HB 344: "An Act relating to child support awards; repealing Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date."
00 HOUSE BILL NO. 344 01 "An Act relating to child support awards; repealing Rule 90.3, Alaska Rules of Civil 02 Procedure; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25 is amended by adding a new chapter to read: 05 Chapter 28. Child Support Awards. 06 Sec. 25.28.010. Guidelines; primary physical custody. (a) A tribunal shall 07 calculate a child support award in a case in which one parent is awarded primary 08 physical custody as an amount equal to the presumptive support obligation calculated 09 under (d) of this section multiplied by the noncustodial parent's proportionate income 10 share of combined monthly net income. 11 (b) To calculate the basic support obligation, the tribunal shall add together 12 the monthly net income of both parents and determine the basic support obligation 13 from the economic table as follows: 14 ECONOMIC TABLE
01 MONTHLY BASIC SUPPORT OBLIGATION 02 FOR EACH CHILD 03 KEY: A = AGE 0-11 B = AGE 12-18 04 COMBINED 05 MONTHLY ONE TWO 06 NET CHILD CHILDREN 07 INCOME FAMILY FAMILY 08 A B A B 09 For income less than $1,000, the obligation is based on the resources 10 and living expenses of each household 11 1,000 220 272 171 211 12 1,100 242 299 188 232 13 1,200 264 326 205 253 14 1,300 285 352 221 274 15 1,400 307 379 238 294 16 1,500 327 404 254 313 17 1,600 347 428 269 333 18 1,700 367 453 285 352 19 1,800 387 478 300 371 20 1,900 407 503 316 390 21 2,000 427 527 331 409 22 2,100 447 552 347 429 23 2,200 467 577 362 448 24 2,300 487 601 378 467 25 2,400 506 626 393 486 26 2,500 526 650 408 505 27 2,600 534 661 416 513 28 2,700 542 670 421 520 29 2,800 549 679 427 527 30 2,900 556 686 431 533 31 3,000 561 693 436 538
01 3,100 566 699 439 543 02 3,200 569 704 442 546 03 3,300 573 708 445 549 04 3,400 574 710 446 551 05 3,500 575 711 447 552 06 3,600 577 712 448 553 07 3,700 578 713 449 554 08 3,800 581 719 452 558 09 3,900 596 736 463 572 10 4,000 609 753 473 584 11 4,100 623 770 484 598 12 4,200 638 788 495 611 13 4,300 651 805 506 625 14 4,400 664 821 516 637 15 4,500 677 836 525 649 16 4,600 689 851 535 661 17 4,700 701 866 545 673 18 4,800 713 882 554 685 19 4,900 726 897 564 697 20 5,000 738 912 574 708 21 5,100 751 928 584 720 22 5,200 763 943 593 732 23 5,300 776 959 602 744 24 5,400 788 974 612 756 25 5,500 800 989 622 768 26 5,600 812 1,004 632 779 27 5,700 825 1,019 641 791 28 5,800 837 1,035 650 803 29 5,900 850 1,050 660 815 30 6,000 862 1,065 670 827 31 6,100 875 1,081 680 839
01 6,200 887 1,096 689 851 02 6,300 899 1,112 699 863 03 6,400 911 1,127 709 875 04 6,500 924 1,142 718 887 05 6,600 936 1,157 728 899 06 6,700 949 1,172 737 911 07 6,800 961 1,188 747 923 08 6,900 974 1,203 757 935 09 7,000 986 1,218 767 946 10 7,100 998 1,233 776 958 11 7,200 1,009 1,248 785 971 12 7,300 1,021 1,262 794 982 13 7,400 1,033 1,276 803 993 14 7,500 1,044 1,290 812 1,004 15 7,600 1,055 1,305 821 1,015 16 7,700 1,067 1,319 830 1,026 17 7,800 1,078 1,333 839 1,037 18 7,900 1,089 1,346 848 1,048 19 8,000 1,100 1,360 857 1,059 20 8,100 1,112 1,374 865 1,069 21 8,200 1,123 1,387 874 1,080 22 8,300 1,134 1,401 882 1,091 23 8,400 1,144 1,414 891 1,101 24 8,500 1,155 1,428 899 1,112 25 8,600 1,166 1,441 908 1,122 26 8,700 1,177 1,454 916 1,133 27 8,800 1,187 1,467 925 1,143 28 8,900 1,198 1,481 933 1,153 29 9,000 1,208 1,493 941 1,163 30 9,100 1,219 1,506 949 1,173 31 9,200 1,229 1,519 957 1,183
01 9,300 1,239 1,532 966 1,193 02 9,400 1,250 1,545 974 1,203 03 9,500 1,260 1,557 982 1,213 04 9,600 1,270 1,570 989 1,223 05 9,700 1,280 1,582 997 1,233 06 9,800 1,290 1,594 1,005 1,242 07 9,900 1,300 1,606 1,013 1,252 08 10,000 1,310 1,619 1,021 1,262 09 10,100 1,319 1,631 1,028 1,271 10 10,200 1,329 1,643 1,036 1,281 11 10,300 1,339 1,655 1,044 1,290 12 10,400 1,348 1,666 1,051 1,299 13 10,500 1,358 1,678 1,059 1,308 14 10,600 1,367 1,690 1,066 1,318 15 10,700 1,377 1,701 1,073 1,327 16 10,800 1,386 1,713 1,081 1,336 17 10,900 1,395 1,724 1,088 1,345 18 11,000 1,404 1,736 1,095 1,354 19 11,100 1,413 1,747 1,102 1,363 20 11,200 1,422 1,758 1,110 1,371 21 11,300 1,431 1,769 1,117 1,380 22 11,400 1,440 1,780 1,124 1,389 23 11,500 1,449 1,791 1,131 1,398 24 11,600 1,458 1,802 1,138 1,406 25 11,700 1,467 1,813 1,145 1,415 26 11,800 1,475 1,823 1,151 1,423 27 11,900 1,484 1,834 1,158 1,431 28 12,000 1,492 1,844 1,165 1,440 29 COMBINED 30 MONTHLY THREE FOUR FIVE 31 NET CHILDREN CHILDREN CHILDREN
