CSHB 106(STA) am: "An Act relating to the Uniform Interstate Family Support Act, including jurisdiction by tribunals of the state, registration and proceedings related to support orders from other state tribunals, foreign support orders, foreign tribunals, and certain persons residing in foreign countries; relating to determination of parentage of a child; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 106(STA) am 01 "An Act relating to the Uniform Interstate Family Support Act, including jurisdiction 02 by tribunals of the state, registration and proceedings related to support orders from 03 other state tribunals, foreign support orders, foreign tribunals, and certain persons 04 residing in foreign countries; relating to determination of parentage of a child; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that 10 the state conduct child support enforcement responsibilities without jeopardizing the personal 11 privacy of the citizens involved. 12 (b) The legislature finds that 13 (1) under the Uniform Interstate Family Support Act of 2008, a state tribunal
01 may refuse to recognize and enforce a foreign support order on its own motion or, if 02 challenged by a party, if the order is "manifestly incompatible with public policy, including 03 the failure of the issuing tribunal to observe minimum standards of due process, which include 04 notice and an opportunity to be heard"; 05 (2) implementation of the treaty through state law is more consistent with 06 existing family law, as well as more efficient and effective, than implementation of the treaty 07 through a federal law that would govern a segregated portion of international child support 08 cases; 09 (3) nothing in the treaty or the Uniform Interstate Family Support Act of 2008 10 amends the privacy and security requirements that apply to federal and state child support 11 programs or expands access to databases beyond what already exists; 12 (4) under the Uniform Interstate Family Support Act of 2008, state child 13 support agencies will no longer be obliged to provide child support services to absolutely 14 anyone who applies from any other country, as is required under current law; 15 (5) the treaty does not change existing Uniform Interstate Family Support Act 16 provisions or United States law regarding personal jurisdiction, due process protections of 17 notice and an opportunity for a hearing, and application of United States law concerning 18 enforcement of child support orders. 19 (c) In order to protect the safety of the people of Alaska, the legislature requests that 20 the Office of the Governor or its designee certify to the legislature each year that no Tier 3 21 country, as identified in the most recent United States Department of State Trafficking In 22 Persons Report, has become a member of the treaty with states and foreign states as identified 23 in this Act. If the commissioner finds that a Tier 3 country has become a member of the 24 treaty, it is the legislature's intent that the State of Alaska reconsider its adoption of the law 25 that implements the treaty. 26 * Sec. 2. AS 25.25.101(2) is amended to read: 27 (2) "child support order" means a support order for a child, including a 28 child who has attained the age of majority under the law of the issuing state or foreign 29 country; 30 * Sec. 3. AS 25.25.101(4) is amended to read: 31 (4) "home state" means the state or the foreign country in which a
01 child lived with a parent or a person acting as a parent for at least six consecutive 02 months immediately preceding the time of filing of a complaint or comparable 03 pleading for support and, if a child is less than six months old, the state or the foreign 04 country in which the child lived from birth with a parent or person acting as a parent; 05 a period of temporary absence of a parent or person acting as a parent is counted as 06 part of the six-month or other period; 07 * Sec. 4. AS 25.25.101(8) is amended to read: 08 (8) "initiating tribunal" means the [AUTHORIZED] tribunal of a [IN 09 AN INITIATING] state or foreign country from which a complaint or comparable 10 pleading is forwarded or in which a complaint or comparable pleading is filed for 11 forwarding to another state or foreign country; 12 * Sec. 5. AS 25.25.101(9) is amended to read: 13 (9) "issuing state" means the state in which a tribunal issues a support 14 order or [RENDERS] a judgment determining parentage of a child; 15 * Sec. 6. AS 25.25.101(10) is amended to read: 16 (10) "issuing tribunal" means the tribunal of a state or foreign country 17 that issues a support order or [RENDERS] a judgment determining parentage of a child; 18 * Sec. 7. AS 25.25.101(12) is amended to read: 19 (12) "obligee" means 20 (A) an individual to whom a duty of support is or is alleged to 21 be owed or in whose favor a support order [HAS BEEN ISSUED] or a 22 judgment determining parentage of a child has been issued [RENDERED]; 23 (B) a foreign country, state, or political subdivision of a state 24 to which the rights under a duty of support or support order have been assigned 25 or that has independent claims based on financial assistance provided to an 26 individual obligee in place of child support; [OR] 27 (C) an individual seeking a judgment determining parentage of 28 the individual's child; or 29 (D) a person that is a creditor in a proceeding under 30 AS 25.25.702 - 25.25.714; 31 * Sec. 8. AS 25.25.101(13) is amended to read: 32 (13) "obligor" means an individual or the estate of a decedent that
01 [WHO] 02 (A) owes or is alleged to owe a duty of support; 03 (B) is alleged but has not been adjudicated to be a parent of a 04 child; [OR] 05 (C) is liable under a support order; or 06 (D) is a debtor in a proceeding under AS 25.25.702 - 07 25.25.714; 08 * Sec. 9. AS 25.25.101(14) is amended to read: 09 (14) "register" means to file in a tribunal of this state a support order 10 or judgment issued in another state or a foreign country determining parentage of a 11 child [WITH A REGISTERING TRIBUNAL]; 12 * Sec. 10. AS 25.25.101(15) is amended to read: 13 (15) "registering tribunal" means the tribunal in which a support order 14 or judgment determining parentage of a child is registered; 15 * Sec. 11. AS 25.25.101(16) is amended to read: 16 (16) "responding state" means a state in which a complaint or 17 comparable pleading for support or to determine parentage of a child 18 [PROCEEDING] is filed or to which a complaint or comparable pleading 19 [PROCEEDING] is forwarded for filing from another [AN INITIATING] state or 20 foreign country [UNDER THIS CHAPTER OR A LAW OR PROCEDURE 21 SUBSTANTIALLY SIMILAR TO THIS CHAPTER, OR UNDER A LAW OR 22 PROCEDURE SUBSTANTIALLY SIMILAR TO THE UNIFORM RECIPROCAL 23 ENFORCEMENT OF SUPPORT ACT OR THE REVISED UNIFORM 24 RECIPROCAL ENFORCEMENT OF SUPPORT ACT]; 25 * Sec. 12. AS 25.25.101(17) is amended to read: 26 (17) "responding tribunal" means the authorized tribunal in a 27 responding state or foreign country; 28 * Sec. 13. AS 25.25.101(19) is amended to read: 29 (19) "state" means a state of the United States, the District of 30 Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any 31 territory or insular possession subject to the jurisdiction of the United States; the term
01 "state" includes an Indian nation or tribe [AND A FOREIGN JURISDICTION THAT 02 HAS ENACTED A LAW OR ESTABLISHED PROCEDURES FOR ISSUANCE 03 AND ENFORCEMENT OF SUPPORT ORDERS THAT ARE SUBSTANTIALLY 04 SIMILAR TO THE PROCEDURES UNDER THIS CHAPTER OR UNDER THE 05 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT OR THE 06 REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT]; 07 * Sec. 14. AS 25.25.101(20) is amended to read: 08 (20) "support enforcement agency" means a public official, 09 governmental entity, or private agency authorized to [SEEK] 10 (A) seek enforcement of support orders or laws relating to the 11 duty of support; 12 (B) seek establishment or modification of child support orders; 13 (C) request determination of parentage of a child; [OR] 14 (D) attempt to locate [THE LOCATION OF] obligors or their 15 assets; or 16 (E) request determination of the controlling child support 17 order; 18 * Sec. 15. AS 25.25.101(21) is amended to read: 19 (21) "support order" means a judgment, decree, [OR] order, decision, 20 or directive, whether temporary, final, or subject to modification, issued in a state or 21 foreign country for the benefit of a child, a spouse, or a former spouse, that provides 22 for monetary support, health care, arrearages, retroactive support, or reimbursement 23 for financial assistance provided to an individual obligee in place of child 24 support; "support order" [, AND] may include related costs and fees, interest, 25 income withholding, automatic adjustment, reasonable attorney fees, and other 26 relief; 27 * Sec. 16. AS 25.25.101(22) is amended to read: 28 (22) "tribunal" means a court, administrative agency, or quasi-judicial 29 entity authorized to establish, enforce, or modify support orders or to determine 30 parentage of a child. 31 * Sec. 17. AS 25.25.101 is amended by adding new paragraphs to read:
01 (23) "convention" means the Convention on the International Recovery of 02 Child Support and Other Forms of Family Maintenance, concluded at The Hague on 03 November 23, 2007; 04 (24) "foreign country" means a country, including a political subdivision 05 of a country, other than the United States, that authorizes the issuance of support orders 06 and 07 (A) that has been declared under the law of the United States to be 08 a foreign reciprocating country; 09 (B) that has established a reciprocal arrangement for child support 10 with this state as provided in AS 25.25.308(b); 11 (C) that has enacted a law or established procedures for the 12 issuance and enforcement of support orders that are substantially similar to the 13 procedures under this chapter; or 14 (D) in which the convention is in force with respect to the United 15 States; 16 (25) "foreign support order" means a support order of a foreign tribunal; 17 (26) "foreign tribunal" means a court, administrative agency, or quasi- 18 judicial entity of a foreign country that is authorized to establish, enforce, or modify 19 support orders or determine parentage of a child; "foreign tribunal" includes a competent 20 authority under the convention; 21 (27) "issuing foreign country" means the foreign country in which a 22 tribunal issues a support order or a judgment determining parentage of a child; 23 (28) "outside this state" means a location in another state or a country 24 other than the United States, whether or not the country is a foreign country; 25 (29) "person" means an individual, corporation, business trust, estate, 26 trust, partnership, limited liability company, association, joint venture, public corporation, 27 government or governmental subdivision, agency, or instrumentality, or any other legal or 28 commercial entity; 29 (30) "record" means information that is inscribed on a tangible medium or 30 that is stored in an electronic or other medium and is retrievable in perceivable form. 31 * Sec. 18. AS 25.25.102 is amended by adding a new subsection to read: 32 (b) The child support services agency created in AS 25.27.010 is the support 33 enforcement agency of this state.
