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    Alaska State Law

    1. General Program-At-A-Glance

    1. How many local child support offices are in your state excluding agencies with cooperative agreements?
    1 in Anchorage
    2. What is the name of your IV-D agency?
    Child Support Services Division
    3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
    Both, Alaska uses both administrative and judicial process to establish support obligations. The administrative process is generally used to establish an order when there is no existing order. CSSD rarely uses the judicial process to establish an order. The judicial process is often used when parents seek a child support order without the assistance of the child support agency. We do use judicial actions for collection of child support from sources that require it. (ANCSA) AS 25.27.160 and 165
    For Additional Information - No Link Provided
    4. Does your state use the following applications: EDE, CSENET, QUICK?
    Yes

    2. Duration Of Support

    1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
    If the order does not specify otherwise the order duration is 18. It can be extended to age 19 or the date of graduation, whichever comes first, if unmarried and pursuing a high school diploma or equivalent level of technical or vocational training & residing with custodial parent, guardian or designee of the parent or guardian. The order will require modification to add Post Majority support language if not already in the order. AS 25.20.010,AS 25.24.140(a)(3), 25.24.170(a)
    For Additional Information - exit disclaimer
    2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
    18
    For Additional Information - No Link Provided
    3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
    No
    For Additional Information - No Link Provided
    4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
    Yes, Limited support provisions for disabled children and other allowances as stated in the court order.
    For Additional Information - No Link Provided
    5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
    The child is married according to law, unless the child is under the marriageable age of consent as defined in AS 25.05.171(a); is legally emancipated by a court or other tribunal of competent jurisdiction; or enters the United States armed forces. http://www.akleg.gov/basis/aac.asp#15.125.873
    For Additional Information - No Link Provided
    6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
    No
    7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
    Yes, Support obligations are adjusted in accordance with the language in the order. Orders issued in a state other than Alaska listing a flat rate amount of support will not automatically be adjusted. For Alaska orders established in accordance with 90.3, the obligation will be adjusted in accordance with 90.3 (as well as under 15 AAC 125.873)
    8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
    No

    3. Statute Of Limitations

    1. What is your state's statute of limitations for the collection of past-due support?
    No statute of limitations on the collection of child support arrears. (AS § 25.27.225)
    For Additional Information - exit disclaimer
    2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
    18, age of majority.
    For Additional Information - No Link Provided
    3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
    Yes, administrative garnishment procedures may be used without reviving or renewing the support order. However, collection by a judicial remedy, such as writ of execution, requires a showing of good cause before executing on a judgment that is more than five years old.
    For Additional Information - No Link Provided

    4. Support Details

    1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
    Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases. Alaska Civil Rule 90.3
    For Additional Information - No Link Provided
    2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
    Yes, 6% (AS 25.27.025)
    For Additional Information - No Link Provided
    3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
    Yes, (15 AAC 125.840)
    For Additional Information - No Link Provided
    4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
    No
    For Additional Information - No Link Provided
    5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
    Yes, if reduced to judgment
    6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
    N/A, Alaska child support orders follow the child and payments can be redirected
    For Additional Information - No Link Provided
    6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
    Only if the paying parent is now the person with the child(ren) on TANF.
    For Additional Information - No Link Provided
    7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
    No
    For Additional Information - No Link Provided
    8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
    Yes
    For Additional Information - No Link Provided
    9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
    Yes, Only under Alaska Administrative orders. 15 AAC 125.870. Suspension or termination of ongoing support
    For Additional Information - No Link Provided

    5. Paternity/Parentage

    1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
    No
    For Additional Information - No Link Provided
    2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
    95%
    For Additional Information - No Link Provided
    3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
    AS 18.50.165
    For Additional Information - No Link Provided
    4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
    Yes
    For Additional Information - No Link Provided
    5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
    Yes
    For Additional Information - No Link Provided
    6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
    No
    7. What, if any, is the agency name and link for your state's putative fathers' registry?
    N/A
    For Additional Information - No Link Provided
    8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
    A copy of CSSDs Paternity Order, copy of State of Alaska birth certificate, copy of CSSDs Paternity Witness Statement, copy of General Testimony.
    For Additional Information - No Link Provided
    9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
    No
    For Additional Information - No Link Provided
    9.1. Describe any circumstances under which these fees may be waived?
    N/A
    For Additional Information - No Link Provided
    10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
    No
    11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
    N/A
    12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
    A separate Declaration in Support of Establishing Parentage in one packet

