Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
AS 25.27.010 Creation of child support services agency.
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There is created in the Department of Revenue the child support services agency.
AS 25.27.020 Duties and responsibilities of the agency.
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(a) The agency shall (1) seek enforcement of child support orders of the state in other jurisdictions and shall obtain, enforce, and administer the orders in this state; (2) adopt regulations to carry out the purposes of this chapter and AS 25.25, including regulations that estab…
AS 25.27.022 Establishment and enforcement requests from other states.
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(a) The agency may act, under the laws of this state, upon requests from similar state agencies in other states that operate child support enforcement programs under 42 U.S.C. 651 — 669 (Title IV-D Social Security Act) to establish or disestablish paternity and to establish and e…
AS 25.27.025 Rate of interest.
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The rate of interest imposed under AS 25.27.020(a)(2)(B) shall be six percent a year or a lesser rate that is the maximum rate of interest permitted to be imposed under federal law.
AS 25.27.030 Establishment of fund.
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There is established in the state general fund a continuing, revolving, reserve account to receive collections and make the authorized disbursements of the agency.
AS 25.27.040 Determination of paternity.
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(a) The agency may appear on behalf of minor children or their mother or legal custodian or the state and initiate efforts to have the paternity of children born out of wedlock determined by the court. When the agency is a party to a court action in which paternity is contested, …
AS 25.27.045 Determination of support obligation.
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The agency may appear in an action seeking an award of support on behalf of a child owed a duty of support, or to enforce a spousal support order if a spousal support obligation has been established and if a support obligation, established with respect to a child of that spouse, …
AS 25.27.050 Legal assistance.
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The agency shall contract with the Department of Law to provide needed legal services.
AS 25.27.060 Order of support.
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(a) Unless otherwise provided under AS 25.24.910 or AS 25.27.061, an order of support establishes a relationship by which the custodian of the child is the administrator for the purposes of administering child support on behalf of the child. The court shall carefully consider the…
AS 25.27.061 Payment of support to 18-year-olds.
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A judgment, court order, or order of the agency under this chapter that provides for child support to be paid for the care of an unmarried 18-year-old child who is actively pursuing a high school diploma or an equivalent level of technical or vocational training while living as a…
AS 25.27.062 Income withholding order for support.
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(a) Unless the court or agency is establishing only a medical support order, a judgment, court order, or order of the agency under this chapter providing for support must contain an income withholding order. Except as provided in (m) of this section, the income withholding order …
AS 25.27.063 Medical support order.
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(a) [Repealed, § 23 ch 106 SLA 2000.] (b) If a parent who is required to provide health care coverage under a medical support order is eligible for family health coverage through an employer, the court or agency issuing the medical support order shall send a copy of the medical s…
AS 25.27.065 Waiver of child support.
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(a) A custodian of a child, including a custodial parent, owes a duty to that child to ensure that child support is paid by a noncustodial parent who is obligated to pay it. An agreement to waive past or future child support, made between an obligor and a person who is entitled t…
AS 25.27.070 Order to assign wages for support.
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(a) In a proceeding in which the court has ordered either or both parents to pay for the support of a child, the court may, on its own motion or motion of a party or the agency on behalf of a party, after notice and an opportunity for hearing, order either parent or both parents …
AS 25.27.075 Employment information.
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(a) An employer doing business in the state shall report to the agency the hiring, rehiring, or return to work of each employee. The report shall be made within the time limits set out in (b) of this section. The report must contain the name, address, and social security number o…
AS 25.27.080 Enforcement of support orders.
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(a) A court order requiring payment of child support shall be modified to order payments be made to the agency upon application. (b) The agency on behalf of the custodian or the state shall take all necessary action permitted by law to enforce child support orders, including peti…
AS 25.27.085 Subpoenas.
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(a) The agency may subpoena persons, books, records, and documents to (1) obtain any financial or other information needed to establish, modify, or enforce a child support order; (2) determine the paternity of a child under AS 25.27.165; or (3) disestablish the paternity of a chi…
AS 25.27.086 Subpoenas issued by agency of another state.