01 * Sec. 19. AS 25.25.103 is amended to read: 02 Sec. 25.25.103. Remedies cumulative. Remedies provided by this chapter are 03 cumulative and do not affect the availability of remedies under other law or the 04 recognition of a support order on the basis of comity. 05 * Sec. 20. AS 25.25.103 is amended by adding a new subsection to read: 06 (b) This chapter does not 07 (1) provide the exclusive method of establishing or enforcing a support 08 order under the law of this state; or 09 (2) grant a tribunal of this state jurisdiction to render judgment or issue an 10 order relating to child custody or visitation in a proceeding under this chapter. 11 * Sec. 21. AS 25.25 is amended by adding a new section to article 1 to read: 12 Sec. 25.25.104. Application of this chapter to resident of foreign country and 13 foreign support proceeding. (a) A tribunal of this state shall apply AS 25.25.101 - 14 25.25.616 and, as applicable, AS 25.25.702 - 25.25.714, to a support proceeding involving 15 (1) a foreign support order; 16 (2) a foreign tribunal; or 17 (3) an obligee, obligor, or child residing in a foreign country. 18 (b) A tribunal of this state that is requested to recognize and enforce a support 19 order on the basis of comity may apply the procedural and substantive provisions of 20 AS 25.25.101 - 25.25.616. 21 (c) AS 25.25.702 - 25.25.714 apply only to a support proceeding under the 22 convention. In such a proceeding if a provision of AS 25.25.702 - 25.25.714 is 23 inconsistent with AS 25.25.101 - 25.25.616, AS 25.25.702 - 25.25.714 controls. 24 * Sec. 22. AS 25.25.201 is amended to read: 25 Sec. 25.25.201. Bases for jurisdiction over nonresident. In a proceeding to 26 establish or [,] enforce [, OR MODIFY] a support order or to determine parentage of a 27 child, a tribunal of this state may exercise personal jurisdiction over a nonresident 28 individual or the individual's guardian or conservator if 29 (1) the individual is personally served with a citation, summons, or 30 notice within this state; 31 (2) the individual submits to the jurisdiction of this state by consent in 32 a record, by entering a general appearance, or by filing a responsive document having
01 the effect of waiving any contest to personal jurisdiction; 02 (3) the individual resided with the child in this state; 03 (4) the individual resided in this state and provided prenatal expenses 04 or support for the child; 05 (5) the child resides in this state as a result of the acts or directives of 06 the individual; 07 (6) the individual engaged in sexual intercourse in this state and the 08 child may have been conceived by that act of intercourse; 09 (7) the individual acknowledged parentage of a child in a writing 10 deposited with the Bureau of Vital Statistics under AS 25.20.050; or 11 (8) there is another basis consistent with the constitutions of this state 12 and the United States for the exercise of personal jurisdiction. 13 * Sec. 23. AS 25.25.201 is amended by adding a new subsection to read: 14 (b) The bases of personal jurisdiction set out in (a) of this section or in any other 15 law of this state may not be used to acquire personal jurisdiction for a tribunal of this state 16 to modify a child support order of another state unless the requirements of AS 25.25.611 17 are met or, in the case of a foreign support order, unless the requirements of AS 25.25.615 18 are met. 19 * Sec. 24. AS 25.25.202 is repealed and reenacted to read: 20 Sec. 25.25.202. Duration of personal jurisdiction. Personal jurisdiction 21 acquired by a tribunal of this state in a proceeding under this chapter or other law of this 22 state relating to a support order continues as long as a tribunal of this state has continuing, 23 exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as 24 provided by AS 25.25.205, 25.25.206, and 25.25.281. 25 * Sec. 25. AS 25.25.203 is amended to read: 26 Sec. 25.25.203. Initiating and responding tribunal of this state. Under this 27 chapter, a tribunal of this state may serve as an initiating tribunal to forward 28 proceedings to a tribunal of another state and as a responding tribunal for proceedings 29 initiated in another state or a foreign country. 30 * Sec. 26. AS 25.25.204 is amended to read: 31 Sec. 25.25.204. Simultaneous proceedings [IN ANOTHER STATE]. (a) A 32 tribunal of this state may exercise jurisdiction to establish a support order if the
01 complaint or comparable pleading is filed after a complaint or comparable pleading is 02 filed in another state or a foreign country only if 03 (1) the complaint or comparable pleading in this state is filed before 04 the expiration of the time allowed in the other state or the foreign country for filing a 05 responsive pleading challenging the exercise of jurisdiction by the other state or the 06 foreign country; 07 (2) the contesting party timely challenges the exercise of jurisdiction in 08 the other state or the foreign country; and 09 (3) if relevant, this state is the home state of the child. 10 (b) A tribunal of this state may not exercise jurisdiction to establish a support 11 order if the complaint or comparable pleading is filed before a complaint or 12 comparable pleading is filed in another state or a foreign country if 13 (1) the complaint or comparable pleading in the other state or the 14 foreign country is filed before the expiration of the time allowed in this state for 15 filing a responsive pleading challenging the exercise of jurisdiction by this state; 16 (2) the contesting party timely challenges the exercise of jurisdiction in 17 this state; and 18 (3) if relevant, the other state or the foreign country is the home state 19 of the child. 20 * Sec. 27. AS 25.25.205(a) is amended to read: 21 (a) A tribunal of this state that has issued a child [ISSUING A] support order 22 consistent with the law of this state has and shall exercise continuing, exclusive 23 jurisdiction to modify its [OVER A] child support order if the order is the 24 controlling order and, 25 (1) at the time of the filing of a request for modification, [AS 26 LONG AS] this state is [REMAINS] the residence of the obligor, the individual 27 obligee, or the child for whose benefit the support order is issued; or 28 (2) even if this state is not the residence of the obligor, the individual 29 obligee, or the child for whose benefit the support order is issued, the parties consent 30 in a record or in open court that the tribunal of this state may continue to exercise 31 jurisdiction to modify its order [UNTIL EACH INDIVIDUAL PARTY HAS FILED 32 WRITTEN CONSENT WITH THE TRIBUNAL OF THIS STATE FOR A
01 TRIBUNAL OF ANOTHER STATE TO MODIFY THE ORDER AND ASSUME 02 CONTINUING, EXCLUSIVE JURISDICTION]. 03 * Sec. 28. AS 25.25.205(b) is amended to read: 04 (b) A tribunal of this state that has issued [ISSUING] a child support order 05 consistent with the law of this state may not exercise [ITS] continuing, exclusive 06 jurisdiction to modify the order if 07 (1) all of the parties who are individuals file consent in a record with 08 the tribunal of this state that a tribunal of another state that has jurisdiction over at 09 least one of the parties who is an individual or that is located in the state of residence 10 of the child may modify the order and assume continuing, exclusive jurisdiction; or 11 (2) the tribunal's order is not the controlling order [THE ORDER 12 HAS BEEN MODIFIED BY A TRIBUNAL OF ANOTHER STATE UNDER A 13 LAW SUBSTANTIALLY SIMILAR TO THIS CHAPTER]. 14 * Sec. 29. AS 25.25.205(c) is repealed and reenacted to read: 15 (c) If a tribunal of another state has issued a child support order under this chapter 16 or a law substantially similar to this chapter that modifies a child support order of a 17 tribunal of this state, a tribunal of this state shall recognize the continuing, exclusive 18 jurisdiction of the tribunal of the other state. 19 * Sec. 30. AS 25.25.205(d) is repealed and reenacted to read: 20 (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a 21 child support order may serve as an initiating tribunal to request a tribunal of another state 22 to modify a support order issued in that state. 23 * Sec. 31. AS 25.25.206(a) is amended to read: 24 (a) A tribunal of this state that has issued a child support order consistent 25 with the laws of this state may serve as an initiating tribunal to request a tribunal of 26 another state to enforce 27 (1) the order if the order is the controlling order and has not been 28 modified by a tribunal of another state that assumed jurisdiction under this chapter; 29 or 30 (2) a money judgment for arrears of support and interest on the 31 order accrued before a determination that an order of a tribunal of another state is 32 the controlling order [OR MODIFY A SUPPORT ORDER ISSUED IN THAT
01 STATE]. 02 * Sec. 32. AS 25.25.206(b) is amended to read: 03 (b) A tribunal of this state having continuing [, EXCLUSIVE] jurisdiction 04 over a support order may act as a responding tribunal to enforce [OR MODIFY] the 05 order. [IF A PARTY SUBJECT TO THE CONTINUING, EXCLUSIVE 06 JURISDICTION OF THE TRIBUNAL NO LONGER RESIDES IN THE ISSUING 07 STATE, IN SUBSEQUENT PROCEEDINGS THE TRIBUNAL MAY APPLY 08 AS 25.25.316 TO RECEIVE EVIDENCE FROM ANOTHER STATE AND 09 AS 25.25.318 TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF 10 ANOTHER STATE.] 11 * Sec. 33. AS 25.25.207(b) is amended to read: 12 (b) If a proceeding is brought under this chapter and two or more child support 13 orders have been issued by tribunals of this state, [OR] another state, or a foreign 14 country with regard to the same obligor and same child, a tribunal of this state having 15 personal jurisdiction over both the obligor and individual obligee shall apply the 16 following rules and shall determine, by order, [IN DETERMINING] which order 17 controls and must be recognized [TO RECOGNIZE FOR PURPOSES OF 18 CONTINUING, EXCLUSIVE JURISDICTION]: 19 (1) if only one of the tribunals would have continuing, exclusive 20 jurisdiction under this chapter, the order of that tribunal is controlling and shall be 21 recognized; 22 (2) if more than one of the tribunals would have continuing, exclusive 23 jurisdiction under this chapter, 24 (A) an order issued by a tribunal in the current home state of 25 the child controls; or 26 (B) [SHALL BE RECOGNIZED, BUT,] if an order has not 27 been issued in the current home state of the child, the order most recently 28 issued controls [IS CONTROLLING AND SHALL BE RECOGNIZED]; 29 (3) if none of the tribunals would have continuing, exclusive 30 jurisdiction under this chapter, the tribunal of this state [HAVING JURISDICTION 31 OVER THE PARTIES] shall issue a child support order, which controls [IS