    6. Support Order Establishment

    1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
    Alaska uses both administrative and judicial process to establish support obligations.
    1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
    The administrative process is generally used to establish an order when there is no existing order. AS 25.27.160 and 165
    For Additional Information - No Link Provided
    1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
    CSSD rarely uses the judicial process to establish an order. The judicial process is often used when parents seek a child support order without the assistance of the child support agency.
    For Additional Information - No Link Provided
    2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
    Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases.
    For Additional Information - No Link Provided
    2.1. What documentation is required as proof/evidence of this information?
    In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case.
    3. What criteria for rebutting your presumptive guidelines have been established in your state?
    The amount of child support due under Alaska's child support guidelines may be varied for "good cause upon proof by clear and convincing evidence that manifest injustice would result" if the amount due under the guidelines was not varied.
    For Additional Information - No Link Provided
    4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
    Yes, Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application for services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier.
    For Additional Information - No Link Provided
    4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
    In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case.
    For Additional Information - No Link Provided
    4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
    Yes
    4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
    Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application for services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier.
    For Additional Information - No Link Provided
    5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
    No
    For Additional Information - No Link Provided
    5.1. What about when public assistance is not being expended?
    No
    6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
    Modification
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    7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
    Yes, if the support order is issued from Alaska court. If administrative, no
    For Additional Information - No Link Provided

    7. Income Withholding

    1. What are specific sources of income not subject to withholding?
    Exempt funds such as TANF, SSI, VA disability and Native Dividends without an Alaskan court order specifically authorizing the garnishment of the Native Dividend. If the court order is obtained, the Native Dividends can only be paid to the custodian and not used for a State debt.
    For Additional Information - No Link Provided
    2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
    Yes
    For Additional Information - No Link Provided
    2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
    Yes
    For Additional Information - No Link Provided
    2.2. What are the withholding limits for non-employees?
    Self-employment is withheld the same as employees.
    For Additional Information - No Link Provided
    3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
    Employers may charge $5.00
    For Additional Information - No Link Provided
    4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
    Yes, Process server fees and genetic testing fees.
    For Additional Information - No Link Provided
    5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
    Yes
    For Additional Information - No Link Provided
    5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
    First pay period following receipt of the withhold order.
    For Additional Information - No Link Provided
    6. When must an employer remit amounts withheld from an employee's pay?
    Within 7 business days.
    For Additional Information - No Link Provided
    7. What are your state's sanctions for employers for not implementing income withholding?
    First step, Reminder Letter; Second step, Demand Letter; Third step, Seek Non-Compliance prosecution through the Department of Law.
    For Additional Information - No Link Provided
    7.1. What are the penalties to an employer for failure to remit payments withheld?
    Could be liable for full amount of arrears and costs (penalty) The state may seek damages for improper retention or payment of funds that should have been withheld, plus fines and attorney fees.
    For Additional Information - No Link Provided
    8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
    No
    For Additional Information - No Link Provided
    8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
    We need to receive a Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record.
    For Additional Information - No Link Provided
    9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
    No
    For Additional Information - No Link Provided
    9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
    We need to receive a Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record.
    10. How does a noncustodial parent contest an income withholding in your state?
    Request for Administrative Review.
    For Additional Information - No Link Provided
    11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    Prorated Split per ratio
    12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
    Federal, state, and local income tax Social Security tax or the equivalent contribution to an alternate plan established by a public employer, and self-employment tax Medicare tax Mandatory union dues Mandatory retirement or pension plans Voluntary retirement or pension plan contributions up to 7.5% of gross wages and self-employment income Medical Costs Cost of support for prior children in the home Work-related childcare for children on case income is being calculated for Child support owed for prior child(ren) that is required by court or administrative proceedings Alimony for former spouses that is required by court or administrative proceedings and actually paid.
    For Additional Information - No Link Provided
    13. When does your state require the employer to send notice of an employee's termination?
    Promptly after receiving notice of resignation from the employee or upon termination.
    For Additional Information - No Link Provided
    14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
    Cases with no or former assistance: current mso to family, then arrears, then former assistance, other state, then fees. Cases with current assistance: current mso to state assistance, then arrears, then fees. Cases owed to other state or tribal tanf: current mso to other state or tribal tanf, then arrears, then fees.
    For Additional Information - No Link Provided

    8. Distribution

    1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
    No
    2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
    No
    3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
    Family first (DRA)
    4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
    By percentage
    4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
    By percentage
    For Additional Information - No Link Provided

