reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 25. Uniform Interstate Family Support Act › Article 7. Support Proceedings under Convention. › Sec. 25.25.712. Modification of convention child support order.

(a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless
(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case, without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, AS 25.25.709(c) applies.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 25. Uniform Interstate Family Support Act › Article 7. Support Proceedings under Convention. › Sec. 25.25.714. Record original language; English translation.

A record filed with a tribunal of this state under AS 25.25.702 - 25.25.714 must be in the original language and, if not in English, must be accompanied by an English translation.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 25. Uniform Interstate Family Support Act › Article 8. Interstate Rendition. › Sec. 25.25.801. Grounds for rendition.

(a) The governor or a designee of the governor may
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(b) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 25. Uniform Interstate Family Support Act › Article 8. Interstate Rendition. › Sec. 25.25.802. Conditions of rendition.

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state or the designee of the governor may require a prosecutor of this state to demonstrate that the obligee had initiated proceedings for support under this chapter at least 60 days previously or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, or the former provisions of this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor or a designee of the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor or designee may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor or the designee of the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor or designee may decline to honor the demand if the individual is complying with the support order.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 25. Uniform Interstate Family Support Act › Article 9. Miscellaneous Provisions. › Sec. 25.25.902. Severability.

Under AS 01.10.030, if a provision of this chapter or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.022. Establishment and enforcement requests from other states.

(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 enforce against obligors within this state support obligations determined in other states.
(b) Except for requests for assistance made under (c) of this section or AS 25.25.501, requests from child support enforcement agencies in other states shall be made by application containing the information that this state's agency requires and including written authorization from the requesting state agency and the obligee for this state's agency to initiate necessary action.
(c) Requests from a child support agency of another state for assistance in enforcing support orders through high-volume automated administrative enforcement may be made by electronic or other means and must include the information required by 42 U.S.C. 666(a)(14).
(d) An employer receiving an income withholding order from a child support agency of another state shall comply with the choice of law provisions of AS 25.25.502(d), 25.25.503, and 42 U.S.C. 666(b)(6)(A)(i)(V).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.040. Determination of paternity.

(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, it shall request and pay for genetic testing and procedures under AS 25.20.050(e) and may recover the costs of the testing as provided in AS 25.20.050(f).
(b) The agency may not attempt to establish paternity in any case
(1) involving incest or forcible rape, unless the mother of the child is legally competent and requests the establishment of paternity; in this paragraph, “forcible rape” means sexual assault in the first degree under AS 11.41.410 or a conviction under a law or ordinance from another jurisdiction with similar elements; “forcible rape” includes adjudications of delinquency for acts with elements similar to AS 11.41.410;
(2) when legal proceedings for adoption are pending; or
(3) when it would not be in the best interests of the children or the state.
(c) When the agency is a party in a court action in which paternity is contested, the agency shall move for a default judgment in a case that meets the conditions specified in AS 25.20.050(g).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.045. Determination of support obligation.

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, is also being administered, and may also appear in an action seeking modification of a support order, decree, or judgment already entered. Action under this section may be undertaken upon application of an obligee, or at the agency's own discretion if the obligor is liable to the state under AS 25.27.120(a) or (b).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.061. Payment of support to 18-year-olds.

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 dependent with a parent, guardian, or designee of the parent or guardian, may provide for the support to be paid directly to the child upon terms and conditions considered appropriate by the court or agency.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.063. Medical support order.