01 CONTROLLING AND SHALL BE RECOGNIZED]. 02 * Sec. 34. AS 25.25.207(c) is amended to read: 03 (c) If two or more child support orders have been issued for the same obligor 04 and same child, upon request of a party who is an individual or that is a support 05 enforcement agency, [AND IF THE OBLIGOR OR THE INDIVIDUAL OBLIGEE 06 RESIDES IN THIS STATE, A PARTY MAY REQUEST] a tribunal of this state 07 having personal jurisdiction over both the obligor and the obligee who is an 08 individual shall [TO] determine which order controls [AND SHALL BE 09 RECOGNIZED] under (b) of this section. The request may be filed with a 10 registration for enforcement or a registration for modification under 11 AS 25.25.601 - 25.25.616 or may be filed as a separate proceeding [SHALL BE 12 ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN 13 EFFECT. EVERY PARTY WHOSE RIGHTS MAY BE AFFECTED BY A 14 DETERMINATION OF THE CONTROLLING ORDER SHALL BE GIVEN 15 NOTICE OF THE REQUEST FOR THAT DETERMINATION]. 16 * Sec. 35. AS 25.25.207(d) is amended to read: 17 (d) The tribunal that issued the controlling order [THAT SHALL BE 18 RECOGNIZED AS CONTROLLING] under (a), (b), or (c) of this section [IS THE 19 TRIBUNAL THAT] has continuing [, EXCLUSIVE] jurisdiction to the extent 20 provided in AS 25.25.205 or 25.25.206 [IN ACCORDANCE WITH AS 25.25.205]. 21 * Sec. 36. AS 25.25.207(e) is amended to read: 22 (e) A tribunal of this state that determines, by order, which is [THE 23 IDENTITY OF] the controlling child support order under (b)(1) or (2) or (c) of this 24 section, or that issues a new controlling child support order under (b)(3) of this 25 section, shall include in that order 26 (1) the basis upon which the tribunal made its determination; 27 (2) the amount of prospective support, if any; and 28 (3) the total amount of consolidated arrears and accrued interest, if 29 any, under all of the orders after all payments made are credited as provided by 30 AS 25.25.209. 31 * Sec. 37. AS 25.25.207(f) is amended to read: 32 (f) Within 30 days after issuance of the order determining which is [THE
01 IDENTITY OF] the controlling order, the party obtaining that order shall file a 02 certified copy of that order in [WITH] each tribunal that had issued or registered an 03 earlier order of child support. Failure of the party or the support enforcement 04 agency obtaining the order to file a certified copy as required under this subsection 05 subjects that party to appropriate sanctions by a tribunal in which the issue of failure to 06 file arises, but that failure has no effect on the validity or enforceability of the 07 controlling order. 08 * Sec. 38. AS 25.25.207 is amended by adding new subsections to read: 09 (g) A request to determine which is the controlling order must be accompanied by 10 a copy of every child support order in effect and the applicable record of payments. The 11 requesting party shall give notice of the request to each party whose rights may be 12 affected by the determination. 13 (h) An order that has been determined to be the controlling order, or a judgment 14 for consolidated arrears of support and interest, if any, made under this section must be 15 recognized in proceedings under this chapter. 16 * Sec. 39. AS 25.25.208 is amended to read: 17 Sec. 25.25.208. Child [MULTIPLE CHILD] support orders for two or more 18 obligees. In responding to [MULTIPLE] registrations or complaints for enforcement of 19 two or more child support orders in effect at the same time with regard to the same obligor 20 and different individual obligees, when at least one of the orders was issued by a tribunal 21 of another state or a foreign country, a tribunal of this state shall enforce those orders in 22 the same manner as if the [MULTIPLE] orders had been issued by a tribunal of this state. 23 * Sec. 40. AS 25.25.209 is amended to read: 24 Sec. 25.25.209. Credit for payments. A tribunal of this state shall credit 25 amounts [AMOUNTS] collected [AND CREDITED] for a particular period under 26 any child support order against the amounts owed for the same period under any 27 other child support order for support of the same child [A SUPPORT ORDER] 28 issued by a tribunal of this state, another state, or a foreign country [SHALL BE 29 CREDITED AGAINST THE AMOUNTS ACCRUING OR ACCRUED FOR THE 30 SAME PERIOD UNDER A SUPPORT ORDER ISSUED BY THE TRIBUNAL OF 31 THIS STATE]. 32 * Sec. 41. AS 25.25 is amended by adding new sections to article 2 to read:
01 Sec. 25.25.280. Application of this chapter to nonresident subject to 02 personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a 03 nonresident in a proceeding under this chapter, under other law of this state relating to 04 a support order, or recognizing a foreign support order may receive evidence from 05 outside this state under AS 25.25.316, communicate with a tribunal outside this state 06 under AS 25.25.317, and obtain discovery through a tribunal outside this state under 07 AS 25.25.318. In all other respects, AS 25.25.301 - 25.25.616 do not apply, and the 08 tribunal shall apply the procedural and substantive law of this state. 09 Sec. 25.25.281. Continuing, exclusive jurisdiction to modify spousal 10 support order. (a) A tribunal of this state issuing a spousal support order consistent 11 with the law of this state has continuing, exclusive jurisdiction to modify the spousal 12 support order throughout the existence of the support obligation. 13 (b) A tribunal of this state may not modify a spousal support order issued by a 14 tribunal of another state or a foreign country having continuing, exclusive jurisdiction 15 over that order under the law of that state or foreign country. 16 (c) A tribunal of this state that has continuing, exclusive jurisdiction over a 17 spousal support order may serve as 18 (1) an initiating tribunal to request a tribunal of another state to enforce 19 the spousal support order issued in this state; or 20 (2) a responding tribunal to enforce or modify its own spousal support 21 order. 22 * Sec. 42. AS 25.25.301(c) is amended to read: 23 (c) An individual or a support enforcement agency may initiate 24 [COMMENCE] a proceeding authorized under this chapter by filing a complaint or a 25 comparable pleading in an initiating tribunal for forwarding to a responding tribunal or 26 by filing a complaint or a comparable pleading directly in a tribunal of another state or 27 a foreign country that has or can obtain personal jurisdiction over the respondent. 28 * Sec. 43. AS 25.25.303 is amended to read: 29 Sec. 25.25.303. Application of law of this state. Except as otherwise provided 30 in [BY] this chapter, a responding tribunal of this state shall 31 (1) apply the procedural and substantive law [, INCLUDING THE
01 RULES ON CHOICE OF LAW,] generally applicable to similar proceedings 02 originating in this state and may exercise all powers and provide all remedies available 03 in those proceedings; and 04 (2) determine the duty of support and the amount payable under the 05 law and support guidelines of this state. 06 * Sec. 44. AS 25.25.304 is amended to read: 07 Sec. 25.25.304. Duties of initiating tribunal. (a) Upon the filing of a 08 complaint or comparable pleading authorized by this chapter, an initiating tribunal of 09 this state shall forward [THREE COPIES OF] the complaint or comparable pleading 10 and its accompanying documents 11 (1) to the responding tribunal or appropriate support enforcement 12 agency in the responding state; or 13 (2) if the identity of the responding tribunal is unknown, to the state 14 information agency of the responding state with a request that they be forwarded to the 15 appropriate tribunal and that receipt be acknowledged. 16 (b) If requested by the responding tribunal [A RESPONDING STATE 17 HAS NOT ENACTED A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR 18 TO THIS CHAPTER], a tribunal of this state shall [MAY] issue a certificate or other 19 documents and make findings required by the law of the responding state. If the 20 responding tribunal [STATE] is in a foreign country, upon request 21 [JURISDICTION], the tribunal of this state shall [MAY] specify the amount of 22 support sought, convert the amount into the equivalent amount in the foreign 23 currency under the applicable official or market exchange rate as publicly 24 reported, and provide any other documents necessary to satisfy the requirements of 25 the responding foreign tribunal [STATE]. 26 * Sec. 45. AS 25.25.305(b) is amended to read: 27 (b) A responding tribunal of this state, to the extent not prohibited 28 [OTHERWISE SPECIFICALLY AUTHORIZED] by law, may do one or more of the 29 following: 30 (1) establish [ISSUE] or enforce a support order, modify a child 31 support order, determine the controlling child support order, or [RENDER A
01 JUDGMENT TO] determine parentage of the child; 02 (2) order an obligor to comply with a support order, specifying the 03 amount and the manner of compliance; 04 (3) order income withholding; 05 (4) determine the amount of any arrearages, and specify a method of 06 payment; 07 (5) enforce orders by civil or criminal contempt, or both; 08 (6) set aside property for satisfaction of the support order; 09 (7) place liens and order execution on the obligor's property; 10 (8) order an obligor to keep the tribunal informed of the obligor's 11 current residential address, electronic mailing address, telephone number, employer, 12 address of employment, and telephone number at the place of employment; 13 (9) issue a bench warrant for an obligor who has failed after proper 14 notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any 15 local and state computer systems for criminal warrants; 16 (10) order the obligor to seek appropriate employment by specified 17 methods; 18 (11) award reasonable attorney fees and other fees and costs; and 19 (12) grant any other available remedy. 20 * Sec. 46. AS 25.25.305 is amended by adding a new subsection to read: 21 (f) If requested to enforce a support order, arrears, or judgment or modify a 22 support order stated in a foreign currency, a responding tribunal of this state shall 23 convert the amount stated in the foreign currency to the equivalent amount in dollars 24 under the applicable official or market exchange rate as publicly reported. 25 * Sec. 47. AS 25.25.306 is amended to read: 26 Sec. 25.25.306. Inappropriate tribunal. If a complaint or comparable 27 pleading is received by an inappropriate tribunal of this state, the tribunal [IT] shall 28 forward the complaint or pleading, and accompanying documents, to an appropriate 29 tribunal in this state or another state and notify the petitioner where and when the 30 complaint or pleading was sent. 31 * Sec. 48. AS 25.25.307(b) is amended to read:
