Posted by DivorceLine in Alaska Divorce Procedures
Complete overview of Alaska divorce laws for people considering an Alaska divorce or filing an Alaska divorce with issues to be resolved about child custody, child support, visitation and alimony.
Alaska Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Alaska, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Alaska residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The spouse who is filing for the dissolution of marriage must be a resident of the state of Alaska at the time of filing.
Any person who is serving in a military branch of the United States government who has been continuously stationed at a military base or installation in the state of Alaska for at least 30 days is considered a resident of the state.
The divorce is typically filed with in county in which the filing spouse lives.
(Alaska Dissolution Statutes – Sections: 22.10.030, 25-24-080, 25.24.090)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Alaska. It is most common that people file for a divorce in the county in which they live.
If you are unsure of whether or not you meet the Alaska residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
Alaska Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Alaska court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
A dissolution of marriage may be granted for any of the following grounds:
No-Fault Based Grounds:
Incompatibility.
Fault Based Grounds:
a) Failing to consummate the marriage at the time of the marriage and continuing at the commencement of the action;
b) adultery;
c) Felony conviction;
d) wilful desertion for a period of 1 year;
e) cruel and inhuman treatment;
f) habitual dunkeness;
g) incurable mental illness and being confined to a mental facility for a period of 18 months;
h) drug addiction.
(Alaska Dissolution Statutes- Sections: 25.24.200, 25-24-050
Every divorce case that is filed in the state of Alaska must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.
Alaska Uncontested Divorce
This information is an overview of the uncontested Alaska divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Alaska.
To file for a divorce or dissolution in Alaska, the filing spouse must be a resident of the state.
Grounds for divorce or dissolution are No-Fault, which means “[i]ncompatability of temperament which has caused the irremediable breakdown of the marriage.” Fault grounds are:
a) adultery;
b) incurable mental illness and confinement for 18 months;
c) drug abuse;
d) failure to consummate the marriage;
e) conviction of a felony;
f) willful desertion for a year and cruel and/or inhuman treatment;
g) personal indignities;
h) habitual drunkenness.
Actions are filed in the Superior Court of the judicial district of the resident.
In Alaska, contested actions are called divorces; uncontested actions are called dissolutions. The forms and procedures associated with divorces and dissolutions are different.
In dissolutions, the filing spouse is called the Petitioner; the responding spouse is called the Respondent. In divorce actions, the filing spouse is called the Plaintiff; the responding spouse is called the Defendant.
Alaska permits a simplified dissolution of marriage when the spouses jointly file on ground of incompatibility of temperament under these conditions:
1) if the wife is pregnant or there are minor children, the spouses have agreed on custody, visitation and support for the minor children, in particular: a) whether these payments are to be made through the state support enforcement agency; and b) the tax consequences of the agreement regarding the children;
2) the spouses have agreed to the distribution of all jointly owned property, including retirement benefits, and the payment of spousal support, if any, and the tax consequences of the payments, (and this arrangement is “fair and just”);
3) the spouses have agreed to the payment of all debts incurred individually or jointly, and the payment of all future obligations incurred jointly.
An individual spouse may petition for dissolution of marriage on the ground of incompatibility of temperament under these conditions: when he or she cannot ascertain his or her spouse’s position on “the dissolution of their marriage, the division of property, obligations, custody, support, custody and visitation of children” a) “because the whereabouts of the other spouse is unknown to the petitioning spouse” and b) “the other spouse cannot be personally serviced with process inside or outside the state.”
Filing for a dissolution does not preclude filing for a divorce.
When a husband and wife file jointly to dissolve a marriage without children, they must complete the following forms:
1) A Petition for Dissolution of Marriage, DR-100, which asks the court to end the marriage on grounds of irredeemable breakdown and spells out the terms and conditions of the marital settlement of assets and liabilities;
2) An Information Sheet, DR-314, which identifies the parties in the action;
3) A Certificate of Divorce, Dissolution of Marriage or Annulment, VS-401, which records the action for the Bureau of Vital Statistics and which must be obtained from the court.