(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 support order to the employer. If the agency has notice that the parent has changed or will be changing employment and is or will be eligible for family health coverage through the new employer, the agency shall send a copy of the medical support order to the new employer.
(c) An employer who receives a copy of a medical support order under (b) of this section
(1) shall allow the employee named in the order to enroll the child under the family coverage without regard to restrictions relating to enrollment periods if the child is otherwise eligible and is not already enrolled under the family coverage;
(2) shall, if the employee fails to apply for enrollment of a child under (1) of this subsection, enroll the child under the employee's family coverage upon application by the child's other parent or custodian, the child support services agency, or the Department of Health;
(3) may not disenroll or eliminate coverage of the child while the employee is still employed by the employer unless the employer has eliminated family health coverage for all of its employees or has received written evidence that
(A) the employee is no longer required by court order or administrative order to provide the child's insurance coverage; or
(B) the child is or will be enrolled in comparable health coverage through another insurer that will take effect not later than the effective date of the disenrollment or elimination of coverage; and
(4) shall withhold from the employee's compensation the employee's share, if any, of premiums for health coverage to the extent permitted under 15 U.S.C. 1673(b) (Consumer Credit Protection Act) and pay the withheld amount to the appropriate insurer; if federal regulations allow the employer to withhold less than the employee's share of the insurance premium, the employer may withhold the lesser amount and pay it to the appropriate insurer.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.065. Waiver of child support.

(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 to receive support on behalf of an obligee, is not enforceable unless
(1) the agreement is put in writing at the time the agreement is made; and
(2) the agreement is signed at the time it is made by both the obligor and the person acting for the obligee.
(b) When the right to receive child support has been assigned to a governmental entity, an agreement under (a) of this section that has not been adopted as an administrative order of the agency is not effective during a period when the obligee is receiving assistance under AS 47.27.
(c) In a separation, dissolution, or divorce proceeding, a court may not accept a waiver of support by a custodial parent without proof that the custodial parent can support the needs of the child adequately.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.070. Order to assign wages for support.

(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 to assign to the custodian of the child that portion of salary or wages of either parent due them currently and in the future sufficient to pay the amount ordered by the court for the support, maintenance, nurture, and education of the child.
(b) The order of assignment is binding upon an employer upon service of a copy of the order upon the employer and until further order of the court. The employer may, for each payment made under the order, deduct $1 from other wages or salary owed to the employee.
(c) The assignment made under court order has priority as against an attachment, execution, or other assignment unless otherwise ordered by the court.
(d) An employer may not terminate an employee's employment because wages of the employee are subject to an order under this section.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.080. Enforcement of support orders.

(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 petitioning the court for orders to aid in the enforcement of child support.
(c) The determination or enforcement of a duty of support is unaffected by any interference by the custodian of the child with rights of custody or visitation granted by a court. When the agency appears on behalf of a child in an action seeking to establish or enforce support, the court may not adjudicate custody, visitation, or property rights in the same action.
(d) An order of arrest may not be issued in the enforcement of child support unless the court has reason to believe that the obligor may flee the jurisdiction or unless the obligor has been ordered to appear in the action and has failed to do so.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.085. Subpoenas.

(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 child under AS 25.27.166.
(b) An administrative subpoena issued under this section shall be served in the manner provided for service of liens under AS 25.27.240. Proof of service may be completed according to Rule 5, Alaska Rules of Civil Procedure.
(c) A person who is issued an administrative subpoena shall be provided an opportunity to refuse to comply with it for good cause by filing a request for a conference with the agency in this state in the manner and within the time specified in regulations adopted by the agency. Good cause shall be limited to mistake in identity of the person or to a prohibition under law to release such information.
(d) After a conference requested under (c) of this section, the agency shall issue an order on the request relating to good cause. If the person continues to refuse to comply with the administrative subpoena, the agency in this state shall issue an order to impose a civil penalty of $10 for each day of noncompliance with the subpoena.
(e) An order imposing a civil penalty under this section is a final administrative decision and may be appealed under AS 25.27.210.
(f) This section does not limit the ability of the agency to make other lawful requests for information.
(g) If a person fails to comply with a subpoena issued under this section, the agency may apply to the court for an order to compel obedience by proceedings for contempt as if the subpoena had been issued by a court.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.086. Subpoenas issued by agency of another state.