01 (b) In providing services under this chapter to the petitioner, the child support 02 services agency of this state shall [, AS APPROPRIATE,] 03 (1) take all steps necessary to enable an appropriate tribunal of [IN] 04 this state, [OR] another state, or a foreign country to obtain jurisdiction over the 05 respondent; 06 (2) request an appropriate tribunal to set a date, time, and place for a 07 hearing; 08 (3) make a reasonable effort to obtain all relevant information, 09 including information as to income and property of the parties; 10 (4) send [WRITTEN] notice in a record from an initiating, 11 responding, or registering tribunal to the petitioner within five [TWO] days after [OF] 12 receipt, exclusive of Saturdays, Sundays, and legal holidays; 13 (5) send a copy of a [WRITTEN] communication in a record from the 14 respondent or the respondent's attorney to the petitioner within five [TWO] days after 15 [OF] receipt, exclusive of Saturdays, Sundays, and legal holidays; and 16 (6) notify the petitioner if jurisdiction over the respondent cannot be 17 obtained. 18 * Sec. 49. AS 25.25.307 is amended by adding new subsections to read: 19 (d) A support enforcement agency of this state that requests registration of a child 20 support order in this state for enforcement or modification shall make reasonable efforts 21 (1) to ensure that the order to be registered is the controlling order; or 22 (2) if two or more child support orders exist and the identity of the 23 controlling order has not been determined, to ensure that a request for the determination is 24 made in a tribunal having jurisdiction to do so. 25 (e) A support enforcement agency of this state that requests registration and 26 enforcement of a support order, arrears, or judgment stated in a foreign currency shall 27 convert the amounts stated in the foreign currency into the equivalent amounts in dollars 28 under the applicable official or market exchange rate as publicly reported. 29 (f) A support enforcement agency of this state shall issue or request a tribunal of 30 this state to issue a child support order and an income withholding order that redirect 31 payment of current support, arrears, and interest if requested to do so by a support 32 enforcement agency of another state under AS 25.25.319.
01 * Sec. 50. AS 25.25 is amended by adding a new section to read: 02 Sec. 25.25.308. Duty of the Department of Revenue. (a) If the Department of 03 Revenue determines that the support enforcement agency is neglecting or refusing to 04 provide services to an individual, the Department of Revenue may order the agency to 05 perform its duties under this chapter or may provide those services directly to the 06 individual. 07 (b) The Department of Revenue may determine that a foreign country has 08 established a reciprocal arrangement for child support with this state and take appropriate 09 action for notification of the determination. 10 * Sec. 51. AS 25.25.310 is amended to read: 11 Sec. 25.25.310. Duties of state information and locator agency. The child 12 support services agency is the state information agency under this chapter, and it shall 13 (1) compile and maintain a current list, including addresses, of the 14 tribunals in this state that have jurisdiction under this chapter and the appropriate agency 15 offices in this state and transmit a copy to the state information agency of every other 16 state; 17 (2) maintain a register of the names and addresses of tribunals and 18 support enforcement agencies received from other states; 19 (3) forward to the appropriate tribunal in this state all documents 20 concerning a proceeding under this chapter received from another state or a foreign 21 country [AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY 22 OF THE INITIATING STATE]; and 23 (4) obtain information concerning the location of the obligor and the 24 obligor's property within this state that is not exempt from execution by postal verification 25 and federal or state locator services, examination of telephone directories, requests for the 26 obligor's address from employers, and examination of governmental records, including, to 27 the extent not prohibited by other law, those relating to real property, vital statistics, law 28 enforcement, taxation, motor vehicles, driver's licenses, and social security. 29 * Sec. 52. AS 25.25.311(a) is amended to read: 30 (a) In a proceeding under this chapter, a [A] petitioner seeking to establish 31 [OR MODIFY] a support order [OR] to determine parentage of a child or to register 32 and modify a support order of a tribunal of another state or a foreign country 33 [IN A PROCEEDING UNDER THIS CHAPTER] shall file a [VERIFY THE]
01 complaint or comparable pleading. Unless otherwise ordered under AS 25.25.312, or 02 otherwise prohibited by law, the complaint or comparable pleading or accompanying 03 documents must provide, so far as known, the name, residential address, and social 04 security numbers of the obligor and the obligee or the parent and the alleged parent, 05 and the name, sex, residential address, social security number, and date of birth of 06 each child for whose benefit [WHOM] support is sought or whose parentage is to be 07 determined. Unless filed at the time of registration, the [. THE] complaint or 08 comparable pleading must be accompanied by a [CERTIFIED] copy of any support 09 order known to have been issued by another tribunal [IN EFFECT]. The complaint 10 or comparable pleading may include other information that may assist in locating or 11 identifying the respondent. 12 * Sec. 53. AS 25.25.312 is repealed and reenacted to read: 13 Sec. 25.25.312. Nondisclosure of information in exceptional circumstances. 14 If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty 15 of a party or child would be jeopardized by disclosure of specific identifying information, 16 that information must be sealed and may not be disclosed to the other party or the public. 17 After a hearing in which a tribunal takes into consideration the health, safety, or liberty of 18 the party or child, the tribunal may order disclosure of information that the tribunal 19 determines to be in the interest of justice. 20 * Sec. 54. AS 25.25.313(b) is amended to read: 21 (b) If an obligee prevails, a responding tribunal of this state may assess 22 against an obligor filing fees, including fees that were waived under (a) of this section, 23 reasonable attorney fees, other costs, necessary travel expenses, and other reasonable 24 expenses incurred by the obligee and the obligee's witnesses. The tribunal may not 25 assess fees, costs, or expenses against the obligee or the support enforcement agency 26 of either the initiating or the responding state or foreign country except as required 27 by other law or court rule. Attorney fees may be taxed as costs, and may be ordered 28 paid directly to the attorney, who may enforce the order in the attorney's own name. 29 Payment of support owed to the obligee has priority over fees, costs, and expenses 30 assessed under this subsection. 31 * Sec. 55. AS 25.25.314(a) is amended to read: 32 (a) Participation by a petitioner in a proceeding under this chapter before a
01 responding tribunal, whether in person, by private attorney, or through services 02 provided by the support enforcement agency, does not confer personal jurisdiction 03 over the petitioner in another proceeding. 04 * Sec. 56. AS 25.25.316(a) is amended to read: 05 (a) The physical presence of a nonresident party who is an individual [THE 06 PETITIONER] in a [RESPONDING] tribunal of this state is not required for the 07 establishment, enforcement, or modification of a support order or the rendition of a 08 judgment determining parentage of a child. 09 * Sec. 57. AS 25.25.316(b) is amended to read: 10 (b) An [A VERIFIED COMPLAINT OR COMPARABLE PLEADING,] 11 affidavit, a document substantially complying with federally mandated forms, or 12 [AND] a document incorporated by reference in any of them, which would not be 13 excluded under the hearsay rule if given in person, is admissible in evidence if given 14 under penalty of perjury [OATH] by a party or witness residing outside this [IN 15 ANOTHER] state. 16 * Sec. 58. AS 25.25.316(d) is amended to read: 17 (d) Copies of bills for testing for parentage of a child, and for prenatal and 18 postnatal health care of the mother and child, furnished to the adverse party at least 10 19 days before trial or other proceeding, are admissible in evidence to prove the amount 20 of the charges billed and that the charges were reasonable, necessary, and customary. 21 * Sec. 59. AS 25.25.316(e) is amended to read: 22 (e) Documentary evidence transmitted from outside this [ANOTHER] state to 23 a tribunal of this state by telephone, facsimile [TELECOPIER], or other electronic 24 means that do not provide an original record [WRITING] may not be excluded from 25 evidence on an objection based on the means of transmission. 26 * Sec. 60. AS 25.25.316(f) is amended to read: 27 (f) In a proceeding under this chapter, a tribunal of this state shall [MAY] 28 permit a party or witness residing outside this [IN ANOTHER] state to be deposed or 29 to testify under penalty of perjury by telephone, audiovisual means, or other 30 electronic means at a designated tribunal or other location [IN THAT STATE]. A 31 tribunal of this state shall cooperate with other tribunals [OF OTHER STATES] in
