sec. 10. AS 22.10.020 is amended by adding a new subsection to read: 30 (j) The superior court, in an action for divorce, separation, or child support, 31 may issue orders to aid in the enforcement of child support, including orders requiring
01 an individual who owes support under an order of support to 02 (1) make payments according to an approved payment plan; 03 (2) participate in appropriate work activities if the individual is not 04 incapacitated; or 05 (3) complete and submit an application for a permanent fund dividend 06 under AS 43.23.015 or provide proof to the agency or the court that the individual is 07 not eligible for a dividend in a given year. 08 * Sec. 11. AS 25.27.020(d) is amended to read: 09 (d) The agency may issue an administrative order or request a court order that 10 requires an individual in arrears under an order of support for a child who is receiving 11 assistance under AS 47.07, or under AS 47.25.310 - 47.25.420 or a successor program, 12 or for a child whose parent, guardian, or designee of the parent or guardian has 13 applied for aid from the agency under AS 25.27.100, to make payments according 14 to an approved payment plan or, if the individual is not incapacitated, to participate in 15 appropriate work activities. 16 * Sec. 12. AS 25.27.020 is amended by adding new subsections to read: 17 (f) The agency may employ investigators who may exercise the power of 18 peace officers when those powers are specifically granted by the agency to that 19 investigator. Peace officer powers granted by the agency under this subsection may be 20 exercised for protection in the line of duty. An investigator granted and who is 21 exercising peace officer powers under this subsection may carry a firearm only if the 22 investigator 23 (1) has completed a peace officer training academy program; and 24 (2) has met annual firearm certification requirements that are 25 equivalent to those required by the Department of Public Safety. 26 (g) The agency may forgive all or part of an arrearage owed to the state under 27 AS 25.27.120 as provided under this subsection and under (i) of this section. The 28 agency shall adopt regulations establishing procedures and standards for the 29 forgiveness of all or part of an arrearage providing, at a minimum, that the forgiveness 30 is based on satisfactory proof that the obligor 31 (1) has or obtains employment for which income withholding can be
01 initiated under AS 25.27.250 within 60 days after the date the agency approves the 02 obligor for forgiveness; 03 (2) has enrolled in an employment training program approved by the 04 agency, has completed the training program on a date set by the agency, and has or 05 obtains employment for which income withholding can be initiated under 06 AS 25.27.250 within 30 days after completion of the employment training program; or 07 (3) enters into an agreement with the agency providing for alternative 08 payment procedures if the agency determines that there are unusual circumstances 09 justifying a waiver of income withholding and the terms of the agreement with the 10 agency are met under (h) of this section. 11 (h) An agreement providing for alternative payment procedures under (g)(3) 12 of this section must require minimum monthly payments. If an obligor fails to pay the 13 minimum monthly payment required by the agency for more than two months in a 14 calendar year without approval of the agency for good cause shown, the obligor is no 15 longer eligible for forgiveness under (g) of this section and the agency shall take all 16 necessary steps to enforce the original obligation. 17 (i) During each year in which an obligor complies with the requirements for 18 forgiveness of an arrearage under (g) of this section and any regulations adopted by 19 the agency, the agency may forgive 20 percent of the total arrearage owed to the state 20 under AS 25.27.120, including any interest owed on that part of the debt. For 21 purposes of determining the amount of the forgiveness under this section, the 22 arrearage amount is calculated as of the date the obligor is approved for participation 23 in the forgiveness program. 24 * Sec. 13. AS 25.27.040(b) is amended to read: 25 (b) The agency may not attempt to establish paternity in any case 26 (1) involving incest or forcible rape, unless the mother of the child, 27 or the mother's parent or legal guardian if the mother is a minor or incompetent, 28 requests the establishment of paternity; in this paragraph, "forcible rape" means 29 sexual assault in the first degree under AS 11.41.410 or a conviction under a law 30 or ordinance from another jurisdiction with similar elements; "forcible rape" 31 includes adjudications of delinquency for acts with elements similar to
01 AS 11.41.410; 02 (2) when legal proceedings for adoption are pending; [,] or 03 (3) when it would not be in the best interests of the children or the 04 state. 05 * Sec. 14. AS 25.27.080(b) is amended to read: 06 (b) The agency on behalf of the custodian or the state shall take all necessary 07 action permitted by law to enforce child support orders [SO ENTERED], including 08 petitioning the court for orders to aid in the enforcement of child support. 09 * Sec. 15. AS 25.27.190(e) is amended to read: 10 (e) Modification or termination of future periodic support payments may be 11 ordered upon a showing of good cause and material change in circumstances. The 12 adoption or enactment of guidelines or a significant amendment to guidelines for 13 determining child support is a material change in circumstances, if the guidelines are 14 relevant to the petition. As necessary to comply with 42 U.S.C. 666, a periodic 15 modification of child support may be made without a showing of a material 16 change in circumstances if the child support order being modified on the periodic 17 basis has not been modified or adjusted during the three years preceding the 18 periodic modification. 19 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 INDIRECT COURT RULE AMENDMENT. Section 15 of this Act has the effect of 22 changing Rule 90.3, Alaska Rules of Civil Procedure, by changing the grounds for modifying 23 a support order. 24 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TWO-THIRDS VOTE NOT REQUIRED. Because Rule 90.3, Alaska Rules of Civil 27 Procedure, was adopted under the Alaska Supreme Court's interpretive authority exercised 28 under art. IV, sec. 1, Constitution of the State of Alaska, sec. 15 of this Act takes effect for 29 purposes of Rule 90.3, Alaska Rules of Civil Procedure, without needing to meet the two- 30 thirds vote requirement normally applicable to changing court rules under art. IV, sec. 15, 31 Constitution of the State of Alaska.
01 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) The provisions of AS 11.51.120(d)(1) and (d)(3)(A), enacted 04 by sec. 3 of this Act, and the provisions of AS 11.51.121(a)(1) and (a)(3)(A), enacted by sec. 05 4 of this Act, apply to monetary arrearages that have accrued before the effective date of this 06 Act, but only if the person fails to provide monetary support in violation of AS 11.51.120, as 07 amended by secs. 1, 2, and 3 of this Act, on or after the effective date of this Act or the person 08 aids in the nonpayment of child support in the first degree under AS 11.51.121, as enacted by 09 sec. 4 of this Act, on or after the effective date of this Act, as applicable. 10 (b) The provisions of AS 11.51.120(d)(2) and (d)(3)(B), enacted by sec. 3 of this Act, 11 and the provisions of AS 11.51.121(a)(2) and (a)(3)(B), enacted by sec. 4 of this Act, apply to 12 nonpayment of child support in violation of AS 11.51.120, as amended by secs. 1, 2, and 3 of 13 this Act, on or after the effective date of this Act or to aiding the nonpayment of child support 14 in the first degree under AS 11.51.121, as enacted by sec. 4 of this Act, on or after the 15 effective date of this Act, as applicable. 16 * Sec. 19. This Act takes effect July 1, 2004.