    9. Enforcement

    1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
    FIDM UIB PFDO
    2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
    We need a transmittal 1, order, pay history and a CSENet for those we interface with.
    3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
    Arrears of $1,000 or more
    For Additional Information - No Link Provided
    4. To which credit bureaus does your state report a noncustodial parent's child support information?
    Experian, Transunion, Equifax
    5. Is the method for credit bureau reporting judicial, administrative, or both?
    Administrative
    6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
    Yes, Client must dispute through the credit bureau
    7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    No
    8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    Yes, If there is at least $150.00 owed to the state of Alaska or $500.00 owed to the custodial parent, the obligor is then reported for offset.
    9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    No
    10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    Yes, There is no minimum. Any arrears that is owed and is a match
    11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
    No
    12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
    Yes, $1,000 minimum
    13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
    No
    14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
    Administrative
    15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
    No
    For Additional Information - No Link Provided
    16. Is the financial institution attachment process in your state centralized and/or automated?
    Centralized
    17. What are the criteria to attach an account in a financial institution in your state?
    A minimum of 4 times the MSO or $1,000.
    18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
    No
    For Additional Information - No Link Provided
    19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
    Transmittal 3 - Copy of order a certified pay record.
    20. Does your state's income withholding definition include amounts in financial institutions?
    No
    For Additional Information - No Link Provided
    21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
    Yes, The state will notify the non custodial parent.
    For Additional Information - No Link Provided
    22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
    It is according to each financial institutions policies.
    For Additional Information - No Link Provided
    23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
    The State will hold assets during the challenge or appeal time frame. The State will hold for 25 days. (15 AAC 125.463 for joint accounts)
    For Additional Information - No Link Provided
    24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
    It is not different for joint accounts. 100 of assets is eligible for attachment.
    For Additional Information - No Link Provided
    25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
    Submit a request for administrative review within 15 days.
    For Additional Information - No Link Provided
    26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
    No
    For Additional Information - No Link Provided
    27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
    There must be a valid child support order. Other State orders musted be registered before we can enforce licensing. The amount owed is four times the monthly support obligation, and the arrears exceed $1,000. The noncustodial parent is not making payments under an income withholding order issued by the agency or a payment agreement. A good address is on file for the noncustodial parent
    For Additional Information - No Link Provided
    28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
    Upon receiving the initial payment and signed agreement, the caseworker will provide the obligor a copy of a release of license and an affidavit for reinstatement. The obligor will take the documents to the DMV and pay any additional fees in order to get the license reinstated. Hardship exemption 15 AAC 125.630
    29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
    No
    30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
    There must be a valid child support order Other State orders musted be registered before we can enforce licensing The amount owed is four times the monthly support obligation, and the arrears exceed $1,000 The noncustodial parent is not making payments under an income withholding order issued by the agency or a payment agreement A good address is on file for the noncustodial parent All professional and occupational licenses
    31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
    Upon receiving the initial payment and signed agreement, the caseworker will provide the licensing entity notification of reinstatement of license. Hardship exemption 15 AAC 125.630
    32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
    No
    33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
    N/A
    34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
    N/A
    35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
    No
    For Additional Information - No Link Provided
    36. What are the criteria for initiating/filing a lien in your state?
    12 months of arrears or $2,500 in arrears, whichever is less.
    For Additional Information - No Link Provided
    37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
    Administrative
    38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
    Yes, both administrative and judicial procedures. The administrative procedure is used to seize funds, such as those found on a person, when they are arrested and held by the police. When seizing property such as construction equipment, airplanes or other personal property, a judgment is obtained for the amount of past due child support, then a writ of execution is obtained upon the property to be seized.
    For Additional Information - No Link Provided
    39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
    No
    40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
    Race winnings
    40.1. If yes, is this enforcement judicial, administrative, or both?
    Administrative
    41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
    N/A
    42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
    Court Orders to collect retirement and ANCSA money

    10. Modification And Review/Adjustment

    1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
    Every Three years. For administrative orders, 15 AAC 125.321(b)(2)(C). For judicial orders, 15 AAC 125.326(a)(4)
    For Additional Information - No Link Provided
    2. What is your state's modification procedure? Briefly describe.
    The party requesting a modification of an administrative order issued by the agency must provide proof that a significant change in circumstances (a change of at least 15% +/-) has occurred before the agency will schedule a modification if the administrative order is less than three years old, or the agency has completed a review within the past three years. If the requesting party provides proof of a change of more than 15%, the agency will schedule and modify the administrative order. The agency does not modify orders issued by or registered in a court of this state at the request of a parent, they must petition the court at their own expense. The agency will modify an order issued by or registered in a court of this state if support is owed to the state, or another state (Interstate cases at the request of the other state), or other circumstances that may justify modification such as incarceration of the paying parent.
    For Additional Information - No Link Provided
    3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
    A change of at least 15% from the present order
    For Additional Information - No Link Provided
    4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