01 designating an appropriate location for the deposition or testimony. 02 * Sec. 61. AS 25.25.316 is amended by adding a new subsection to read: 03 (j) A voluntary acknowledgment of paternity, certified as a true copy, is 04 admissible to establish parentage of the child. 05 * Sec. 62. AS 25.25.317 is amended to read: 06 Sec. 25.25.317. Communications between tribunals. A tribunal of this state may 07 communicate with a tribunal outside this [OF ANOTHER] state in a record [WRITING], 08 or by telephone, electronic mail, or other means, to obtain information concerning the 09 laws [OF THAT STATE], the legal effect of a judgment, decree, or order of that tribunal, 10 and the status of a proceeding [IN THE OTHER STATE]. A tribunal of this state may 11 furnish similar information by similar means to a tribunal outside this [OF ANOTHER] 12 state. 13 * Sec. 63. AS 25.25.318 is amended to read: 14 Sec. 25.25.318. Assistance with discovery. A tribunal of this state may 15 (1) request a tribunal outside this [OF ANOTHER] state to assist in 16 obtaining discovery; and 17 (2) upon request, compel a person over which [WHOM] it has 18 jurisdiction to respond to a discovery order issued by a tribunal outside this [OF 19 ANOTHER] state. 20 * Sec. 64. AS 25.25.319 is amended to read: 21 Sec. 25.25.319. Receipt and disbursement of payments. The child support 22 services agency of this state shall disburse promptly any amounts received under a 23 support order, as directed by the order. The agency shall furnish to a requesting party 24 or tribunal of another state or a foreign country a certified statement by the custodian 25 of the record of the amounts and dates of all payments received. 26 * Sec. 65. AS 25.25.319 is amended by adding new subsections to read: 27 (b) If neither the obligor, nor the obligee who is an individual, nor the child 28 resides in this state, upon request from the support enforcement agency of this state or 29 another state, the support enforcement agency of this state or a tribunal of this state shall 30 (1) direct that the support payment be made to the support enforcement 31 agency of the state in which the obligee is receiving services; and 32 (2) issue and send to the obligor's employer a conforming income
01 withholding order or an administrative notice of change of payee, reflecting the redirected 02 payments. 03 (c) The support enforcement agency of this state receiving redirected payments 04 from another state under a law similar to (b) of this section shall furnish to a requesting 05 party or tribunal of the other state a certified statement by the custodian of the record of 06 the amount and dates of all payments received. 07 * Sec. 66. AS 25.25.401(a) is amended to read: 08 (a) If a [CHILD] support order entitled to recognition under this chapter has not 09 been issued, a responding tribunal of this state with personal jurisdiction over the 10 parties may issue a [CHILD] support order if 11 (1) the individual seeking the order resides outside this [IN ANOTHER] 12 state; or 13 (2) the support enforcement agency seeking the order is located outside 14 this [IN ANOTHER] state. 15 * Sec. 67. AS 25.25.401(b) is repealed and reenacted to read: 16 (b) The tribunal may issue a temporary child support order if the tribunal 17 determines that an order is appropriate and the individual ordered to pay is 18 (1) a presumed father of the child; 19 (2) petitioning to have the individual's paternity adjudicated; 20 (3) identified as the father of the child through genetic testing; 21 (4) an alleged father who has declined to submit to genetic testing; 22 (5) shown by clear and convincing evidence to be the father of the child; 23 (6) an acknowledged father under AS 25.20.050; 24 (7) the mother of the child; or 25 (8) an individual who has been ordered to pay child support in a previous 26 proceeding and the order has not been reversed or vacated. 27 * Sec. 68. AS 25.25 is amended by adding a new section to article 4 to read: 28 Sec. 25.25.402. Proceeding to determine parentage. A tribunal of this state 29 authorized to determine parentage of a child may serve as a responding tribunal in a 30 proceeding to determine parentage of a child brought under this chapter or a law or 31 procedure substantially similar to this chapter. 32 * Sec. 69. AS 25.25.501 is amended to read:
01 Sec. 25.25.501. Employer's receipt of income withholding order of another 02 state. An income withholding order issued in another state may be sent by or on 03 behalf of the obligee, or by the support enforcement agency to the person [OR 04 ENTITY] defined as the obligor's employer under AS 25.27 without first filing a 05 complaint or comparable pleading or registering the order with a tribunal of this state. 06 * Sec. 70. AS 25.25.502(c) is amended to read: 07 (c) Except as provided by (d) of this section and AS 25.25.503, the employer 08 shall withhold and distribute the funds as directed in the withholding order by 09 complying with the terms of the order, as applicable, that specify 10 (1) the duration and the amount of periodic payments of current child 11 support, stated as a sum certain; 12 (2) the person [OR AGENCY] designated to receive payments and the 13 address to which the payments are to be forwarded; 14 (3) medical support, whether in the form of periodic cash payment, 15 stated as a sum certain, or an order to the obligor to provide health insurance coverage 16 for the child under a policy available through the obligor's employment; 17 (4) the amount of periodic payments of fees and costs for a support 18 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums 19 certain; and 20 (5) the amount of periodic payments of arrearages and interest on 21 arrearages, stated as sums certain. 22 * Sec. 71. AS 25.25.503 is amended to read: 23 Sec. 25.25.503. Employer's compliance [COMPLIANCE] with two or 24 more [MULTIPLE] income withholding orders. If an obligor's employer receives 25 two or more [MULTIPLE] orders to withhold support from the earnings of the same 26 obligor, the employer shall be considered to have satisfied the terms of the 27 [MULTIPLE] orders if the employer complies with the law of the state of the obligor's 28 principal place of employment to establish the priorities for withholding and allocating 29 income withheld for two or more [MULTIPLE] child support obligees [ORDERS]. 30 * Sec. 72. AS 25.25.504 is amended to read: 31 Sec. 25.25.504. Immunity from civil liability. An employer that [WHO]
01 complies with an income withholding order issued in another state in accordance with 02 AS 25.25.501 - 25.25.505 is not subject to civil liability to an individual or agency 03 with regard to the employer's withholding of child support from the obligor's income. 04 * Sec. 73. AS 25.25.505 is amended to read: 05 Sec. 25.25.505. Penalties for noncompliance. An employer that [WHO] 06 wilfully fails to comply with an income withholding order issued in [BY] another state 07 and received for enforcement is subject to the same penalties that may be imposed for 08 noncompliance with an order issued by a tribunal of this state. 09 * Sec. 74. AS 25.25.506 is amended to read: 10 Sec. 25.25.506. Contest by obligor. (a) An obligor may contest the validity or 11 enforcement of an income withholding order issued in another state and received 12 directly by an employer in this state by registering the order in a tribunal of this 13 state and filing a contest to that order as provided in AS 25.25.601 - 25.25.616 or 14 otherwise contesting the order in the same manner as if the order were issued by a 15 tribunal of this state. The provisions of AS 25.25.604 apply to the contest. 16 (b) The obligor shall give notice of the contest to 17 (1) a support enforcement agency providing services to the obligee; 18 (2) each employer that has directly received an income withholding 19 order relating to the obligor; and 20 (3) if 21 (A) a person [OR AN AGENCY] is designated to receive 22 payments in the income withholding order, to that person [OR AGENCY]; or 23 (B) no person [OR AGENCY] is designated to receive 24 payments in the income withholding order, to the obligee. 25 * Sec. 75. AS 25.25.507(a) is amended to read: 26 (a) A party or support enforcement agency seeking to enforce a support 27 order or an income withholding order, or both, issued in [BY A TRIBUNAL OF] 28 another state or a foreign support order may send the documents required for 29 registering the order to the child support services agency of this state. 30 * Sec. 76. AS 25.25.601 is amended to read: 31 Sec. 25.25.601. Registration of order for enforcement. A support order or
01 [AN] income withholding order issued in [BY A TRIBUNAL OF] another state or a 02 foreign support order may be registered in this state for enforcement. 03 * Sec. 77. AS 25.25.602(a) is amended to read: 04 (a) Except as provided in AS 25.25.707, a [A] support order or income 05 withholding order of another state or a foreign support order may be registered in 06 this state by sending the following records [DOCUMENTS AND INFORMATION] 07 to a tribunal of this state: 08 (1) a letter of transmittal to the tribunal requesting registration and 09 enforcement; 10 (2) two copies, including one certified copy, of the order [ALL 11 ORDERS] to be registered, including any modification of the [AN] order; 12 (3) a sworn statement by the person requesting [PARTY SEEKING] 13 registration or a certified statement by the custodian of the records showing the 14 amount of any arrearage; 15 (4) the name of the obligor and, if known, 16 (A) the obligor's address and social security number; 17 (B) the name and address of the obligor's employer and any 18 other source of income of the obligor; and 19 (C) a description and the location of property in this state of the 20 obligor not exempt from execution; and 21 (5) except as otherwise provided in AS 25.25.312, the name and 22 address of the obligee and, if applicable, the [AGENCY OR] person to whom support 23 payments are to be remitted. 24 * Sec. 78. AS 25.25.602(b) is amended to read: 25 (b) On receipt of a request for registration, the registering tribunal shall file the 26 order as an order of a tribunal of another state or a foreign support order [A 27 FOREIGN JUDGMENT], together with one copy of the documents and information, 28 regardless of their form. 29 * Sec. 79. AS 25.25.602 is amended by adding new subsections to read: 30 (d) If two or more orders are in effect, the person requesting registration shall 31 (1) furnish to the tribunal a copy of every support order asserted to be in 32 effect in addition to the documents specified in this section;