(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
(A) financial or other information needed to establish, modify, or enforce a support order; or
(B) information needed to determine or disestablish the paternity of a child under the laws of the state in which the subpoena was issued; and
(2) the issuing agency complied with AS 25.27.085(b).
(b) The procedures in or adopted under AS 25.27.085(c) and (d) apply to a person who is issued a subpoena described in (a) of this section.
(c) The child support services agency of this state shall enforce a subpoena described in (a) of this section and shall provide the opportunity for conference and issue any order under AS 25.27.085(c) and (d) on behalf of the issuing agency. AS 25.27.085(e) applies to an order under this subsection.
(d) The penalties provided in AS 25.27.085 apply regarding a subpoena described in (a) of this section.
(e) Nothing in this section limits the ability of a child support enforcement agency of another state to make other lawful requests for information in this state.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.100. All persons may use agency.

(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.]
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.103. Payments to agency.

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 support in accordance with state and federal requirements. The agency may characterize a support payment physically received by the agency through wage withholding during the last five business days of the month as having been received on the first day of the next calendar month if the agency determines that the payment was made in the course of regular wage withholding intended for the next calendar month. The agency shall credit money disbursed under this section toward satisfaction of the obligor's duty of support.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.105. Audit of collections.

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 audit shall include the date and amount of each payment, the name of the obligee, and the total amount of arrearages of support past due and amount of unpaid penalties and interest imposed under AS 25.27.020(a)(2)(B). The agency is required to provide only one audit each year for each obligee and obligor under this section.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.107. Certification of arrears.

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 support order in an amount more than four times the monthly obligation under the order in cases where a payment schedule has not been established for payment of continuing support and accumulated arrears under the support order; or
(2) in arrears under a payment schedule in an amount more than four times the monthly obligation under the payment schedule if a payment schedule has been established for payment of continuing support and accumulated arrears under the support order.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.120. Obligor liable for public assistance furnished obligee.

(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 exceed the amount of support provided for in the support order, and, if a medical order of support has been entered, the liability of the obligor for assistance granted under AS 47.07 may not exceed the amount of support provided for in the medical order of support.
(b) An obligor is liable to the state in the amount of the cost incurred if the state is maintaining a child to whom the obligor owes a duty of support in a foster home or institution, except that if a support order has been entered, or an agreement for payment of that cost executed between the obligor and the state, the liability of the obligor may not exceed the amount provided in the support order or agreement.
(c) Within 30 days after the agency knows the identity and address of an obligor who resides in the state and who is liable to the state under this section, the agency shall send written notification by certified mail to the obligor and the obligee of the obligor's accruing liability and that the obligor shall make child support payments to the agency. The notice required under this subsection must be in clear, concise, and easily readable language. The notice may accompany other communications by the agency.
(d) If the agency fails to comply with (c) of this section, interest does not accrue on the liability to the state unless a support order or medical support order, as applicable, has been entered.
(e) The agency's failure to comply with (c) of this section does not bar an action by the state to recover amounts owed by the obligor.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.125. Accounting and disposition of federal receipts and agency collections.

(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 appropriations to the Department of Revenue to carry out the purposes of AS 25.27.020.
(b) The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to carry out the purposes of AS 47.14.100 - 47.14.130 and AS 47.27.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.130. Subrogation of state.

(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) enforce by execution, in accordance with AS 25.27.230 - 25.27.270, or otherwise, a support order entered in favor of the obligee.
(b) To establish or enforce an order of support, including, if applicable, a medical support order, based on the subrogation of the state, the agency is not limited to the amount of assistance being granted to the child.
(c) The recovery of any amount for which the obligor is liable that exceeds the total assistance granted under AS 47.07 and AS 47.27 shall be paid to the obligee.
(d) Except as provided in (f) of this section, if the obligee is not receiving assistance under AS 47.07 or AS 47.27 at the time the state recovers money in an action under this section, the recovery of any amount for which the obligor is liable shall be distributed to the obligee for support payments, including medical support payments, that have become due and unpaid since the termination of assistance under AS 47.07 or AS 47.27 under a support order in favor of the obligee.
(e) After payment to the obligee under (d) of this section, the state may retain an amount not to exceed the total unreimbursed assistance paid on behalf of the obligee under AS 47.07 or AS 47.27.
(f) Notwithstanding (d) of this section, the state shall, if required under federal law or regulations, distribute amounts recovered through offset of the obligor's federal tax refund as past due support with first distribution to the state for unpaid support assigned to the state under AS 47.07.025 and AS 47.27.040.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.135. Limitation on actions to establish child support obligation.