When these forms are filed with the clerk of the court, he or she schedules a hearing at least 30 days after the date of filing. At least one spouse must attend the hearing, but it is preferred that both spouses attend. If one spouse does not attend, he or she must complete an Appearance and Waiver of Hearing, DR-110, in which he or she waives his or her right to appear.
In some court locations, the hearing is held before a Superior Court Master, who makes recommendations to a judge and he or she later signs the decree.
The execution of any agreements within the petition are the responsibility of the spouses, not the court.
When a husband and wife file jointly to dissolve a marriage with children, they must complete a Petition for Dissolution of Marriage, DR-105, which varies depending upon whether the action is filed in Anchorage, Fairbanks or elsewhere in Alaska.
Before the spouses may file, however, they must view a video entitled Listen to the Children, which deals with the impact of a failed marriage on children. After viewing the video the spouses are given a Certificate of Completion, which must be filed with other divorce papers in the clerk’s office.
The Petition for Dissolution of Marriage, DR-105, also contains a form DR-306, when parents seek joint custody. A form DR-307 is used for “divided” custody or a form DR-308 may be attached for “hybrid” custody.
When a husband and wife file jointly to dissolve a marriage with children, both spouses normally attend the hearing, but if this is a hardship, the absent spouse must complete an Appearance and Waiver of Hearing, DR-110, in which he or she waives his or her right to appear.
In addition, the couple must also complete An Information Sheet, DR-314, which identifies the parties; a Certificate of Divorce, Dissolution of Marriage or Annulment, VS-401, for the Bureau of Vital Statistics as well as a Shared Custody Child Support Calculation form, DR-306, which shows the amount the parents contribute to the support of minor children. Normally the couple read a pamphlet, Information about CSSD, DR-316, which describes the workings of the agency, and then complete an Application for CSSD Services, DR-315, by which the state agency enforces a support order.
In Alaska, when one spouse files for a dissolution because he or she cannot locate his or her partner, the filing spouse must demonstrate that he or she cannot personally serve the missing partner inside or outside the state. To this end, the Petitioner must file an Affidavit of Diligent Inquiry, DR-210, which describes his or her efforts at locating the missing partner. These efforts include a search at the last known address, contacting “friends, family and employers,” telephone inquiries and queries at motor vehicle registration.
After the affidavit is filed, the court may require further inquiries, or the clerk may issue a Notice to Absent Spouse, DR-220, which the Petitioner must publish once a week for four consecutive weeks. After this, the Petitioner files a Proof of Notice, DR-225, and at least 30 days after the last publication, a hearing is held.
In addition to the Affidavit of Diligent Inquiry, the Petitioner applying for the dissolution of a marriage to a missing spouse must file the following:
a) A Petition for Dissolution of Marriage (one spouse), DR-200;
b) An Information Sheet, DR-314;
c) Certificate of Divorce, Dissolution, or Annulment, VS-401.
As in other actions, in some locations a master conducts the hearing, with a judge later signing the divorce decree.
Couples who cannot agree about the terms and conditions of their marital dissolution must file for divorce.
The Plaintiff must file a Complaint for Divorce, With Minor Child(ren), SCH-101, or a Complaint for Divorce, Without Minor Child(ren), SCH-102.
In a divorce with minor children, the Plaintiff must also complete and file the following forms:
a) Child Support Guidelines Affidavit, DR-305, which requires financial information to determine child support;
b) Child Custody Jurisdiction Affidavit, DR-150, which shows the court where minor children have lived in the past, so the court can determine that it has jurisdiction (usually at least six months prior to the filing of the complaint).
In all cases, moreover, the Plaintiff must file these forms:
a) Case Description Form, CIV-125, which identifies the case;
b) An Information Form, DR-314, which provides basic information;
c) Certificate of Divorce, VS-401, which records the action for the Bureau of Vital Statistics;
d) Property and Debt Worksheet, SHC-1000, which details the Plaintiff’s request for the division and distribution of marital property;
e) The Summons, CIV-100, which puts the Defendant on notice of the action.
The Defendant must be served properly. This means he or she must receive a copy of the Complaint, the Summons and any standing orders normally issued in a divorce. Service of process must be done in one of two ways:
a) Process Server, who completes a Return of Service; or
b) Certified Mail/Restrict Delivery/Return Receipt Requested, which comes with a green card signed by the Defendent.
