Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
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…
AS 25.27.244 Adverse action against delinquent obligor's occupational license.
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(a) The agency shall compile and maintain a list of obligors who are not in substantial compliance with a support order or payment schedule negotiated under (g)(1) of this section. The agency may not include an obligor on the list unless the agency has sent to the obligor, at the…
AS 25.27.246 Adverse action against delinquent obligor's driver's license.
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(a) The agency shall compile and maintain a list of obligors who have a driver's license, and either (1) are not in substantial compliance with a support order, or (2) whose names are required to be placed on the list under (p)(2) of this section. The agency may not include an ob…
AS 25.27.250 Order to withhold and deliver.
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(a) Without prior notice to the obligor, the agency may issue to any person, including an entity, political subdivision, or state agency, an order to withhold and deliver property under this section; the order may be issued (1) immediately upon issuance of an income withholding o…
AS 25.27.253 Earnings subject to an order or lien.
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(a) A person, political subdivision, or department of the state shall withhold the earnings of the obligor subject to an order or lien at each succeeding interval of payment until the entire amount of the debt stated in the order to withhold and deliver has been withheld. (b) An …
AS 25.27.255 Disposition of payments under income withholding orders.
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(a) The agency shall pay to the obligee all money recovered by the agency from the obligor under an income withholding order except for court costs and money assigned to the agency under AS 25.27.120 — 25.27.130. However, if there is more than one income withholding order under t…
AS 25.27.260 Civil liability upon failure to comply with an order or lien.
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(a) If a person, political subdivision, or department of the state (1) fails to make an answer to an order to withhold and deliver within the time prescribed in AS 25.27.250; (2) fails or refuses to deliver property in accordance with an order issued under AS 25.27.250; (3) pays …
AS 25.27.265 Method of service; notification of change of address.
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(a) Except as otherwise provided under this chapter, when a notice, paper, or other document is required by this chapter to be given or served upon a person by the agency, the notice, paper, or other document may be served as required by Rule 5, Alaska Rules of Civil Procedure or…
AS 25.27.270 Judicial relief from administrative execution.
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Any person against whose property a lien has been recorded under AS 25.27.230 or an order to withhold and deliver served in accordance with AS 25.27.250 may apply for relief to the superior court.
AS 25.27.273 Reporting of payment information concerning delinquent obligors.
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(a) The agency may provide to credit bureaus or lending institutions of any kind information about delinquent support owed by obligors. The information provided must consist solely of the payment history of the obligor. (b) Upon an obligor's payment of delinquent support, the age…
AS 25.27.275 Nondisclosure of information in exceptional circumstances.
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Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the party or child o…
AS 25.27.278 Payments not disbursed.
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Support payments collected and held by the agency for seven years without disbursal shall be returned to the obligor.
AS 25.27.279 Voiding of fraudulent transfers made to avoid payment of child support.
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In addition to the rights provided in AS 09.25.060, if a transfer of personal or real property is made by an obligor without immediate delivery and the actual continuing change of possession of the property transferred, the transfer of the property is presumed prima facie to be f…
AS 25.27.280 Severability: Alternative when method of notification held invalid.
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If any provision of this chapter or the application of it to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the pr…
AS 25.27.300 Requests pertaining to remarriage.
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The agency shall, at the request of a person who is an obligor under a support order enforced by the agency that includes support for a parent with whom a child is living or at the request of a child support enforcement agency of another jurisdiction that is enforcing a support o…
AS 25.27.320 Interest on agency return of certain overpayments.
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(a) If the agency disburses money to an obligor because the agency made an error and mistakenly required the obligor to overpay under a support order enforced by the agency, the agency shall include interest with the disbursement at the rate of six percent a year. The interest ac…
AS 25.27.900 Definitions.
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In this chapter, (1) “agency” means the child support services agency; (2) “arrearage” means a debt that is past due and equal to at least one monthly obligation under the support order for one or more of the following: (A) monetary support; (B) cash medical support; (C) payment …
AS 25.30.010 Secs. 25.30.010 — 25.35.230. Uniform Child Custody Jurisdiction Act. [Repealed, § 4 ch 133 SLA 1998.]
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[Repealed or reserved.]
AS 25.30.300 Initial child custody jurisdiction.
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(a) Except as otherwise provided in AS 25.30.330, a court of this state has jurisdiction to make an initial child custody determination only if (1) this state is the home state of the child on the date of the commencement of the proceeding; (2) this state was the home state of th…
AS 25.30.310 Exclusive, continuing jurisdiction.