01 INCOME FAMILY FAMILY FAMILY 02 A B A B A B 03 For income less than $1,000, the obligation is based on the resources 04 and living expenses of each household 05 1,000 143 177 121 149 105 130 06 1,100 157 194 133 164 116 143 07 1,200 171 211 144 179 126 156 08 1,300 185 228 156 193 136 168 09 1,400 199 246 168 208 147 181 10 1,500 212 262 179 221 156 193 11 1,600 225 278 190 235 166 205 12 1,700 238 294 201 248 175 217 13 1,800 251 310 212 262 185 228 14 1,900 264 326 223 275 194 240 15 2,000 277 342 234 289 204 252 16 2,100 289 358 245 303 213 264 17 2,200 302 374 256 316 223 276 18 2,300 315 390 267 330 233 288 19 2,400 328 406 278 343 242 299 20 2,500 341 421 288 356 251 311 21 2,600 346 428 293 362 256 316 22 2,700 351 435 298 368 259 321 23 2,800 356 440 301 372 262 324 24 2,900 360 445 305 376 266 328 25 3,000 364 449 308 380 268 331 26 3,100 367 453 310 383 270 334 27 3,200 369 457 312 386 272 336 28 3,300 371 459 314 388 273 339 29 3,400 372 460 315 389 274 340 30 3,500 373 461 316 390 275 341 31 3,600 374 462 317 391 276 342
01 3,700 375 463 318 392 277 343 02 3,800 377 466 319 394 278 344 03 3,900 386 477 326 404 284 352 04 4,000 395 488 334 413 291 360 05 4,100 404 500 341 422 298 368 06 4,200 413 511 350 431 305 377 07 4,300 422 522 357 441 311 385 08 4,400 431 532 364 449 317 392 09 4,500 438 542 371 458 323 400 10 4,600 446 552 377 467 329 407 11 4,700 455 562 384 475 335 414 12 4,800 463 572 391 483 341 422 13 4,900 470 581 398 491 347 429 14 5,000 479 592 404 500 353 437 15 5,100 487 602 411 509 359 443 16 5,200 494 611 418 517 365 451 17 5,300 503 621 425 525 371 458 18 5,400 511 632 432 533 377 466 19 5,500 518 641 439 542 383 473 20 5,600 527 651 446 551 389 480 21 5,700 535 661 452 559 395 488 22 5,800 543 671 459 567 401 495 23 5,900 551 681 466 575 407 502 24 6,000 559 691 473 584 413 509 25 6,100 567 701 479 593 418 517 26 6,200 575 710 486 601 424 524 27 6,300 583 721 493 609 430 532 28 6,400 591 731 500 617 436 539 29 6,500 599 740 506 626 442 546 30 6,600 607 750 513 635 448 554 31 6,700 615 761 520 643 454 561
01 6,800 623 770 527 651 460 568 02 6,900 631 780 533 659 466 575 03 7,000 639 790 540 668 472 583 04 7,100 647 800 547 677 478 591 05 7,200 654 809 554 684 484 598 06 7,300 662 818 560 693 490 605 07 7,400 670 828 567 701 496 613 08 7,500 677 837 574 709 502 620 09 7,600 685 846 581 718 507 627 10 7,700 692 855 587 726 513 634 11 7,800 700 865 594 734 519 642 12 7,900 707 874 601 742 525 649 13 8,000 714 883 607 750 531 656 14 8,100 722 892 614 759 536 663 15 8,200 729 901 620 767 542 670 16 8,300 736 910 627 775 548 677 17 8,400 743 919 633 783 553 684 18 8,500 750 928 640 791 559 691 19 8,600 758 936 646 799 565 698 20 8,700 765 945 653 807 570 705 21 8,800 772 954 659 815 576 712 22 8,900 779 962 665 822 582 719 23 9,000 786 971 672 830 587 726 24 9,100 792 980 678 838 593 732 25 9,200 799 988 684 846 598 739 26 9,300 806 996 691 854 604 746 27 9,400 813 1,005 697 861 609 753 28 9,500 820 1,013 703 869 614 759 29 9,600 826 1,021 709 877 620 766 30 9,700 833 1,030 716 884 625 773 31 9,800 840 1,038 722 892 631 779
01 9,900 846 1,046 728 900 636 786 02 10,000 853 1,054 734 907 641 793 03 10,100 859 1,062 740 915 647 799 04 10,200 866 1,070 746 922 652 806 05 10,300 872 1,078 752 930 657 812 06 10,400 879 1,086 758 937 662 819 07 10,500 885 1,094 764 944 668 825 08 10,600 891 1,102 770 952 673 832 09 10,700 898 1,109 776 959 678 838 10 10,800 904 1,117 782 966 683 844 11 10,900 910 1,125 788 974 688 851 12 11,000 916 1,132 794 981 693 857 13 11,100 922 1,140 799 988 698 863 14 11,200 928 1,147 805 995 703 869 15 11,300 934 1,155 811 1,002 708 876 16 11,400 940 1,162 817 1,009 714 882 17 11,500 946 1,170 822 1,017 719 888 18 11,600 952 1,177 828 1,024 723 894 19 11,700 958 1,184 834 1,031 728 900 20 11,800 964 1,191 839 1,038 733 906 21 11,900 970 1,199 845 1,045 738 912 22 12,000 975 1,206 851 1,051 743 919. 23 (c) The economic table in (b) of this section is presumptive for up to five 24 children and for combined monthly net incomes up to and including $12,000. When 25 support is awarded for more than five children in the physical custody of one parent, 26 the tribunal shall add the column for five children to the column equal to the additional 27 children over five. When combined monthly net income exceeds $12,000, on written 28 findings of fact, the tribunal may exceed the presumptive amount of support set for 29 combined monthly net incomes of $12,000. 30 (d) The tribunal shall calculate a presumptive support obligation by adding 31 average monthly expenditures for child health care expenses allowable under