    For Additional Information - No Link Provided
    4.1. The earnings of the noncustodial parent have substantially increased or decreased.
    Yes
    4.2. The earnings of the custodial parent have substantially increased or decreased.
    Yes
    4.3. The needs of a party or the child(ren) have substantially increased or decreased.
    Yes
    For Additional Information - No Link Provided
    4.4. The cost of living has changed.
    No
    4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
    Yes
    4.6. There has been a substantial change in childcare expenses.
    No
    4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
    N/A
    For Additional Information - No Link Provided
    5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
    No
    6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
    Yes
    For Additional Information - No Link Provided

    11. Lump Sum Payments

    1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
    Alaska does not define lump sum payment.
    For Additional Information - No Link Provided
    2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
    No
    For Additional Information - No Link Provided
    3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
    Yes, AK will attach different types of lump sum payments.

    12. Cost Recovery And Fees

    1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
    No. Per page 2.5-3 of the Alaska State Plan, we do not recover these costs.
    1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
    N/A
    2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
    Yes, The obligor is given credit for the child support paid and the custodians payment is reduced by the other state cost recovery.
    3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
    We charge the fee on cases which have met the criteria. We collect it from the custodian with the first child support collection after the $550 is paid to her.
    3.1. Is it retained by the state from support collected?
    Yes
    3.2. Is it paid by the individual applying for child support services?
    No
    3.3. Is it recovered from the noncustodial parent?
    No
    3.4. Is it paid by the state out of its state funds?
    No

    13. Insurance Match

    1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    No
    For Additional Information - No Link Provided
    2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
    If the obligor has not already entered into a payment agreement with the state and there is debt owed we will attach any type of claim or policy we find in the obligor's name.
    3. What process does your state use to intercept insurance payments?
    We use the property IWO (15 AAC 125.410)
    For Additional Information - No Link Provided
    4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
    Through our agency. We would need the Initiating Transmittal sent to the Central Registry address (the only Child Support office in Alaska). Specifically ask for workers compensation attachment.
    For Additional Information - No Link Provided
    5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
    Yes

    14. Family Violence

    15. CSENet

    1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
    Yes
    2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
    Yes
    3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
    Yes
    4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
    Yes
    5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
    Yes
    6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
    Yes

    16. Copies Of Orders And Payment Records

    1. What are the procedures and associated costs for obtaining a certified copy of a court order?
    Certified administrative order are obtained by request with a transmittal 3 Certified court orders must be requested through the district court
    For Additional Information - No Link Provided
    2. What are the procedures and associated costs for obtaining a certified payment record?
    Pay records are requested through CSENet or a Transmittal 3 and there is no cost associated
    For Additional Information - No Link Provided

    17. Uniform Interstate Family Support Act (UIFSA)

    1. What is the statutory citation for your state's enactment of UIFSA?
    AS 25.25.001-903
    For Additional Information - No Link Provided
    2. How does your state define the tribunal (See UIFSA 103)?
    15 AAC 125.900 "tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage
    For Additional Information - No Link Provided
    3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
    One
    4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
    Yes, we image documents as we are paperless.

    18. International - Reciprocity

    1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
    Canada (only the Following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory),American Samoa, Australia, England, Germany, Guam, Norway, Poland, Ireland, Sweden, Netherlands, the Czech Republic and Slovak Republic.
    2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
    No
    3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
    Yes

    19. International Information For Hague Convention Countries

    1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
    Complete text
    For Additional Information - No Link Provided
    2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
    Yes, pay records
    3. What methods of personal service does your state use?
    Personal service methods include certified mail/restricted delivery/return receipt, and service by a licensed process server or Alaska State Trooper. AS 25.27.160(a)
    4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
    Medical credits and/or debits can be included as add-ons to the child support guidelines amount. Alaska Civil Rule 90.3(d)(1); 15 AAC 125.085(a).
    For Additional Information - No Link Provided
    5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
    No
    6. What circumstances will cause your state to end child support before the normal duration?
    Adoption, deceased child/payee/payor, marriage, military service, court ordered emancipation
    For Additional Information - No Link Provided

    20. International Payments

    1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
    Currently, the SDU sends out payments to foreign countries via paper checks. No foreign payments are received nor sent out electronically.
    2. What actions does your state take to reduce the costs and fees associated with international payment processing?
    We have no actions
    3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
    No, The IAT international format is not supported by our system.

    21. Tribal Non IV-D

    1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
    Yes
    1.1. If yes, list the tribes and identify services provided, if less than full services.
    Paternity testing
    For Additional Information - No Link Provided
    2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
    No

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