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(a) Except as otherwise provided in AS 25.30.330, a court of this state that has made a child custody determination consistent with AS 25.30.300 or 25.30.320 has exclusive, continuing jurisdiction over the determination until (1) a court of this state determines that neither the …
AS 25.30.320 Jurisdiction to modify determination.
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Except as otherwise provided in AS 25.30.330, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under AS 25.30.300(a)(1), (2), or (3) and (1) the court…
AS 25.30.330 Temporary emergency jurisdiction.
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(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with…
AS 25.30.340 Notice; opportunity to be heard; joinder.
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(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with AS 25.30.840 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state,…
AS 25.30.350 Simultaneous proceedings.
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(a) Except as otherwise provided in AS 25.30.330, a court of this state may not exercise its jurisdiction under AS 25.30.300 — 25.30.390 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been previously commenced in a cour…
AS 25.30.360 Inconvenient forum.
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(a) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appr…
AS 25.30.370 Jurisdiction declined because of conduct.
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(a) Except as otherwise provided in AS 25.30.330, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in wrongful conduct, the court shall decline to exercise its jurisdiction unless (1) the parents and all persons a…
AS 25.30.380 Information to be submitted to court.
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(a) Subject to a contravening court order, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child ha…
AS 25.30.390 Appearance of parties and child.
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Article 2. Enforcement. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court personally with or without the child. The court may order a person who is in this state and who has physical cust…
AS 25.30.400 Enforcement under the Hague Convention.
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Under AS 25.30.400 — 25.30.590, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if the order were a child custody determination.
AS 25.30.410 Duty to enforce.
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(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the court of the other state exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the…
AS 25.30.420 Temporary visitation.
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(a) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child custody determination of another state t…
AS 25.30.430 Registration of child custody determination.
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(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state (1) a letter or other document requesting registration; (2) two copies, …
AS 25.30.440 Enforcement of registered determination.
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(a) A court of this state may grant relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify except in accordance with AS 2…
AS 25.30.450 Simultaneous proceedings.
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If a proceeding for enforcement under AS 25.30.400 — 25.30.590 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under provisions subs…
AS 25.30.460 Expedited enforcement of child custody determination.
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(a) A petition under AS 25.30.400 — 25.30.590 must be verified. A certified copy, or a copy of a certified copy, of the orders sought to be enforced and of an order, if any, confirming registration must be attached to the petition. (b) A petition for enforcement of a child custod…
AS 25.30.470 Service of petition and order.
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Except as otherwise provided in AS 25.30.490, the petition and order shall be served, by a method authorized by the law of this state, on the respondent and a person who has physical custody of the child.
AS 25.30.480 Hearing and order.
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(a) Unless the court issues a temporary emergency order under AS 25.30.330, on a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent esta…
AS 25.30.490 Warrant to take physical custody of child.
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(a) On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely either to suffer serious physical harm or to …
AS 25.30.500 Costs, fees, and expenses.
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(a) To the extent authorized by court rules, the court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses,…
AS 25.30.510 Recognition and enforcement.
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A court of this state shall give full faith and credit to an order issued by another state consistent with this chapter if the order enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdi…
AS 25.30.520 Appeals.
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An appeal taken from a final order in a proceeding under AS 25.30.400 — 25.30.590 shall be given calendar priority to the extent allowed for other civil appellate cases and shall be handled expeditiously. Unless the court enters a temporary emergency order under AS 25.30.330, the…
AS 25.30.590 Definitions.
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Article 3. Miscellaneous Provisions. In AS 25.30.400 — 25.30.590, (1) “petitioner” means a person who seeks enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody deter…
AS 25.30.800 Proceedings governed by other law.
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(a) This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (b) A child custody proceeding that pertains to an Indian child as defined in 25 U.S.C. 1901 — 1963 (Indian Child Welfare Act of 1978) is…
AS 25.30.810 International application of chapter.
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(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying AS 25.30.400 — 25.30.590. (b) Except as provided in (c) of this section, a child custody determination made in a foreign country under factual circumstan…
AS 25.30.820 Effect of child custody determination.
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A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served notice under Rule 4, Alaska Rules of Civil Procedure, who have been notified under AS 25.30.840, or who have submitted to the jurisdiction o…
AS 25.30.830 Priority.
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If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, on request of a party, shall be given priority on the calendar and handled expeditiously.
AS 25.30.840 Notice to persons outside the state.
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(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given under Rule 4, Alaska Rules of Civil Procedure, or in a manner prescribed by the law of the state in which the service is made. Notice shall be given in a manner reasonably calcul…
AS 25.30.850 Appearance and limited immunity.
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(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely becaus…
AS 25.30.860 Communication between courts.
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be give…