01 AS 25.28.040 to the basic support obligation in (b) of this section. 02 (e) The tribunal may allow the obligor parent to reduce child support 03 payments by up to 75 percent for a period in which the obligor parent has extended 04 visitation of more than 27 consecutive days. The order must specify the amount of the 05 reduction that is allowable if the extended visitation is exercised. 06 (f) The tribunal may calculate child support based on a determination of the 07 potential income of a parent who voluntarily and unreasonably is unemployed or 08 underemployed. A determination of potential income may not be made for a parent 09 who is physically or mentally incapacitated or who is caring for a child under two 10 years of age to whom the parents owe a joint legal responsibility. Potential income 11 shall be based on the parent's work history, qualifications, and job opportunities. The 12 tribunal may also consider potential income from assets that are not producing income 13 or are producing low income. 14 (g) In this section, "monthly net income" means one-twelfth of the parent's 15 total annual income from all sources less 16 (1) mandatory deductions, including 17 (A) federal, state, and local income tax; 18 (B) social security tax or the equivalent contribution to an 19 alternate plan established by a public employer, and self-employment tax; 20 (C) Medicare tax; 21 (D) mandatory union dues; 22 (E) mandatory contributions to a retirement or pension plan; 23 (2) voluntary contributions to a retirement or pension plan or account 24 in which the earnings are tax-free or tax-deferred, except that the total amount of these 25 voluntary contributions plus any mandatory contributions under (1)(E) of this 26 subsection may not exceed 7.5 percent of the parent's gross wages and self- 27 employment income; 28 (3) child support and alimony payments arising from previous 29 relationships that are required by another tribunal and actually paid; 30 (4) child support for children from prior relationships living with the 31 parent, calculated by using the formula under this chapter; and
01 (5) work-related child care expenses for the child who is the subject of 02 the child support order. 03 Sec. 25.28.020. Child support guidelines for shared, divided, and hybrid 04 custody awards. (a) The tribunal shall calculate shared, divided, and hybrid physical 05 custody awards as provided in this section. 06 (b) The tribunal shall calculate a child support award in a case in which the 07 parents are awarded shared physical custody by 08 (1) calculating the annual amount each parent would pay to the other 09 parent under AS 25.28.010 assuming the other parent had primary custody; in this 10 calculation, the income limit in AS 25.28.030(c) and the minimum support amount in 11 AS 25.28.030(d) apply; 12 (2) multiplying the amount determined under (1) of this subsection for 13 each parent by the percentage of time the other parent has physical custody of the 14 child; however, if the tribunal finds that the percentage of time each parent will have 15 physical custody does not accurately reflect the ratio of funds each parent will directly 16 spend on supporting the child, the tribunal shall vary this percentage to reflect its 17 findings; 18 (3) determining which parent has the greater amount under (2) of this 19 subsection; the parent with the greater amount under (2) of this subsection is the 20 obligor parent, and the annual award is equal to the difference between the two 21 amounts under (2) of this subsection; however, if the amount is greater than the 22 amount of support calculated under AS 25.28.010 assuming the obligor parent has 23 primary custody, the annual support is the amount calculated under AS 25.28.010. 24 (c) The child support award for shared custody under (b) of this section must 25 be paid in 12 equal monthly installments, except that if 26 (1) shared custody is based on the obligor parent's having physical 27 custody for periods of 30 consecutive days or more, the total annual award may be 28 paid in equal installments over those months in which the obligor parent does not have 29 physical custody; or 30 (2) the obligor parent's income is seasonal, the tribunal may order 31 unequal monthly support payments as provided in AS 25.28.030(e) and (f).