01 (2) specify the order alleged to be the controlling order, if any; and 02 (3) specify the amount of consolidated arrears, if any. 03 (e) A request for a determination of which is the controlling order may be filed 04 separately or with a request for registration and enforcement or for registration and 05 modification. The person requesting registration shall give notice of the request to each 06 party whose rights may be affected by the determination. 07 * Sec. 80. AS 25.25.603 is amended to read: 08 Sec. 25.25.603. Effect of registration for enforcement. (a) A support order or 09 income withholding order issued in another state or a foreign support order is 10 registered when the order is filed in the registering tribunal of this state. 11 (b) A registered support order issued in another state or a foreign country is 12 enforceable in the same manner and is subject to the same procedures as an order issued 13 by a tribunal of this state. 14 (c) Except as otherwise provided in this chapter [AS 25.25.601 - 25.25.612], a 15 tribunal of this state shall recognize and enforce, but may not modify, a registered 16 support order if the issuing tribunal had jurisdiction. 17 * Sec. 81. AS 25.25.604 is amended to read: 18 Sec. 25.25.604. Choice of law. (a) Except as otherwise provided in (d) of 19 this section, the [THE] law of the issuing state or foreign country governs 20 (1) the nature, extent, amount, and duration of current payments under 21 a registered support order; 22 (2) [AND OTHER OBLIGATIONS OF SUPPORT AND] the 23 computation and payment of arrearages and accrual of interest on the arrearages 24 under the support order; and 25 (3) the existence and satisfaction of other obligations under the 26 support order. 27 (b) In a proceeding for arrears under a registered support order 28 [ARREARAGES], the statute of limitation [UNDER THE LAWS] of this state or of 29 the issuing state or foreign country, whichever is longer, applies. 30 * Sec. 82. AS 25.25.604 is amended by adding new subsections to read: 31 (c) A responding tribunal of this state shall apply the procedures and remedies 32 of this state to enforce current support and collect arrears and interest due on a support
01 order of another state or a foreign country registered in this state. 02 (d) After a tribunal of this state or another state determines which is the 03 controlling order and issues an order consolidating arrears, if any, a tribunal of this 04 state shall prospectively apply the law of the state or foreign country issuing the 05 controlling order, including its law on interest on arrears, on current and future 06 support, and on consolidated arrears. 07 * Sec. 83. AS 25.25.605 is amended to read: 08 Sec. 25.25.605. Notice of registration of order. (a) When a support order or 09 income withholding order issued in another state or a foreign support order is 10 registered, the registering tribunal of this state shall notify the nonregistering party. 11 The notice must be accompanied by a copy of the registered order and the documents 12 and relevant information accompanying the order. 13 (b) A [THE] notice must inform the nonregistering party 14 (1) that a registered order is enforceable as of the date of registration in 15 the same manner as an order issued by a tribunal of this state; 16 (2) that a hearing to contest the validity or enforcement of the 17 registered order must be requested within 20 days after notice unless the registered 18 order is under AS 25.25.708; 19 (3) that failure to contest the validity or enforcement of the registered 20 order in a timely manner will result in confirmation of the order and enforcement of 21 the order and the alleged arrearages and precludes further contest of that order with 22 respect to any matter that could have been asserted; and 23 (4) of the amount of alleged arrearages. 24 (c) Upon registration of an income withholding order for enforcement, the 25 support enforcement agency or the registering tribunal shall notify the obligor's 26 employer under AS 25.27. 27 * Sec. 84. AS 25.25.605 is amended by adding a new subsection to read: 28 (d) If the registering party asserts that two or more orders are in effect, a 29 notice must also 30 (1) identify the orders, the order alleged by the registering party to be 31 the controlling order, and the consolidated arrears, if any;
01 (2) notify the nonregistering party of the right to a determination of 02 which is the controlling order; 03 (3) state that the procedures provided in (b) of this section apply to the 04 determination of which is the controlling order; and 05 (4) state that failure to contest the validity or enforcement of the order 06 alleged to be the controlling order in a timely manner may result in confirmation that 07 the order is the controlling order. 08 * Sec. 85. AS 25.25.606(a) is amended to read: 09 (a) A nonregistering party seeking to contest the validity or enforcement of a 10 registered order in this state shall request a hearing within the time required by 11 AS 25.25.605 [20 DAYS AFTER THE NOTICE OF THE REGISTRATION]. The 12 nonregistering party may seek to vacate the registration, to assert a defense to an 13 allegation of noncompliance with the registered order, or to contest the remedies being 14 sought or the amount of alleged arrearages under AS 25.25.607. 15 * Sec. 86. AS 25.25.606(b) is amended to read: 16 (b) If the nonregistering party fails to contest the validity or enforcement of 17 the registered support order in a timely manner, the order is confirmed by operation 18 of law. 19 * Sec. 87. AS 25.25.607 is amended to read: 20 Sec. 25.25.607. Contest of registration or enforcement. (a) A party 21 contesting the validity or enforcement of a registered support order or seeking to 22 vacate the registration has the burden of proving one or more of the following 23 defenses: 24 (1) the issuing tribunal lacked personal jurisdiction over the contesting 25 party; 26 (2) the order was obtained by fraud; 27 (3) the order has been vacated, suspended, or modified by a later order; 28 (4) the issuing tribunal has stayed the order pending appeal; 29 (5) there is a defense under the law of this state to the remedy sought; 30 (6) full or partial payment has been made; or 31 (7) the statute of limitation under AS 25.25.604 precludes enforcement
01 of some or all of the alleged arrearages; or 02 (8) the alleged controlling order is not the controlling order. 03 (b) If a party presents evidence establishing a full or partial defense under (a) 04 of this section, the tribunal may stay enforcement of a [THE] registered support 05 order, continue the proceeding to permit production of additional relevant evidence, 06 and issue other appropriate orders. An uncontested portion of the registered support 07 order may be enforced by all remedies available under the law of this state. 08 (c) If the contesting party does not establish a defense under (a) of this section 09 to the validity or enforcement of a registered support [THE] order, the registering 10 tribunal shall issue an order confirming the order. 11 * Sec. 88. AS 25.25.608 is amended to read: 12 Sec. 25.25.608. Confirmed order. Confirmation of a registered support order, 13 whether by operation of law or after notice and hearing, precludes further contest of 14 the order with respect to a matter that could have been asserted at the time of 15 registration. 16 * Sec. 89. AS 25.25.610 is amended to read: 17 Sec. 25.25.610. Effect of registration for modification. A tribunal of this 18 state may enforce a child support order of another state registered for purposes of 19 modification in the same manner as if the order had been issued by a tribunal of this 20 state, but the registered support order may be modified only if the requirements of 21 AS 25.25.611 or 25.25.613 have been met. 22 * Sec. 90. AS 25.25.611(a) is amended to read: 23 (a) If AS 25.25.613 does not apply, upon complaint or comparable 24 pleading, a tribunal of this state may modify [AFTER] a child support order issued 25 in another state that is [HAS BEEN] registered in this state, [UNLESS THE 26 PROVISIONS OF AS 25.25.613 APPLY, THE RESPONDING TRIBUNAL OF 27 THIS STATE MAY MODIFY THAT ORDER ONLY] if, after notice and an 28 opportunity for hearing, the tribunal [IT] finds that 29 (1) the following requirements are met: 30 (A) neither the child, nor the [INDIVIDUAL] obligee who is 31 an individual, nor [, AND] the obligor resides [DO NOT RESIDE] in the
01 issuing state; 02 (B) a petitioner who is not a resident of this state seeks 03 modification; and 04 (C) the respondent is subject to the personal jurisdiction of the 05 tribunal of this state; or 06 (2) this state is the residence of the child, or a party who is an 07 individual [,] is subject to the personal jurisdiction of the tribunal and all of the parties 08 who are individuals have filed consents in a record [A WRITTEN CONSENT] in the 09 issuing tribunal providing that a tribunal of this state may modify the support order 10 and assume continuing, exclusive jurisdiction [OVER THE ORDER; HOWEVER, IF 11 THE ISSUING STATE IS A FOREIGN JURISDICTION THAT HAS NOT 12 ENACTED A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THIS 13 CHAPTER, THE WRITTEN CONSENT OF AN INDIVIDUAL RESIDING IN THIS 14 STATE IS NOT REQUIRED FOR THE TRIBUNAL TO ASSUME JURISDICTION 15 TO MODIFY THE CHILD SUPPORT ORDER]. 16 * Sec. 91. AS 25.25.611(c) is amended to read: 17 (c) A tribunal of this state may not modify any aspect of a child support order 18 that may not be modified under the law of the issuing state, including the duration of 19 the obligation of support. If two or more tribunals have issued child support orders 20 for the same obligor and child, the order that is controlling and must be recognized 21 under the provisions of AS 25.25.207 establishes the nonmodifiable aspects of the 22 support order. 23 * Sec. 92. AS 25.25.611(d) is amended to read: 24 (d) On issuance of an order by a tribunal of this state modifying a child 25 support order issued in another state, the [A] tribunal of this state becomes the tribunal 26 of continuing, exclusive jurisdiction. 27 * Sec. 93. AS 25.25.611 is amended by adding new subsections to read: 28 (f) In a proceeding to modify a child support order, the law of the state that is 29 determined to have issued the initial controlling order governs the duration of the 30 obligation of support. The obligor's fulfillment of the duty of support established by 31 that order precludes imposition of a further obligation of support by a tribunal of this