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 prevailing on the abatement motion.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.140. Authority and procedures to administratively establish and enforce support obligation.

(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 support utilizing the procedure prescribed in AS 25.27.230 - 25.27.270. Action under this subsection may be undertaken upon application of an obligee, or at the agency's own discretion if the obligor is liable to the state under AS 25.27.120(a) or (b).
(b) If a support order has been entered, the agency may enforce the support order utilizing the procedures prescribed in AS 25.27.062, 25.27.150, and 25.27.230 - 25.27.270.
(c) Unless the agency is establishing only a medical support order, a decision of the agency determining a duty of support shall include an income withholding order as provided under AS 25.27.062.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.150. Initiation of administrative enforcement of orders; required notice.

(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 order without prior notice to the obligor. At the time of execution, the agency shall serve a notice of income withholding on the obligor. Notice under this subsection shall be served upon the obligor by certified mail to the obligor's last known address, and service is complete when the notice is properly addressed, certified, and mailed.
(b) The notice must state the amount of the overdue support that is owed, if any, and the amount of income that will be withheld.
(c) The notice shall inform the obligor that income withholding has been ordered and of the procedures to follow if the obligor wishes to contest withholding on the grounds that the withholding is improper due to a mistake of fact. The notice must also inform the obligor of the information that was provided to the employer in the document that ordered the withholding.
(d) If the obligor requests a hearing, it shall be conducted under the department's regulations for informal conferences and shall be held within 15 days of the date of the request. The hearing may only be held to determine if there is a mistake of fact that makes the income withholding order improper because the amount of current or overdue support is incorrect, the identity of the obligor is inaccurate, or, for initiated withholding based on AS 25.27.062(c)(3)(A), the alleged facts regarding overdue payments or potential withdrawal of assets are incorrect. The order is not subject to any other legal defenses. It is not a defense to an income withholding order issued under AS 25.27.062(c)(2) that less than one full month's payment is past due if at least one full month's payment was past due on the date notice was served under this section.
(e) The conference officer shall inform the obligor of the informal conference decision either at the informal conference hearing or within 15 days after the hearing.
(f) If the conference officer determines that withholding will continue, the obligor may request a formal hearing as provided in the department's regulations.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.166. Disestablishment of paternity.

(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 set out in AS 25.20.050(d) at the time the test was performed; or
(2) an acknowledgment of paternity under AS 25.20.050 or an admission of paternity under AS 25.27.165.
(b) The agency's standards and procedures under (a) of this section must
(1) allow a person to petition the agency to disestablish paternity only once per child;
(2) allow a petition to disestablish paternity to be brought only within three years after the child's birth or three years after the petitioner knew or should have known of the father's putative paternity of the child, whichever is later; and
(3) provide standards and notice and hearing procedures that are equivalent to those used for establishment of paternity under AS 25.27.165.
(c) The agency shall disestablish paternity under this section if genetic test results are negative under the standard set out in AS 25.20.050(d) and if the other standards established in its regulations are met.
(d) If a decision under this section disestablishes paternity, the petitioner's child support obligation or liability for public assistance under AS 25.27.120 is modified retroactively to extinguish arrearages for child support and accrued liability for public assistance based on the alleged paternity that is disestablished under this section. This subsection may be implemented only to the extent not prohibited by federal law.
(e) The costs of genetic testing under this section shall be assessed against the petitioner if paternity is not disestablished. If paternity is disestablished under this section, the costs of genetic testing shall be assessed against
(1) the individual to whom the petitioner paid or owed child support payments for the child for whom paternity was disestablished; or
(2) the agency if there is no individual who meets the description in (1) of this subsection.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.167. Contempt of order for genetic testing.