01 (d) The child support order must state that failure to exercise sufficient 02 physical custody to qualify for shared physical custody under (b) or (c) of this section 03 is grounds for modification of the child support order. Denial of visitation by the 04 custodial parent is not cause to increase a child support award. 05 (e) The tribunal shall 06 (1) calculate a child support award in a case in which the parents are 07 awarded divided custody by determining the amount each parent would pay to the 08 other parent for support of a child for whom that parent has primary physical custody 09 under AS 25.28.010, taking into account the income limit in AS 25.28.030(c) and the 10 minimum support amount in AS 25.28.030(d), and offsetting those amounts; and 11 (2) consider whether the amount determined under (1) of this 12 subsection should be varied under AS 25.28.030(b). 13 (f) The tribunal shall 14 (1) calculate a child support award in a case in which the parents are 15 awarded hybrid custody by 16 (A) applying AS 25.28.010, taking into account the income 17 limit in AS 25.28.030(c) and the minimum support amount in 18 AS 25.28.030(d), to determine support for a child in the primary physical 19 custody of each parent; 20 (B) applying (b) of this section to determine support for a child 21 in the shared physical custody of the parents; 22 (C) adjusting pro rata the percentages provided in 23 AS 25.28.010(b) based on the number of children to which each type of 24 custody applies; and 25 (D) combining the amounts to determine the net obligation; and 26 (2) consider whether the amount determined under (1) of this 27 subsection should be varied under AS 25.28.030(b). 28 Sec. 25.28.030. Exceptions to support awards. (a) Notwithstanding the 29 requirements in AS 25.28.010 and 25.28.020, the tribunal may vary the award for the 30 reasons stated in this section. 31 (b) The tribunal may vary the child support award as calculated under the
01 other provisions of this chapter for good cause on proof by a preponderance of the 02 evidence that manifest injustice would result if the support award were not varied. The 03 tribunal shall specify in writing the reason for the variation, the amount of support that 04 would have been required but for the variation, and the estimated value of any 05 property conveyed instead of support calculated under the other provisions of this 06 chapter. Good cause may include a finding that unusual circumstances exist that 07 require variation of the award in order to award an amount of support that is just and 08 proper for the parties to contribute toward the nurture and education of their children. 09 The tribunal shall consider the custodial parent's income in this determination. 10 (c) The calculation for primary physical custody under AS 25.28.010 does not 11 apply to the extent that the supporting parent has an annual net income of more than 12 $105,000. The tribunal may make an additional award only if it is just and proper, 13 taking into account the needs of the child, the standard of living of the child, and the 14 extent to which that standard should reflect the supporting parent's ability to pay. 15 (d) Except as provided in AS 25.28.010(d) and 25.28.020, the minimum child 16 support amount that may be ordered is $75 a month or $900 a year for one child and, 17 for each additional child, $50 a month. 18 (e) If the noncustodial parent's income is seasonal, the tribunal may order that 19 the annual support amount be paid in unequal monthly payments, with higher 20 payments during the months the parent expects to receive higher income and lower 21 payments in other months; the tribunal may not make an unequal payment order unless 22 (1) the tribunal finds that the burden of budgeting for periods of 23 unequal income should be placed on the obligee rather than the obligor; and 24 (2) the obligee agrees. 25 (f) An order of the tribunal for unequal payments under (e) of this section 26 must specify the annual support amount, the average monthly support amount, and the 27 amount due for each month. The order must provide that variations from the average 28 monthly amount begin with monthly payments in excess of the average monthly 29 amount so that a deficit situation cannot occur. Until the excess payments begin, the 30 tribunal shall order payment of the average monthly amount. 31 Sec. 25.28.040. Health care expenses. (a) The tribunal shall include in the
