Child support laws in Alaska are designed to ensure that both parents are contributing to the financial well-being of their children. During a divorce case, child support typically becomes a major point of discussion.
According to Alaska Statute 25.27.060, child support is calculated based on the non-custodial parent’s income. The custodial parent’s income isn’t used to calculate the support amount unless the non-custodial parent’s income is minimal.
There is a Child Support Services Division (CSSD) in Alaska, which is a program of the Department of Revenue. CSSD enforces child support orders, collects payments, locates non-custodial parents, and can even establish paternity if necessary.
Who Needs to Pay Child Support?
In Alaska, the non-custodial parent is usually responsible for paying child support. This is the parent who does not have primary physical custody of the child. The parent with primary physical custody (the custodial parent) is typically the recipient of child support payments. However, both parents have a financial responsibility to their child, and the support is intended to help share the costs associated with raising a child.
How Can I Petition for Child Support?
If you need to petition for a child support order in Alaska, you can apply through the Child Support Services Division. Here are the general steps:
Contact the Child Support Services Division (CSSD) and Complete an Application for Their Services
The Child Support Services Division in Alaska is the agency responsible for helping parents establish, enforce, and modify child support orders. If you’re looking to establish child support, your first step is to contact the CSSD and fill out an application.
This process involves providing personal information and details about your circumstances, and there may be a small fee for applying. It’s important to note that the CSSD provides services to both custodial and noncustodial parents, irrespective of income.
Provide as Much Information as Possible About the Noncustodial Parent
To help the CSSD establish or enforce a child support order, providing as much information as possible about the noncustodial parent is crucial. This includes their full name, current or last known address, employer details, Social Security number, and any known details about their income and assets. The more information you can provide, the easier it will be for the CSSD to locate the noncustodial parent and enforce the child support order.
Establish Legal Paternity, If Necessary
Establishing paternity means legally identifying the father of the child. This is a necessary step before a child support order can be put in place if the parents were not married when the child was born. In Alaska, there are several ways to establish paternity, including signing a voluntary acknowledgment of paternity or going to court. The CSSD can assist with paternity establishment, including arranging for genetic testing if needed.
A DNA test is not necessarily needed to establish child support, but it may be required if paternity is disputed. In Alaska, the CSSD can order genetic testing to establish paternity, and this often involves a DNA test.
What if I Am Ordered to Pay Child Support and Refuse?
If you are ordered by a court in Alaska to pay child support, and you refuse to comply, there can be serious consequences. Refusing to pay child support can result in a finding of civil contempt by the court, which can lead to fines and even jail time.
Other penalties can include wage garnishment, intercepting tax refunds, suspending licenses (driving, hunting, or fishing), and denying passports. Furthermore, Alaska, like most states, cooperates with other states to enforce child support orders, so avoiding payment isn’t easier even if you move out of state.
If a noncustodial parent ordered to pay child support in Alaska refuses to do so, the court can also issue a bench warrant for their arrest. A bench warrant is a type of arrest warrant issued by a judge (hence “from the bench”) due to contempt of court, typically for failure to appear in court or failure to comply with a court order such as a child support obligation.
If a bench warrant is issued, law enforcement has the authority to locate and arrest the individual named in the warrant. The arrested person is then brought before the court to answer for their failure to comply with the court’s order.
The consequences of a bench warrant can be severe. Besides the possibility of being arrested and detained, a bench warrant can impact future employment prospects and can result in the suspension of your driver’s license. It can also affect your credit score and result in additional fines and penalties.
What Can I Do if the Other Parent Withholds Visitation From Me?
If the other parent is withholding visitation from you, the first thing to do is to keep a record of each instance, which can serve as evidence if you need to go to court. The next step is to contact a family law attorney. They can guide you through the process of petitioning the court to enforce your visitation rights. Remember, visitation and child support are separate issues in the eyes of the court. Even if child support isn’t being paid, visitation rights should not be withheld.
How Can I Stop Paying Child Support?
In Alaska, you cannot unilaterally stop paying child support. However, there are situations where child support orders might be terminated, such as:
When the Child Reaches the Age of Majority
In Alaska, the age of majority is 18, which is when a child legally becomes an adult. At this point, the child is generally seen as being capable of supporting themselves, and thus, child support payments are no longer required.
However, there is an exception to this if the child is still in high school. Alaska law provides that child support may continue until the child turns 19 if they are actively enrolled and have not yet graduated from high school. The rationale is to ensure that the child is financially supported until they finish their secondary education.
If the Child Becomes Emancipated Before Reaching the Age of Majority
Emancipation is a legal process that allows a minor to become legally recognized as an adult before reaching the age of majority. Typically, this requires a court order and occurs under special circumstances, such as the child getting married, joining the military, or demonstrating financial independence and decision-making maturity.
When a child is emancipated, they’re considered capable of supporting themselves, so the obligation for parents to provide financial support ceases.
If There’s a Significant Change in Circumstances
A significant change in circumstances could warrant a modification or termination of the child support order. This could include a major shift in the income of the noncustodial parent, the custodial parent, or both. If the noncustodial parent becomes the primary custodial parent, for example, they may no longer be required to pay child support.
Instead, the roles could be reversed, and the other parent could be ordered to pay child support. Child support aims to ensure that the child’s needs are met, so if the circumstances surrounding those needs change significantly, the child support order can be adjusted accordingly.
In any case, you’ll need to go to court to get the child support order formally changed or ended.
Where Can I Find the Right Lawyer?
Finding a knowledgeable child support lawyer is crucial in ensuring that your rights and interests are well represented. LegalMatch is a great online service that can help you find a suitable Alaska child support lawyer.
By entering your case details on our site, you can get matched with lawyers who are well-equipped to handle your case. Many lawyers will provide you with a case review at no cost, enabling you to make an informed decision.