01 state. 02 (g) Notwithstanding (a) - (d) and (f) of this section and AS 25.25.201(b), a 03 tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this 04 state if 05 (1) one party resides in another state; and 06 (2) the other party resides outside the United States. 07 * Sec. 94. AS 25.25.612 is amended to read: 08 Sec. 25.25.612. Recognition of order modified in another state. If a child 09 support order issued by a [A] tribunal of this state is modified [SHALL 10 RECOGNIZE A MODIFICATION OF ITS EARLIER CHILD SUPPORT ORDER] 11 by a tribunal of another state that assumed jurisdiction under the Uniform Interstate 12 Family and Support Act, a tribunal of this state [THIS CHAPTER OR A LAW OR 13 PROCEDURE SUBSTANTIALLY SIMILAR TO THIS CHAPTER AND, UPON 14 REQUEST, EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL] 15 (1) may enforce its [THE] order that was modified only as to arrears 16 and interest [AMOUNTS] accruing before the modification; 17 (2) may [ENFORCE ONLY NONMODIFIABLE ASPECTS OF 18 THAT ORDER; 19 (3)] provide [OTHER] appropriate relief [ONLY] for violations of its 20 [THAT] order that occurred before the effective date of the modification; and 21 (3) shall [(4)] recognize the modifying order of the other state, upon 22 registration, for the purpose of enforcement. 23 * Sec. 95. AS 25.25.613(b) is amended to read: 24 (b) A tribunal of this state exercising jurisdiction as provided in this section 25 shall apply the provisions of AS 25.25.101 - 25.25.209 and 25.25.601 - 25.25.614 to 26 the enforcement or modification proceeding. AS 25.25.301 - 25.25.507, 25.25.702 - 27 25.25.714 [25.25.701], 25.25.801, and 25.25.802 do not apply, and the tribunal shall 28 apply the procedural and substantive law of this state. 29 * Sec. 96. AS 25.25 is amended by adding new sections to read: 30 Sec. 25.25.615. Jurisdiction to modify child support order of foreign 31 country. (a) Except as otherwise provided in AS 25.25.712, if a foreign country lacks
01 or refuses to exercise jurisdiction to modify its child support order under its laws, a 02 tribunal of this state may assume jurisdiction to modify the child support order and 03 bind all individuals subject to the personal jurisdiction of the tribunal, regardless of 04 whether the consent to modification of a child support order otherwise required of the 05 individual under AS 25.25.611 has been given or the individual seeking modification 06 is a resident of this state or of the foreign country. 07 (b) An order issued by a tribunal of this state modifying a foreign child 08 support order under this section is the controlling order. 09 Sec. 25.25.616. Procedure to register child support order of foreign 10 country for modification. A party or support enforcement agency seeking to modify, 11 or to modify and enforce, a foreign child support order not under the convention may 12 register that order in this state under AS 25.25.601 - 25.25.608 if the order has not 13 been registered. A complaint or comparable pleading for modification may be filed at 14 the same time as a request for registration, or at another time. The complaint or 15 comparable pleading must specify the grounds for modification. 16 * Sec. 97. AS 25.25 is amended by adding new sections to read: 17 Article 7A. Support Proceedings under Convention. 18 Sec. 25.25.702. Definitions. In AS 25.25.702 - 25.25.714, 19 (1) "application" means a request under the convention by an obligee 20 or obligor, or on behalf of a child, made through a central authority for assistance from 21 another central authority; 22 (2) "central authority" means the entity designated by the United States 23 or a foreign country described in AS 25.25.101(24)(D) to perform the functions 24 specified in the convention; 25 (3) "convention support order" means a support order of a tribunal of a 26 foreign country described in AS 25.25.101(24)(D); 27 (4) "direct request" means a complaint or comparable pleading filed by 28 an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or 29 child residing outside the United States; 30 (5) "foreign central authority" means the entity designated by a foreign 31 country described in AS 25.25.101(24)(D) to perform the functions specified in the
01 convention; 02 (6) "foreign support agreement" 03 (A) means an agreement for support in a record that 04 (i) is enforceable as a support order in the country of 05 origin; 06 (ii) has been formally drawn up or registered as an 07 authentic instrument by a foreign tribunal or authenticated by, or 08 concluded, registered, or filed with, a foreign tribunal; and 09 (iii) may be reviewed and modified by a foreign 10 tribunal; 11 (B) includes a maintenance arrangement or authentic 12 instrument under the convention; 13 (7) "United States central authority" means the United States Secretary 14 of Health and Human Services. 15 Sec. 25.25.703. Applicability. AS 25.25.702 - 25.25.714 apply only to a 16 support proceeding under the convention. In such a proceeding, if a provision of 17 AS 25.25.702 - 25.25.714 is inconsistent with AS 25.25.101 - 25.25.616, 18 AS 25.25.702 - 25.25.714 controls. 19 Sec. 25.25.704. Relationship of child support services agency to United 20 States central authority. The child support services agency of this state is recognized 21 as the agency designated by the United States central authority to perform specific 22 functions under the convention. 23 Sec. 25.25.705. Initiation by child support services agency of support 24 proceeding under convention. (a) In a support proceeding under AS 25.25.702 - 25 25.25.714, the child support services agency of this state shall 26 (1) transmit and receive applications; and 27 (2) initiate or facilitate the institution of a proceeding regarding an 28 application in a tribunal of this state. 29 (b) The following support proceedings are available to an obligee under the 30 convention: 31 (1) recognition or recognition and enforcement of a foreign support
01 order; 02 (2) enforcement of a support order issued or recognized in this state; 03 (3) establishment of a support order if there is not an existing order, 04 including, if necessary, determination of parentage of a child; 05 (4) establishment of a support order if recognition of a foreign support 06 order is refused under AS 25.25.709(b)(2), (4), or (9); 07 (5) modification of a support order of a tribunal of this state; and 08 (6) modification of a support order of a tribunal of another state or a 09 foreign country. 10 (c) The following support proceedings are available under the convention to 11 an obligor against whom there is an existing support order: 12 (1) recognition of an order suspending or limiting enforcement of an 13 existing support order of a tribunal of this state; 14 (2) modification of a support order of a tribunal of this state; and 15 (3) modification of a support order of a tribunal of another state or a 16 foreign country. 17 (d) A tribunal of this state may not require security, bond, or deposit, however 18 described, to guarantee the payment of costs and expenses in proceedings under the 19 convention. 20 Sec. 25.25.706. Direct request. (a) An individual may file a direct request 21 seeking establishment or modification of a support order or determination of parentage 22 of a child. In the proceeding, the law of this state applies. 23 (b) An individual may file a direct request seeking recognition and 24 enforcement of a support order or support agreement. In the proceeding, AS 25.25.707 25 - 25.25.714 apply. 26 (c) In a direct request for recognition and enforcement of a convention support 27 order or foreign support agreement, 28 (1) a security, bond, or deposit is not required to guarantee the 29 payment of costs and expenses; and 30 (2) an obligee or obligor who has benefited from free legal assistance 31 in the issuing country is entitled to benefit, at least to the same extent, from any free
01 legal assistance provided for by the law of this state under the same circumstances. 02 (d) An individual filing a direct request is not entitled to assistance from the 03 child support services agency. 04 (e) AS 25.25.702 - 25.25.714 do not prevent the application of laws of this 05 state that provide simplified, more expeditious rules regarding a direct request for 06 recognition and enforcement of a foreign support order or foreign support agreement. 07 Sec. 25.25.707. Registration of convention support order. (a) Except as 08 otherwise provided in AS 25.25.702 - 25.25.714, a party who is an individual or a 09 support enforcement agency seeking recognition of a convention support order shall 10 register the order in this state as provided in AS 25.25.601 - 25.25.616. 11 (b) Notwithstanding AS 25.25.311 and 25.25.602(a), a request for registration 12 of a convention support order must be accompanied by 13 (1) a complete text of the support order or an abstract or extract of the 14 support order drawn up by the issuing foreign tribunal, which may be in the form 15 recommended by the Hague Conference on Private International Law; 16 (2) a record stating that the support order is enforceable in the issuing 17 country; 18 (3) if the respondent did not appear and was not represented in the 19 proceedings in the issuing country, a record attesting, as appropriate, either that the 20 respondent had proper notice of the proceedings and an opportunity to be heard or that 21 the respondent had proper notice of the support order and an opportunity to be heard in 22 a challenge or appeal on fact or law before a tribunal; 23 (4) a record showing the amount of arrears, if any, and the date the 24 amount was calculated; 25 (5) a record showing a requirement for automatic adjustment of the 26 amount of support, if any, and the information necessary to make the appropriate 27 calculations; and 28 (6) if necessary, a record showing the extent to which the applicant 29 received free legal assistance in the issuing country. 30 (c) A request for registration of a convention support order may seek 31 recognition and partial enforcement of the order.