The Defendent has 20 days after being served to file an Answer and Counterclaim, SHC-117. If he or she does not answer, the Plaintiff may file a motion for a Default, which means the case moves also without the participation of the Defendent. The Default Application is SHC-400.
At the hearing, the Plaintiff must file the appropriate forms to bring the case to a conclusion:
a) Divorce with Children and Property (Long form, i.e., property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-500 and Divorce Judgment and Decree, SHC, 510;
b) Divorce with Children and Property (Short form, i.e., no property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-520 and Divorce Judgment and Decree, SHC-525;
c) Divorce with Property But No Children (Long form, property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-530 and Divorce Judgment and Decree, SHC-535;
d) Divorce with Property But No Children (Short form, i.e., no property and debt to be divided by the court), Divorce Findings of Fact and Conclusions of Law, SHC-540 and Divorce Judgment and Decree, SHC-545.
Alaska Simplified Divorce Procedures
The spouses may jointly petition the court for a dissolution of marriage of their marriage on the grounds of incompatibility of temperament which has caused the irremediable breakdown of the marriage, under the following conditions:
a) if there are minor children or the wife is pregnant, the spouses have agreed on the custody, visitation, and support of the child or children. They must also have agreed on whether the child support payments should be made through the state child support enforcement agency and on the tax consequences of the agreement regarding the child or children;
b) the spouses have agreed to the distribution of all jointly-owned property (including retirement benefits) and the payment of spousal support, if any and the tax consequences of these payments, if any (the amount of the property distributed to each spouse must be fair and just); and
c) the spouses have agreed as to the payment of all unpaid obligations incurred by either or both of them, and to the payment of obligations incurred jointly in the future.
The petition for dissolution of marriage may be made by 1 spouse individually if:
a) the grounds for the dissolution of marriage is the incompatibility of temperament, evidenced by extended separation of the spouses, which has caused the irremediable breakdown of the marriage;
b) the petitioning spouse has been unable to ascertain the other spouse’s position regarding the dissolution of marriage of their marriage, the division of their property, and the division of their obligations, custody, support, and visitation of any child or children, because the whereabouts of the other spouse is unknown to the petitioning spouse, after reasonable efforts to locate the absent spouse; and
c) the other spouse cannot be personally served with process inside or outside the state. Filing for a dissolution of marriage does not preclude filing for a divorce.
Official state forms for obtaining a dissolution of marriage under these provisions may be obtained from the Clerk of any Superior Court, or from the Division of Social Services of the Alaska Department of Health and Social Services.
[Alaska Statutes; Sections 25.24.200 to 25.24.260].
Each state has its own unique filing procedure. When filing for divorce in Alaska, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Alaska Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Alaska Laws and the filing requirements.
Alaska Property Division Factors
In Alaska, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Decree of Dissolution of Marriage.
Alaska is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Superior Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.
The Superior Court will divide the marital property of the spouses, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the division of property must fairly allocate the economic effect of dissolution of marriage by being based on consideration of the following factors:
a) the length of the marriage and station in life of the parties during the marriage;
b) the age and health condition of the parties;
c) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
d) the financial condition of the parties, including the availability and cost of health or medical insurance;
e) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;
f) the desirability of awarding the family home, or the right to live in it for a reasonable period of time, to the party who has primary physical custody of children;
g) the necessities of each party;
h) the time and manner of acquisition of the property in question; and
i) the income-producing capacity of the property and the value of the property at the time of division.
(Alaska Dissolution Statutes- Sections: 25-24-160, 25.24.230)
Since Alaska is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.
Alaska Spousal Support/Maintenance/Alimony Factors
In Alaska the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:
The court may order maintenance for a temporary or permanent period of time, in lump sum or periodic installments. The court will make an award after careful consideration of the following factors:
a) the length of the marriage and station in life of the parties during the marriage;
b) the age and health of the parties;
c) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
d) the financial condition of the parties, including the availability and cost of health insurance;
e) the marital conduct of the parties, including whether there has been unreasonable depletion of marital assets;
f) the distribution of property; and
g) other factors the court determines to be relevant in each individual case.