01 order coverage of the child's health care needs and require health insurance for the 02 child if insurance is available to either parent or both parents at a reasonable cost. The 03 tribunal shall consider whether the child is eligible for services through the Indian 04 Health Service, any other entity, or other insurance coverage before ordering either 05 parent or both parents to provide health care coverage through insurance, cash medical 06 support, or other means. A court shall find that health insurance is available only if the 07 dependent child has reasonable geographic access to the covered services or the 08 insurance includes the coverage of transportation needed for the services. 09 (b) The tribunal shall allocate equally the cost of insurance between the 10 parents unless the tribunal orders otherwise for good cause. An obligor's child support 11 obligation shall be decreased by the amount of the obligee's portion of health 12 insurance payments ordered by the tribunal and actually paid by the obligor. The 13 tribunal shall increase a child support award by the obligor's portion of health 14 insurance if the obligee is ordered to, and actually does, obtain and pay for insurance. 15 (c) The cost of insurance is the cost attributable to the child for whom support 16 is paid. If the cost to the employee of covering the employee alone is the same as the 17 cost to the employee of covering the employee and dependents, then there is no 18 additional cost to the employee for adding the child and no portion of the cost of 19 coverage may be allocated to the child. If dependent coverage can be added for a 20 single cost, rather than for each dependent, and the dependent coverage covers 21 dependents in addition to the child subject to the order, the cost of the dependent 22 coverage shall be allocated equally among the dependents covered. If there is reason 23 to believe that there is an incremental cost to the employee for insuring dependents but 24 evidence of that incremental cost is unavailable, the cost of insurance is determined by 25 dividing the total cost of coverage by the number of family members covered and 26 multiplying that amount by the number of children subject to the order. 27 (d) The tribunal shall allocate equally between the parties the cost of 28 reasonable health care expenses not covered by insurance unless the tribunal orders 29 otherwise for good cause. A party shall reimburse the other party for the party's share 30 of the uncovered health care expenses within 30 days after receipt of the bill for the 31 health care, payment verification, and, if applicable, a health insurance statement
01 indicating what portion of the cost is uncovered. The tribunal shall allocate the 02 reasonable, uncovered health care expenses exceeding $5,000 in a calendar year based 03 on the parties' relative financial circumstances when the expenses occur. 04 (e) For the purpose of establishing a monthly support obligation for monthly 05 health care expenses, a tribunal shall apply a rebuttable presumption that the cost of 06 health insurance is reasonable under this section if the cost of purchasing health 07 insurance does not exceed five percent of the responsible parent's net income. 08 (f) In this section, 09 (1) "cash medical support" means an amount ordered to be paid toward 10 the cost of health insurance provided by a public entity or by another parent through 11 employment or otherwise, or for other health care expenses not covered by insurance; 12 (2) "health care expenses" includes medical, dental, vision, and mental 13 health counseling expenses. 14 Sec. 25.28.050. Child support affidavit and documentation. (a) Subject to 15 the confidentiality requirements of Rule 90.1(f), Alaska Rules of Civil Procedure, each 16 parent in a proceeding of a tribunal at which child support is involved shall file a 17 statement under oath, accompanied by documentation verifying the statement, that 18 states the parent's monthly net income and the components of monthly net income as 19 defined in AS 25.28.010. This statement and documentation must be filed with a 20 party's initial pleading in superior court, including the dissolution petition, divorce 21 complaint or answer, motion to modify, and any response to a motion to modify. The 22 documents must be redacted to delete social security numbers and to provide only 23 partial financial account information as provided in Rule 90.1(f), Alaska Rules of 24 Civil Procedure. The statement must state whether the parent has access to health 25 insurance for the children and, if so, the additional cost to the parent of the children's 26 health insurance. 27 (b) While there is an ongoing monthly support obligation, each party shall 28 provide to the other party, within 30 days after a written request, documents such as 29 tax returns and pay stubs showing the party's income for the prior calendar year. The 30 party making the request shall provide documentation of the party's annual income for 31 the same period at the time the request is made. A request under this section may not
