Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
AS 25.25.010 Secs. 25.25.010 — 25.25.100. [Repealed, § 21 ch 57 SLA 1995.]
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Article 1. General Provisions.
AS 25.25.101 Definitions.
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In this chapter, (1) “child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent; (2) “child support or…
AS 25.25.102 State tribunal and support enforcement.
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(a) The superior court and the child support services agency are the tribunals of this state. (b) The child support services agency created in AS 25.27.010 is the support enforcement agency of this state.
AS 25.25.103 Remedies cumulative.
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(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity. (b) This chapter does not (1) provide the exclusive method of establishing or enforcing a support orde…
AS 25.25.104 Application of this chapter to resident of foreign country and foreign support proceeding.
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(a) A tribunal of this state shall apply AS 25.25.101 — 25.25.616 and, as applicable, AS 25.25.702 — 25.25.714, to a support proceeding involving (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribuna…
AS 25.25.110 Secs. 25.25.110 — 25.25.200. [Repealed, § 21 ch 57 SLA 1995.]
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Article 2. Jurisdiction.
AS 25.25.201 Bases for jurisdiction over nonresident.
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(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if (1) the individual is personally served with …
AS 25.25.202 Duration of personal jurisdiction.
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Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…
AS 25.25.203 Initiating and responding tribunal of this state.
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Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
AS 25.25.204 Simultaneous proceedings.
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(a) A tribunal of this state may exercise jurisdiction to establish a support order if the complaint or comparable pleading is filed after a complaint or comparable pleading is filed in another state or a foreign country only if (1) the complaint or comparable pleading in this st…
AS 25.25.205 Continuing, exclusive jurisdiction to modify child support order.
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(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and, (1) at the time of the filing of a reque…
AS 25.25.206 Continuing jurisdiction to enforce child support order.
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(a) A tribunal of this state that has issued a child support order consistent with the laws of this state may serve as an initiating tribunal to request a tribunal of another state to enforce (1) the order if the order is the controlling order and has not been modified by a tribu…
AS 25.25.207 Determination of controlling child support order.
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(a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and shall be recognized. (b) If a proceeding is brought under this chapter and two or more child support orders have been issued by …
AS 25.25.208 Child support orders for two or more obligees.
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In responding to registrations or complaints for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, when at least one of the orders was issued by a tribunal of another state or a foreign co…
AS 25.25.209 Credit for payments.
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A tribunal of this state shall credit amounts collected for a particular period under any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a for…
AS 25.25.210 Secs. 25.25.210 — 25.25.270. [Repealed, § 21 ch 57 SLA 1995.]
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[Repealed or reserved.]
AS 25.25.280 Application of this chapter to nonresident subject to personal jurisdiction.
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A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state under AS 25.25.316, comm…
AS 25.25.281 Continuing, exclusive jurisdiction to modify spousal support order.
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Article 3. Civil Provisions of General Application. (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b…
AS 25.25.301 Proceedings under this chapter.
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(a) Except as otherwise provided in this chapter, AS 25.25.301 — 25.25.319 apply to all proceedings under this chapter. (b) [Repealed, § 32 ch 102 SLA 2015.] (c) An individual or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a comp…
AS 25.25.302 Proceeding by minor parent.
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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
AS 25.25.303 Application of law of this state.
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Except as otherwise provided in this chapter, a responding tribunal of this state shall (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proce…
AS 25.25.304 Duties of initiating tribunal.
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(a) Upon the filing of a complaint or comparable pleading authorized by this chapter, an initiating tribunal of this state shall forward the complaint or comparable pleading and its accompanying documents (1) to the responding tribunal or appropriate support enforcement agency in…
AS 25.25.305 Duties and powers of responding tribunal.
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(a) When a responding tribunal of this state receives a complaint or comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it shall cause the complaint or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tri…
AS 25.25.306 Inappropriate tribunal.
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If a complaint or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the complaint or pleading, and accompanying documents, to an appropriate tribunal in this state or another state and notify the petitioner where and when the c…
AS 25.25.307 Duties of child support services agency.
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(a) The child support services agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (b) In providing services under this chapter to the petitioner, the child support services agency of this state shall (1) take all steps n…
AS 25.25.308 Duty of the Department of Revenue.
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(a) If the Department of Revenue determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Department of Revenue may order the agency to perform its duties under this chapter or may provide those services directly to the in…
AS 25.25.309 Private counsel.
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An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
AS 25.25.310 Duties of state information and locator agency.
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The child support services agency is the state information agency under this chapter, and it shall (1) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and the appropriate agency offices in this sta…
AS 25.25.311 Pleadings and accompanying documents.
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(a) In a proceeding under this chapter, a petitioner seeking to establish a support order to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country shall file a complaint or comparable pleading. Unless otherwis…
AS 25.25.312 Nondisclosure of information in exceptional circumstances.
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If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…
AS 25.25.313 Costs and fees.
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(a) Notwithstanding any other provision of law, including a rule of the Alaska Supreme Court, at the time a complaint or comparable pleading is filed under this chapter, a tribunal may not require the petitioner to pay a filing fee or other costs. (b) If an obligee prevails, a re…
AS 25.25.314 Limited immunity of petitioner.
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(a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedi…
AS 25.25.315 Nonparentage as defense.
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A party whose parentage of a child has been previously determined under law may not plead nonparentage as a defense to a proceeding under this chapter.
AS 25.25.316 Special rules of evidence and procedure.
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(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document s…
AS 25.25.317 Communications between tribunals.
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A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding.…
AS 25.25.318 Assistance with discovery.
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A tribunal of this state may (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
AS 25.25.319 Receipt and disbursement of payments.
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Article 4. Establishment of Support Order or Determination of Parentage. (a) The child support services agency of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency shall furnish to a requesting party or tribunal of…
AS 25.25.401 Establishment of support order.
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(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if (1) the individual seeking the order resides outside this state; or (2) the support …
AS 25.25.402 Proceeding to determine parentage.
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Article 5. Enforcement of Support Order Without Registration. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially …
AS 25.25.501 Employer's receipt of income withholding order of another state.
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An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under AS 25.27 without first filing a complaint or comparable pleading or registering the order wi…
AS 25.25.502 Employer's compliance with income withholding order of another state.
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(a) Upon receipt of an order under AS 25.25.501, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income withholding order issued in another state that appears regular on its face as if it were issued by a tribun…
AS 25.25.503 Employer's compliance with two or more income withholding orders.
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If an obligor's employer receives two or more orders to withhold support from the earnings of the same obligor, the employer shall be considered to have satisfied the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employ…
AS 25.25.504 Immunity from civil liability.
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An employer that complies with an income withholding order issued in another state in accordance with AS 25.25.501 — 25.25.505 is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
AS 25.25.505 Penalties for noncompliance.
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An employer that wilfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
AS 25.25.506 Contest by obligor.
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(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in AS 25.25.601 — 2…
AS 25.25.507 Administrative enforcement of orders.
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Article 6. Registration, Enforcement, and Modification of Support Order. (a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for re…
AS 25.25.601 Registration of order for enforcement.
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A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
AS 25.25.602 Procedure to register order for enforcement.
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(a) Except as provided in AS 25.25.707, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to a tribunal of this state: (1) a letter of transmittal to the tribunal requesting reg…
AS 25.25.603 Effect of registration for enforcement.
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(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another state or a foreign country is enforceable in the sa…
AS 25.25.604 Choice of law.
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(a) Except as otherwise provided in (d) of this section, the law of the issuing state or foreign country governs (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interes…