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(a) If the child support enforcement agency of another state issues a subpoena regarding persons, books, records, or documents in this state, the subpoena must be complied with as if it were issued by this state's child support services agency if (1) the subpoena is for obtaining…
AS 25.27.090 Reducing arrears to judgment. [Repealed, § 24 ch 126 SLA 1977. Formerly AS 47.23.090.]
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[Repealed or reserved.]
AS 25.27.095 Agency exempt from execution.
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Execution may not issue against money held in the fund established under AS 25.27.030.
AS 25.27.100 All persons may use agency.
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(a) The agency shall provide aid to any person due child support under the laws of this state upon application. The agency may, by regulation, impose a fee for services provided under this chapter. (b) [Repealed, § 148 ch 87 SLA 1997.]
AS 25.27.103 Payments to agency.
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An obligor shall make child support payments to the agency if the agency is enforcing a duty of child support under AS 25.25 or this chapter. The agency shall disburse that portion of a payment that exceeds the amount of money necessary to satisfy the obligor's immediate duty of …
AS 25.27.105 Audit of collections.
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Within 30 working days after receipt of a written request from an obligor, the obligor's legal representative, the obligee, or the obligee's legal representative, the agency shall provide an audit of all child support payments made by the obligor and received by the agency. The a…
AS 25.27.107 Certification of arrears.
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Within 30 days after receipt of a written request from an obligee or an obligee's personal representative, the agency shall provide the obligee with a document that certifies whether or not the obligor was, at the end of the most recent calendar year, (1) in arrears under the sup…
AS 25.27.110 [Renumbered as AS 25.27.900.]
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[Repealed or reserved.]
AS 25.27.120 Obligor liable for public assistance furnished obligee.
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(a) An obligor is liable to the state in the amount of assistance granted under AS 47.07 and AS 47.27 to a child to whom the obligor owes a duty of support except that, if a support order has been entered, the liability of the obligor for assistance granted under AS 47.27 may not…
AS 25.27.125 Accounting and disposition of federal receipts and agency collections.
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(a) Federal incentive payments received by the state under 42 U.S.C. 658 shall be deposited in the general fund and the commissioner of administration shall separately account for the payments. The annual estimated balance in the account may be used by the legislature to make app…
AS 25.27.130 Subrogation of state.
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(a) If the obligor is liable to the state under AS 25.27.120(a) or (b), the state is subrogated to the rights of the obligee to (1) bring an action in the superior court seeking an order of support; (2) proceed under AS 25.27.160 — 25.27.270 to establish a duty of support; or (3)…
AS 25.27.135 Limitation on actions to establish child support obligation.
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If the same causes of action concerning a duty of child support are pending concurrently in court and before the agency, the second action filed may be abated upon the motion of a party or the agency. The court or the agency may award full costs and attorney fees to the party pre…
AS 25.27.140 Authority and procedures to administratively establish and enforce support obligation.
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(a) If a support order has not been entered, the agency may establish paternity and a duty of support, which may include periodic payments of support, a medical support order, or both, utilizing the procedures prescribed in AS 25.27.160 — 25.27.220 and may enforce a duty of suppo…
AS 25.27.150 Initiation of administrative enforcement of orders; required notice.
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(a) If an arrearage occurs under a support order being enforced by the agency for which immediate income withholding is not required under AS 25.27.062(a) or an application is made to the agency for withholding under AS 25.27.062(d), the agency may execute an income withholding o…
AS 25.27.160 Initiation of administrative action to establish support duty; required notice.
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(a) An action to establish a duty of support authorized under AS 25.27.140(a) is initiated by the agency serving on the alleged obligor a notice and finding of financial responsibility. The notice and finding served under this subsection shall be served personally or by registere…
AS 25.27.165 Determination of paternity in an administrative proceeding.
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(a) Upon application from a mother, custodian, putative father, or legal custodian of a child, or from a state, the agency may institute administrative proceedings to determine the paternity of a child born out of wedlock. (b) In order to initiate a paternity proceeding administr…
AS 25.27.166 Disestablishment of paternity.