01 be made more than once a year. This section does not preclude discovery under the 02 Alaska Rules of Civil Procedure. 03 (c) Unless the information has already been provided to the tribunal under 04 Rule 90.1(f), Alaska Rules of Civil Procedure, a statement under (a) of this section 05 must be accompanied by a confidential information sheet as described in Rule 90.1, 06 Alaska Rules of Civil Procedure. Once a complete confidential information sheet has 07 been submitted to the tribunal listing names, dates of birth, and social security 08 numbers as required, the parties shall omit or redact social security numbers from 09 documents subsequently filed in the action unless otherwise ordered by the tribunal. 10 (d) The tribunal may withhold or assess costs or attorney fees for a violation 11 of this section as the circumstances and discouragement of like conduct in the future 12 may require. Costs and attorney fees may be imposed on offending attorneys or 13 parties. 14 Sec. 25.28.060. Travel expenses. After determining an award of child support 15 under this chapter, the court shall allocate between the parties reasonable travel 16 expenses that are necessary to exercise visitation as may be just and proper for the 17 parties to contribute. 18 Sec. 25.28.070. Modification; defense against arrearages. (a) A tribunal may 19 modify a final child support award on a showing of a material change of 20 circumstances as provided by state law. A material change of circumstances shall be 21 presumed if support as calculated under this chapter is more than 15 percent greater or 22 less than the outstanding support order. An award may be modified to require cash 23 medical support regardless of whether insurance is available to either parent if neither 24 parent has purchased health insurance. In this subsection, "support" includes health 25 insurance payments or cash medical support made under AS 25.28.040. 26 (b) A tribunal may not modify a child support arrearage retroactively, except 27 as authorized by AS 25.27.166(d). A modification that is effective on or after the date 28 that a motion for modification, or a notice of petition for modification by the child 29 support services agency, is served on the opposing party is not considered a retroactive 30 modification. 31 (c) The tribunal may find that a parent and a parent's assignee are precluded
01 from collecting arrearages for support of a child that accumulated during a time period 02 exceeding two months for which the parent agreed or acquiesced to the obligor 03 exercising primary custody of the child. A finding that preclusion is a defense must be 04 based on clear and convincing evidence. 05 Sec. 25.28.080. Third-party custody. (a) When the state, or another third 06 party entitled to child support, has custody of all children of a parent, the parent's 07 support obligation to the third party is an amount equal to the parent's prorated 08 presumptive support obligation specified in AS 25.28.010(d). If the third party has 09 custody of some but not all children, the parent's support obligation to the third party 10 is an amount equal to the parent's prorated presumptive support obligation specified in 11 AS 25.28.010(d) for the total number of the parent's children in third-party custody 12 and divided by the total number of the parent's children. In this subsection, the number 13 of the parent's children includes only children of the parent who live with the parent, 14 are substantially supported by the parent, or are in custody of the third party entitled to 15 support. 16 (b) If, in addition to a support obligation to a third party, one or both parents 17 retain primary or shared physical custody of at least one of their children, the support 18 obligation between the parents is calculated under the other provisions of this chapter, 19 without consideration of the third-party custodian or any children in the custody of the 20 third-party custodian, except that the parent's prorated presumptive support obligation 21 under AS 25.28.010(d) must be adjusted pro rata for the number of children in the 22 primary custody of a parent, or shared custody of the parents, compared to the total 23 number of children. After that calculation is completed, any support owed may be 24 offset with support owed to a third-party custodian under (a) of this section in order to 25 minimize transactions. 