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