(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) of this section, the court shall issue an order directing the person to appear and show cause why the person should not be punished for contempt. The order and a copy of the certified statement shall be served on the person in the manner required for service of court orders to show cause.
(c) After service under (b) of this section, the court has jurisdiction of the matter brought under this section.
(d) The law of this state applicable to contempt of a court order applies to a proceeding for contempt of an order for genetic testing brought under this section.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.170. Hearings in administrative action to establish support duty.

(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 responsibility.
(b) If a request for a formal hearing under (a) of this section is made, the execution under AS 25.27.062 and 25.27.230 - 25.27.270 may not be stayed unless the obligor posts security or a bond in the amount of child support that would have been due under the finding of financial responsibility pending the decision on the hearing. If no request for a hearing is made, the finding of responsibility is final at the expiration of the 30-day period.
(c) If a hearing is requested, it shall be held within 30 days of the date of service of the request for hearing on the agency.
(d) Except as provided in (g) of this section, the hearing officer shall determine the amount of periodic payments necessary to satisfy the past, present, and future liability of the alleged obligor under AS 25.27.120, if any, and under any duty of support imposable under the law. The amount of periodic payments determined under this subsection is not limited by the amount of any public assistance payment made to or for the benefit of the child.
(e) The hearing officer shall consider the following in making a determination under (d) of this section:
(1) the needs of the alleged obligee, disregarding the income or assets of the custodian of the alleged obligee;
(2) the amount of the alleged obligor's liability to the state under AS 25.27.120 if any;
(3) the intent of the legislature that children be supported as much as possible by their natural parents;
(4) the ability of the alleged obligor to pay.
(f) Except as provided in (g) of this section, if the alleged obligor requesting the hearing fails to appear at the hearing, the hearing officer shall enter a decision declaring the property and income of the alleged obligor subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 in the amounts stated in the notice and finding of financial responsibility.
(g) If the agency is establishing only a medical support order, the hearing officer shall enter a decision about the parents' respective responsibilities for the child's health care expenses that complies with the requirements of AS 25.27.060(c).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.180. Administrative findings and decision.

(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 order only is being established, the amount of periodic payments or sum for which the alleged obligor is found to be responsible; and
(2) the parents' respective responsibilities for the costs of the child's health care; this medical support order must be in compliance with AS 25.27.060(c).
(b) Liability to the state under AS 25.27.120 is limited to the amount for which the obligor is found to be responsible under (a) of this section.
(c) A decision regarding support rendered under (a) of this section is modified to the extent that a subsequent order, judgment, or decree of a superior court is inconsistent with the decision entered under (a) of this section.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.190. Modification of administrative finding or decision.

(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 entered with regard to future periodic support payments. In addition, the agency may initiate a modification and grant a hearing under (c) - (e) of this section.
(b) The agency shall grant a hearing upon a petition made under (a) of this section if affidavits submitted with the petition make a showing of good cause and material change in circumstances sufficient to justify action under (e) of this section.
(c) If a hearing is granted, the agency shall serve a notice of hearing together with a copy of any petition and affidavits submitted on the obligee or the obligee's custodian and the obligor personally or by registered, certified, or insured mail, return receipt requested, for restricted delivery only to the person to whom the notice is directed or to the person authorized under federal regulation to receive that person's restricted delivery mail.
(d) A hearing shall be set not less than 15 nor more than 30 days from the date of mailing of notice of hearing, unless extended for good cause.
(e) Modification or termination of future periodic support payments may be ordered upon a showing of good cause and material change in circumstances. The adoption or enactment of guidelines or a significant amendment to guidelines for determining child support is a material change in circumstances, if the guidelines are relevant to the petition. As necessary to comply with 42 U.S.C. 666, a periodic modification of child support may be made without a showing of a material change in circumstances if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.193. Periodic review or adjustment of support orders.