01 (d) A tribunal of this state may vacate the registration of a convention support 02 order without the filing of a contest under AS 25.25.708 only if, acting on its own 03 motion, the tribunal finds that recognition and enforcement of the order would be 04 manifestly incompatible with public policy. 05 (e) The tribunal shall promptly notify the parties of the registration or the 06 order vacating the registration of a convention support order. 07 Sec. 25.25.708. Contest of registered convention support order. (a) Except 08 as otherwise provided in AS 25.25.702 - 25.25.714, AS 25.25.605 - 25.25.608 apply to 09 a contest of a registered convention support order. 10 (b) A party contesting a registered convention support order shall file a contest 11 not later than 30 days after notice of the registration, but if the contesting party does 12 not reside in the United States, the contest must be filed not later than 60 days after 13 notice of the registration. 14 (c) If the nonregistering party fails to contest the registered convention support 15 order by the time specified in (b) of this section, the order is enforceable. 16 (d) A contest of a registered convention support order may be based only on 17 grounds set out in AS 25.25.709. The contesting party bears the burden of proof. 18 (e) In a contest of a registered convention support order, a tribunal of this state 19 (1) is bound by the findings of fact on which the foreign tribunal based 20 its jurisdiction; and 21 (2) may not review the merits of the order. 22 (f) A tribunal of this state deciding a contest of a registered convention 23 support order shall promptly notify the parties of its decision. 24 (g) A challenge or appeal, if any, does not stay the enforcement of a 25 convention support order unless there are exceptional circumstances. 26 Sec. 25.25.709. Recognition and enforcement of registered convention 27 support order. (a) Except as otherwise provided in (b) of this section, a tribunal of 28 this state shall recognize and enforce a registered convention support order. 29 (b) The following grounds are the only grounds on which a tribunal of this 30 state may refuse recognition and enforcement of a registered convention support order: 31 (1) recognition and enforcement of the order is manifestly
01 incompatible with public policy, including the failure of the issuing tribunal to observe 02 minimum standards of due process, which include notice and an opportunity to be 03 heard; 04 (2) the issuing tribunal lacked personal jurisdiction consistent with 05 AS 25.25.201; 06 (3) the order is not enforceable in the issuing country; 07 (4) the order was obtained by fraud in connection with a matter of 08 procedure; 09 (5) a record transmitted in accordance with AS 25.25.707 lacks 10 authenticity or integrity; 11 (6) a proceeding between the same parties and having the same 12 purpose is pending before a tribunal of this state and that proceeding was the first to be 13 filed; 14 (7) the order is incompatible with a more recent support order 15 involving the same parties and having the same purpose if the more recent support 16 order is entitled to recognition and enforcement under this chapter in this state; 17 (8) payment, to the extent alleged arrears have been paid, in whole or 18 in part; 19 (9) in a case in which the respondent neither appeared nor was 20 represented in the proceeding in the issuing foreign country, 21 (A) if the law of that country provides for prior notice of 22 proceedings, the respondent did not have proper notice of the proceedings and 23 an opportunity to be heard; or 24 (B) if the law of that country does not provide for prior notice 25 of the proceedings, the respondent did not have proper notice of the order and 26 an opportunity to be heard in a challenge or appeal on fact or law before a 27 tribunal; or 28 (10) the order was made in violation of AS 25.25.712. 29 (c) If a tribunal of this state does not recognize a convention support order 30 under (b)(2), (4), or (9) of this section, 31 (1) the tribunal may not dismiss the proceeding without allowing a
01 reasonable time for a party to request the establishment of a new convention support 02 order; and 03 (2) the child support services agency shall take all appropriate 04 measures to request a child support order for the obligee if the application for 05 recognition and enforcement was received under AS 25.25.705. 06 Sec. 25.25.710. Partial enforcement. If a tribunal of this state does not 07 recognize and enforce a convention support order in its entirety, it shall enforce any 08 severable part of the order. An application or direct request may seek recognition and 09 partial enforcement of a convention support order. 10 Sec. 25.25.711. Foreign support agreement. (a) Except as otherwise provided 11 in (c) and (d) of this section, a tribunal of this state shall recognize and enforce a 12 foreign support agreement registered in this state. 13 (b) An application or direct request for recognition and enforcement of a 14 foreign support agreement must be accompanied by 15 (1) a complete text of the foreign support agreement; and 16 (2) a record stating that the foreign support agreement is enforceable as 17 an order of support in the issuing country. 18 (c) A tribunal of this state may vacate the registration of a foreign support 19 agreement only if, acting on its own motion, the tribunal finds that recognition and 20 enforcement would be manifestly incompatible with public policy. 21 (d) In a contest of a foreign support agreement, a tribunal of this state may 22 refuse recognition and enforcement of the agreement if it finds 23 (1) recognition and enforcement of the agreement is manifestly 24 incompatible with public policy; 25 (2) the agreement was obtained by fraud or falsification; 26 (3) the agreement is incompatible with a support order involving the 27 same parties and having the same purpose in this state, another state, or a foreign 28 country if the support order is entitled to recognition and enforcement under this 29 chapter in this state; or 30 (4) the record submitted under (b) of this section lacks authenticity or 31 integrity.
01 (e) A proceeding for recognition and enforcement of a foreign support 02 agreement must be suspended during the pendency of a challenge to or appeal of the 03 agreement before a tribunal of another state or a foreign country. 04 Sec. 25.25.712. Modification of convention child support order. (a) A 05 tribunal of this state may not modify a convention child support order if the obligee 06 remains a resident of the foreign country where the support order was issued unless 07 (1) the obligee submits to the jurisdiction of a tribunal of this state, 08 either expressly or by defending on the merits of the case, without objecting to the 09 jurisdiction at the first available opportunity; or 10 (2) the foreign tribunal lacks or refuses to exercise jurisdiction to 11 modify its support order or issue a new support order. 12 (b) If a tribunal of this state does not modify a convention child support order 13 because the order is not recognized in this state, AS 25.25.709(c) applies. 14 Sec. 25.25.713. Personal information; limit on use. Personal information 15 gathered or transmitted under AS 25.25.702 - 25.25.714 may be used only for the 16 purposes for which it was gathered or transmitted. 17 Sec. 25.25.714. Record original language; English translation. A record 18 filed with a tribunal of this state under AS 25.25.702 - 25.25.714 must be in the 19 original language and, if not in English, must be accompanied by an English 20 translation. 21 * Sec. 98. AS 25.25.801(a) is amended to read: 22 (a) The governor or a designee of the governor may 23 (1) demand that the governor of another state surrender an individual 24 found in the other state who is charged criminally in this state with having failed to 25 provide for the support of an obligee; or 26 (2) on the demand of [BY] the governor of another state, surrender an 27 individual found in this state who is charged criminally in the other state with having 28 failed to provide for the support of an obligee. 29 * Sec. 99. AS 25.25.802(a) is amended to read: 30 (a) Before making a demand that the governor of another state surrender an 31 individual charged criminally in this state with having failed to provide for the support
01 of an obligee, the governor of this state or the designee of the governor may require a 02 prosecutor of this state to demonstrate that the obligee had initiated proceedings for 03 support under this chapter at least 60 days previously or that the proceeding would be 04 of no avail. 05 * Sec. 100. AS 25.25.802(b) is amended to read: 06 (b) If, under this chapter or a law substantially similar to this chapter, or the 07 former provisions of this chapter, [THE UNIFORM RECIPROCAL 08 ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM 09 RECIPROCAL ENFORCEMENT OF SUPPORT ACT,] the governor of another state 10 makes a demand that the governor of this state surrender an individual charged 11 criminally in that state with having failed to provide for the support of a child or other 12 individual to whom a duty of support is owed, the governor or a designee of the 13 governor may require a prosecutor to investigate the demand and report whether a 14 proceeding for support has been initiated or would be effective. If it appears that a 15 proceeding would be effective but has not been initiated, the governor or designee 16 may delay honoring the demand for a reasonable time to permit the initiation of a 17 proceeding. 18 * Sec. 101. AS 25.25.901 is amended to read: 19 Sec. 25.25.901. Uniformity of application and construction. In applying 20 and construing this [THIS] chapter consideration must be given to the need to 21 promote uniformity of [SHALL BE APPLIED AND CONSTRUED TO 22 EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM] the law with 23 respect to its [THE] subject matter [OF THIS CHAPTER] among states that enact 24 [ENACTING] it. 25 * Sec. 102. AS 25.25.101(7), 25.25.205(f), 25.25.206(c), 25.25.301(b), 25.25.401(c), and 26 25.25.701 are repealed. 27 * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 APPLICABILITY. This Act applies to proceedings begun on or after the effective 30 date of this section to establish a support order or determine parentage of a child or to register, 31 recognize, enforce, or modify a prior support order, determination, or agreement, whenever
01 issued or entered. 02 * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 TRANSITION: REGULATIONS. The Department of Revenue may adopt regulations 05 necessary to implement the changes made by this Act. The regulations take effect under 06 AS 44.62 (Administrative Procedure Act), but not before July 1, 2015. 07 * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 10 (1) heading of art. 4 of AS 25.25 from "Establishment of Support Order" to 11 "Establishment of Support Order or Determination of Parentage"; 12 (2) heading of art. 5 of AS 25.25 from "Direct Enforcement of Order of 13 Another State Without Registration" to "Enforcement of Support Order Without 14 Registration"; 15 (3) heading of art. 6 of AS 25.25 "Enforcement and Modification of Support 16 Order After Registration" to "Registration, Enforcement, and Modification of Support Order"; 17 (4) catch line for AS 25.25.102 from "Tribunals of this state" to "State tribunal 18 and support enforcement"; 19 (5) catch line for AS 25.25.205 from "Continuing, exclusive jurisdiction" to 20 "Continuing, exclusive jurisdiction to modify child support order"; 21 (6) catch line for AS 25.25.206 from "Enforcement and modification of 22 support order by tribunal having continuing jurisdiction" to "Continuing jurisdiction to 23 enforce child support order"; 24 (7) catch line for AS 25.25.207 from "Recognition of controlling child support 25 order" to "Determination of controlling child support order"; 26 (8) catch line for AS 25.25.302 from "Action by minor parent" to "Proceeding 27 by minor parent"; 28 (9) catch line for AS 25.25.401 from "Complaint to establish support order" to 29 "Establishment of support order"; 30 (10) catch line for AS 25.25.606 from "Procedure to contest validity or 31 enforcement of registered order" to "Procedure to contest validity or enforcement of
01 registered support order"; 02 (11) catch line for AS 25.25.902 from "Severability clause" to "Severability." 03 * Sec. 106. Section 104 of this Act takes effect immediately under AS 01.10.070(c). 04 * Sec. 107. Except as provided in sec. 106 of this Act, this Act takes effect July 1, 2015.