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(a) The agency shall, by regulation, establish procedures and standards for the disestablishment of paternity of a child whose paternity was established in this state other than by court order if the paternity was not established by (1) genetic test results that met the standard …
AS 25.27.167 Contempt of order for genetic testing.
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(a) If a person who is located in this state fails to comply with an order for genetic testing issued by the agency in this state, or the tribunal of another state, the agency in this state may certify the facts to the superior court of this state. (b) Upon certification under (a…
AS 25.27.170 Hearings in administrative action to establish support duty.
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(a) A person served with a notice and finding of financial responsibility is entitled to a hearing if a request in writing for a hearing is served on the agency by registered mail, return receipt requested, within 30 days of the date of service of the notice of financial responsi…
AS 25.27.180 Administrative findings and decision.
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(a) Within 20 days after the date of the hearing, the hearing officer shall adopt findings and a decision determining whether paternity is established and whether a duty of support exists, and, if a duty of support is found, the decision must specify (1) unless a medical support …
AS 25.27.190 Modification of administrative finding or decision.
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(a) Unless a support order has been entered by a court and except as provided in AS 25.25, the obligor, or the obligee or the obligee's custodian, may petition the agency or its designee for a modification of the administrative finding or decision of responsibility previously ent…
AS 25.27.193 Periodic review or adjustment of support orders.
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As necessary to comply with 42 U.S.C. 666, the agency, by regulation, shall provide procedures and standards for the modification, through a three-year cycle of review or adjustment, of a support order. Regulations adopted under this section must include procedures for periodic n…
AS 25.27.194 Processing time for modification of support orders.
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The agency shall use its best efforts to process modifications of support orders under AS 25.27.190 and 25.27.193 in a manner that will result in the same average processing time for modifications that increase obligors' responsibilities as for modifications that decrease obligor…
AS 25.27.195 Relief from administrative order.
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(a) A clerical mistake in an administrative order issued by the agency or an error arising from an oversight or omission by the agency may be corrected by the agency at any time. (b) The agency may, at any time, vacate an administrative support order issued by the agency under AS…
AS 25.27.200 Use of standards in administrative determinations of support amounts.
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In making its findings under AS 25.27.160 and in establishing and modifying amounts of periodic support payments under AS 25.27.180 and 25.27.190, the agency shall consider the standards adopted by regulation under AS 25.27.020 and any standards for determination of support payme…
AS 25.27.210 Judicial review of administrative decisions and actions.
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(a) Judicial review by the superior court of a final administrative decision establishing or disestablishing paternity and establishing or modifying a duty of support or amounts of support due may be obtained by filing a notice of appeal in accordance with the applicable rules of…
AS 25.27.220 Procedure in judicial reviews.
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(a) An appeal shall be heard by the superior court sitting without a jury. (b) Inquiry in an appeal extends to the following questions: (1) whether the agency has proceeded without or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a pre…
AS 25.27.225 Support payment obligations as judgments.
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A support order ordering a noncustodial parent obligor to make periodic support payments to the custodian of a child is a judgment that becomes vested when each payment becomes due and unpaid. The custodian of the child, or the agency on behalf of that person, may take legal acti…
AS 25.27.226 Collection of past due support.
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To collect the payment due, the custodian of a child, or the agency on behalf of that person, shall file with the court (1) a motion requesting establishment of a judgment; (2) an affidavit that states that one or more payments of support are 30 or more days past due and that spe…
AS 25.27.227 Nature of remedies.
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AS 25.27.225 and 25.27.226 provide remedies in addition to and not as a substitute for any other remedies available to the parties.
AS 25.27.228 Court costs.
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The court may order an obligor to pay all court costs involved in a proceeding resulting in a court order described in AS 25.27.225, and in a proceeding under AS 25.27.226.
AS 25.27.230 Assertion, recording, and effect of lien.
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(a) The agency shall assert a lien upon the real or personal property of the obligor in the amount of the obligor's liability if an arrearage occurs under a support order being enforced by the agency. (b) A lien recorded under this section has no effect against earnings, or bank …
AS 25.27.240 Service of lien.
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(a) The agency of this state or another state, or a party or other entity seeking to enforce a child support obligation, may, at any time after recording of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political subdivision, or department of the s…