(Alaska Dissolution Statutes- Sections: 25-24-165, 25.24.230)
Alaska Child Custody Factors
In Alaska, the court shall consider the following when making a custody decision:
a) the physical, emotional, mental, religious, and social needs of the child;
b) the capability and desire of each parent to meet these needs;
c) the child’s wishes if the child is of sufficient age and capacity to form a preference;
d) the relationship each child has with each parent;
e) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
f) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
g) any evidence of domestic violence or abuse
h) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
i) other factors that the court considers pertinent.
(Alaska Dissolution Statutes- Sections: 25-24-150, 25.24.090)
In Alaska, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
Alaska Child Support Factors
Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:
a) especially large family size;
b) significant income of the child;
c) health or other extraordinary expenses;
d) unusually low expenses;
e) the parent with the child support obligation has an income below Federal poverty level; and
f) any other unusual circumstances.
For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:
a) that an increased award is just and proper;
b) the needs of the children;
c) the standard of living of the children; and
d) the extent to which the standard of living of the children should be reflective of the parent’s ability to pay. Each parent must file a verified statement of income.
There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3.
[Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].
Alaska child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Alaska child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Alaska child support deviation factors that may be applicable to the situation.
Alaska Grandparent’s Rights
Grandparent Rights to Visitation: Divorce pending and in best interest of child. Title 25, Section 25.24.150
(A.S. §25.24.150)
When Adoption Occurs: Adoption terminates any rights unless the adoption decree specifically provides for visitation between the adopted child and the natural relatives.
Child Custody Statutes: Best interest of the child considering:
a) physical, emotional, mental, religious, and social needs of the child;
b) capability and desire of each party to meet those needs;
c) child’s preference;
d) love and affection existing between child and each party;
e) length of time the child has been in a stable, satisfactory environment, and the desireability of maintaining continuity; f) desire and ability of each party to allow an open and loving frequent relationship between the child and other party;
g) any evidence of domestic violence, child abuse or neglect, or history of violence between the parties;
h) any evidence of substance abuse by a party or other household member that directly affects the child; or
i) any other relevant factor.
A.S. §25.24.150.
Parents May Choose: Yes
Alaska Military Divorce Laws
An Alaska military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Alaska Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Alaska court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Alaska court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in Alaska
b) You or your spouse must be stationed in Alaska
Grounds for Alaska Military Divorce
The grounds for a military divorce in Alaska are the same as a civilian divorce.
Dividing the Property
Along with the normal Alaska property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Alaska, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Alaska child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Alaska Child Support Guidelines
The Alaska child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Alaska child support order.
Alaska Child Support Guidelines
> Income Share Model *: NO
> Percent of Income Model *: YES
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: YES
> Childcare Add on: NO
> Secondary Education Support: NO
> UIFSA: YES
* Percent of Income Model: Alaska utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.
Alaska Child Support Definitions
1. Adjusted annual income as used means the parent’s total income from all sources minus:
a) mandatory deductions such as federal income tax, Social Security tax or the equivalent contribution to an alternate plan established by a public employer, medicare tax, mandatory retirement contributions, mandatory union dues, and voluntary tax-deferred contributions to a qualified retirement or pension plan or account, up to 7.5% of the parent’s gross income, if the parent is not a participant in a mandatory retirement plan;
b) child support and alimony payments arising from prior relationships which are required by other court or administrative proceedings and actually paid;
c) child support for children from prior relationships living with the parent, calculated by using the formula provided by this rule; and
d) work related child care expenses for the children who are the subject of the child support order.
2. The percentage by which the non-custodial parent’s adjusted income must be multiplied in order to calculate the child support award is:
a) 20% (.20) for one child;
b) 27% (.27) for two children;
c) 33% (.33) for three children; and
d) an extra 3% (.03) for each additional child.
3. The court may allow the obligor parent to reduce child support payments up to 75% for any period in which the obligor parent has extended visitation of over 27 consecutive days. The order must specify the amount of the reduction which is allowable if the extended visitation is exercised.
4. Potential Income. The court may calculate child support based on a determination of the potential income of a parent who voluntarily and unreasonably is unemployed or underemployed. A determination of potential income may not be made for a parent who is physically or mentally incapacitated, or who is caring for a child under two years of age to whom the parents owe a joint legal responsibility. Potential income will be based upon the parent’s work history, qualifications, and job opportunities. The court also may impute potential income for non-income or low income producing assets.