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 notice of the right to request review, procedures for hearings, and standards for adjustments regarding future periodic support payments. A modification under this section may be made without a showing of a material change in circumstances.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.194. Processing time for modification of support orders.

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 obligors' responsibilities.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.195. Relief from administrative order.

(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 25.27.160 that was based on a default amount rather than on the obligor's actual ability to pay.
(c) Before an order may be corrected or vacated under (a) or (b) of this section, the agency must send notice of the intended action to the obligor and the custodian and provide an adequate opportunity for the obligor and custodian to be heard on the issue.
(d) If an order is vacated under (b) of this section, the agency may at the same time issue a new order establishing a support amount, based on information about the obligor's income or on the Alaska average wage standard, for periods of time covered by the previous order. Upon issuance of the new order, the agency may adjust the obligor's account to reflect the support amounts established in the new order. In no case may the agency adjust the obligor's account below zero.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.200. Use of standards in administrative determinations of support amounts.

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 payments used by the superior court of the district of residence of the obligor.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.210. Judicial review of administrative decisions and actions.

(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 court governing appeals in civil matters. A notice of appeal shall be filed within 30 days after the decision.
(b) The complete record of the proceedings, or the parts of it that the appellant designates, shall be prepared by the agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost.
(c) The complete record includes
(1) the notice and finding of financial responsibility, the notice of paternity and financial responsibility, or the notice of and petition for an action disestablishing paternity, as applicable;
(2) the request for a hearing;
(3) the decision of the hearing officer;
(4) the exhibits admitted or rejected;
(5) the written evidence;
(6) all other documents in the case, including decisions of the agency.
(d) Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall be followed when this chapter is silent, and when not in conflict with this chapter.
(e) The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an agency proceeding. If agency action is unlawfully or unreasonably withheld, the superior court may compel the agency to initiate action.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.220. Procedure in judicial reviews.

(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 prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.
(c) The court may exercise its independent judgment on the evidence. If it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by
(1) the weight of the evidence; or
(2) substantial evidence in the light of the whole record.
(d) The court may augment the agency record in whole or in part, or hold a hearing de novo. If the court finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing, the court may
(1) enter judgment as provided in (e) of this section and remand the case to be reconsidered in the light of that evidence; or
(2) admit the evidence at the appellate hearing without remanding the case.
(e) The court shall enter judgment setting aside, modifying, remanding, or affirming the decision, without limiting or controlling in any way the discretion legally vested in the agency.
(f) The court in which proceedings under this section are started may stay the operation of the decision until
(1) the court enters judgment;
(2) a notice of further appeal from the judgment is filed; or
(3) the time for filing the notice of appeal expires.
(g) A stay may not be imposed or continued if the court is satisfied that it is against the public interest.
(h) If further appeal is taken, the supreme court may, in its discretion, stay the superior court judgment or agency order.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.225. Support payment obligations as judgments.

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 action under AS 25.27.226 to establish a judgment for support payments ordered by a court of this state that are delinquent.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 27. Child Support Services Agency › Sec. 25.27.226. Collection of past due support.

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 specifies the amounts past due and the dates they became past due; and (3) notice of the obligor's right to respond. Service on the obligor must be in the manner provided in AS 25.27.265. The child's custodian, or the agency on behalf of the custodian, shall file with the court proof of service of the petition, affidavit, and notice. The obligor shall respond no later than 15 days after service by filing an affidavit with the court. If the obligor's affidavit states that the obligor has paid any of the amounts claimed to be delinquent, describes in detail the method of payment or offers any other defense to the petition, then the obligor is entitled to a hearing. After the hearing, if any, the court shall enter a judgment for the amount of money owed. If the obligor does not file an affidavit under this section, the court shall enter a default judgment against the obligor.