26 Sec. 25.28.090. Dependent tax deduction. The court may allocate the 27 dependent tax deduction for each child between the parties as is just and proper and in 28 the child's best interests. The allocation must be consistent with AS 25.24.152 and 29 federal law. 30 Sec. 25.28.095. Review of guidelines. The child support services agency 31 established in AS 25.27.010 shall notify the legislative committees with jurisdiction
01 over matters involving child support awards of the need for a compliance review of 02 the guidelines established in this chapter every four years as provided in federal law. 03 The compliance review must include a determination of whether the application of the 04 guidelines consistently results in a determination of appropriate child support awards 05 in the state. 06 Sec. 25.28.300. Definitions. In this chapter, 07 (1) "child support" and "child support obligation" have the meaning 08 given "duty of support" in AS 25.27.900; 09 (2) "divided custody" means that one parent has primary physical 10 custody of one or more children of the relationship and the other parent has primary 11 custody of one or more other children of the relationship, and the parents do not share 12 physical custody of any of their children; 13 (3) "hybrid custody" means that at least one parent has primary 14 physical custody of one or more children of the relationship, and the parents have 15 shared physical custody of at least one child of the relationship; 16 (4) "primary physical custody" or "primary custody" means that a child 17 resides with the other parent for a period, specified in the custody order, of less than 18 25 percent of the year; 19 (5) "shared physical custody" or "shared custody" means that a child 20 resides with one parent for a period, specified in writing in the custody order, of at 21 least 25 percent but not more than 75 percent of the year, regardless of the status of 22 legal custody; 23 (6) "tribunal" means the superior court or the child support services 24 agency created in AS 25.27.010. 25 * Sec. 2. AS 47.10.120(a) is amended to read: 26 (a) When a child in need of aid is committed under this chapter, the court or 27 the child support services agency created in AS 25.27.010 shall, after giving the parent 28 a reasonable opportunity to be heard, require that the parent pay to the department in a 29 manner that the court or the child support services agency directs a sum to cover in 30 full or in part the maintenance and care of the child. The support obligation shall be 31 calculated under AS 25.28 [RULE 90.3(i) OF THE ALASKA RULES OF CIVIL
01 PROCEDURE]. 02 * Sec. 3. AS 47.12.230(a) is amended to read: 03 (a) When a delinquent minor is committed under this chapter, the court or the 04 child support services agency created in AS 25.27.010 shall, after giving the parent a 05 reasonable opportunity to be heard, require that the parent pay to the department in a 06 manner that the court or the child support services agency directs a sum to cover in 07 full or in part the maintenance and care of the minor. The support obligation shall be 08 calculated under AS 25.28 [RULE 90.3(i) OF THE ALASKA RULES OF CIVIL 09 PROCEDURE]. 10 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REPEAL OF COURT RULE. Rule 90.3, Alaska Rules of Civil Procedure, is repealed. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 NONAPPLICABILITY OF TWO-THIRDS VOTE REQUIREMENT. Because the 16 rule repealed in sec. 4 of this Act is a substantive rule rather than a rule of practice or 17 procedure, the repeal of the rule takes effect even if sec. 4 of this Act does not receive the 18 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 19 Alaska. 20 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION; CHILD SUPPORT SERVICES AGENCY. The child support services 23 agency established in AS 25.27.010 may adopt regulations necessary to implement the 24 changes made by AS 25.28, enacted by sec. 1 of this Act, but the regulations may not take 25 effect before the effective date of sec. 1 of this Act. 26 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect July 1, 2013.