5. Health Insurance. The court shall address coverage of the children’s health care needs and require health insurance for the children if insurance is available to either parent at a reasonable cost. The court shall consider whether the children are eligible for services through the Indian Health Service (or any other entity) or other insurance coverage before ordering the obligor to provide health care coverage through insurance or other means. The court shall allocate equally the cost of this insurance between the parties unless the court orders otherwise for good cause. An obligor’s child support obligation will be decreased by the amount of the obligee’s portion of health insurance payments ordered by the court and actually paid by the obligor. A child support award will be increased by the obligor’s portion of health insurance if the obligee is ordered to, and actually does obtain and pay for insurance.
6. Uncovered Health Care Expenses. The court shall allocate equally between the parties the cost of reasonable health care expenses not covered by insurance unless the court orders otherwise for good cause. A party shall reimburse the other party for his or her share of the uncovered expenses within 30 days of receipt of the bill for the health care, payment verification, and, if applicable, a health insurance statement indicating what portion of the cost is uncovered. Reasonable, uncovered expenses exceeding $5,000 in a calendar year will be allocated based on the parties’ relative financial circumstances when the expenses occur.
7. Definitions.
a) Shared Physical Custody – A parent has shared physical custody (or shared custody) of children for purposes of this rule if the children reside with that parent for a period specified in writing in the custody order of at least 30 percent of the year, regardless of the status of legal custody.
b) Primary Physical Custody – A parent has primary physical custody (or primary custody) of children for purposes of this rule if the children reside with the other parent for a period specified in the custody order of less than 30 percent of the year.
c) Divided Custody – Parents have divided custody under this rule if one parent has primary physical custody of one or more children of the relationship and the other parent has or primary custody of one or more other children of the relationship.
d) Health Care Expenses – Health care expenses include medical, dental, vision and mental health counseling expenses.
e) Travel Expenses – After determining an award of child support under this rule, the court shall allocate reasonable travel expenses which are necessary to exercise visitation between the parties as may be just and proper for them to contribute.
f) Modification.
8. Material Change of Circumstances. A final child support award may be modified upon a showing of a material change of circumstances as provided by state law. A material change of circumstances will be presumed if support as calculated under this rule is more than 15 percent greater or less than the outstanding support order.
9. No Retroactive Modification. Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Enforcement Division, is served on the opposing party is not considered a retroactive modification.
10. Preclusion. The court may find that a parent and a parent’s assignee are precluded from collecting arrearages for support of children that accumulated during a time period exceeding nine months for which the parent agreed or acquiesced to the obligor exercising primary custody of the children. A finding that preclusion is a defense must be based on clear and convincing evidence.
11. Dependent Tax Deduction – The court may allocate the dependent tax deduction for each child between the parties as is just and proper and in the child’s best interests. The allocation must be consistent with AS 25.24.152 and federal law.
Alaska Dissolution of Marriage Definitions
This collection of definitions will help clarify some unique characteristics to the Alaska Dissolution of Marriage process, procedure and Dissolution of Marriage paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Dissolution of Marriage by filing the paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Dissolution of Marriage with the court.
Court Name:
Superior Court for the State of Alaska at ________ Judicial District
The name of the court in which a Dissolution of Marriage is filed. Each court typically has a domestic relations or a family law department or division.
The office devoted to enforcing existing child support orders and collecting any past due support.
Document Introduction:
In the Matter of the Dissolution of the Marriage of:
The lead-in verbiage used in the legal caption of the documents. The introduction typically prefaces both spouse’s names.
Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage
The title and name of the document that will initiate the Alaska Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage
The title and name of the document that will finalize the Alaska Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage terminated.
Clerk’s Office Name:
County Clerk’s Office of the Superior Court
The office of the clerk that will facilitate the Dissolution of Marriage. This is the title you would address letters to or ask for when contacting the courthouse.
There is no specific legal provision in Alaska for legal separation.
Property Distribution:
Equitable Distribution
The applicable Alaska law that will dictate how property is to be divided upon Dissolution of Marriage.
