Is There Some Way To Determine Is The Noncustodial Parent's Income Has Substantially Increased?

Tue, 29 May 2007 21:19:00 GMT

The agency will review support orders every three years if either parent requests a review. As a part of that process, the agency will look at the noncustodial parent`s current income. If it has changed at least 15%, the agency can adjust the child support order, or present the information to the court for modification. Civ. Court Rule 90.3 again comes into play. Remember that the agency can use its administrative process to modify only those support orders that were set by the agency. If the court set the order, such as in a divorce proceeding, only a court can modify the order. You or an attorney can submit a motion to the court to modify your child support order or the agency can submit the determinations to the court system. It is quicker to seek the modification from the court directly rather than through the agency.

Are The Earnings Of Both Parents Considered In Setting Support Awards?

Tue, 29 May 2007 21:19:00 GMT

In some State guidelines, the earnings of both parents are considered in setting the amount of the support order. In Alaska, child support is based upon the earnings of the noncustodial parent.

Can A Custodial Parent Apply To The Agency For Help Collect Child Support If The Other Parent Was Making Payments Voluntarily?

Tue, 29 May 2007 21:19:00 GMT

Yes, by completing an application for services and an affidavit listing the extent of prior payments received with dates and amounts. You will also need to provide a copy of the divorce decree, separation agreement and/or the current child support order as well as prior orders or other documentation for the case as issued by a court of competent jurisdiction.

Can A Noncustodial Parent Try To Avoid Child Support Payments By Declaring Bankruptcy?

Mon, 04 Jun 2007 21:51:22 GMT

They might think so, but child support payments are not dischargeable in bankruptcy. This means the parent who owes cannot escape the debt; bankruptcy also cannot stay actions to establish paternity or to modify child support obligations. The relationship between the two areas of law is complex, however, and you may wish to seek the advice of counsel for specific questions.

Can Alaska Attach The Property Of A Noncustodial Parent Who Lives In Another State?

Tue, 29 May 2007 21:19:00 GMT

Alaska may file an interstate action to enforce a child support order. Before requesting the other state to seize property, the Alaska agency or the custodial parent`s lawyer first must determine if a withhold and deliver or attachment order could be successfully carried out from Alaska.

Can Federal Income Tax Refunds Be Taken?

Tue, 29 May 2007 21:19:00 GMT

Yes, states can request that the IRS take the federal income tax refund of a parent who owes child support up until the emancipation of the children.

Can Past-Due Child Support Be Taken From A State Income Tax Refund?

Tue, 29 May 2007 21:19:00 GMT

Under federal law, states must turn over personal income tax refunds to help pay child support debts. Although Alaska has no personal income tax, the agency can ask other states to take a noncustodial parent`s tax refund to cover a child support debt owed on an Alaskan case.

Can Paternity Be Established If The Father Lives Outside Of Alaska?

Tue, 29 May 2007 21:19:00 GMT

The Alaska child support agency may be able to claim jurisdiction and establish paternity if the alleged father once lived in Alaska, or if the child was conceived in Alaska. Otherwise, the agency may petition the other state to establish paternity under its laws. Often genetic tests will be ordered to prove paternity.

Can The Child Support Agency Collect Alimony Or Spousal Support?

Mon, 04 Jun 2007 21:51:22 GMT

In cases where there is a child support order and a provision for spousal support or alimony, the agency may collect and enforce both types of support, but cannot do so for spousal support alone. The agency cannot establish orders for spousal support that must be accomplished through the courts.

Can The Child Support Agency Take Some Of A Parent's Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes, unemployment compensation, and other state and federal benefits, can be reached for child support purposes. Ask the caseworker about the procedure and provide prompt notification of changes in the parent`s employment situation.

Can The Child Support Enforcement Division Help To Collect Child Support Owed To A Parent Before The Agency Opened Its Case?

Tue, 29 May 2007 21:19:00 GMT

Yes, if there was an order for support. The agency would have to verify the amount and might have to present the case to a court of competent jurisdiction before taking collection actions.

Can The Child Support Enforcement Division Take A Permanent Fund Dividend To Pay Child Support?

Tue, 29 May 2007 21:19:00 GMT

Yes, state law provides for the agency to take all or part of an Alaskan`s annual dividend check.

Does The Child Support Enforcement Agency Assist With Visitation, Custody Or Property Settlement Issues?

Tue, 29 May 2007 21:19:00 GMT

No, the agency is without authority or jurisdiction to assist either party with these issues, you will need to retain a private attorney or seek assistance from a legal services program.

How Can The Child Support Enforcement Division Collect Payments From A Self-Employed Parent?

Tue, 29 May 2007 21:19:00 GMT

The child support enforcement division has access to Internal Revenue Service information to help determine a selfemployed person`s income and assets for setting a monthly child support obligation. Selfemployed parent cases can be quite challenging with regard to collection. If a selfemployed parent declines to make voluntary payments, it may be possible to place liens on payments to the business from regular clients or to collect money directly from the business bank account. The business could also lose its state occupational license if the owner fails to pay child support. Delinquent cases will also be reported to credit bureaus. Because of the difficulty of pursuing these cases, provide the caseworker with as much detailed information as possible.

How Do I Appeal An Agency Decision, And What Information Is Needed To Do So?

Tue, 29 May 2007 21:19:00 GMT

You may request a formal hearing. It is recommended that you write your appeal on the form attached to the administrative review decision. You may also write it on a separate paper and attach it to your appeal form. You should clearly and concisely state which issues you believe are relevant and why you believe the agency`s decision to be wrong, providing documents which support your decision.

How Does The Alaska Child Support Agency Go About Enforcing Support Orders?

Tue, 29 May 2007 21:19:00 GMT

The Alaska Child Support Agency collects support as ordered by the court in divorce and other child custody cases. The agency also collects child support under administrative orders issued by the Child Support Enforcement Division. To collect support payments, the agency issues orders to withhold and deliver income or other property. Any of a noncustodial parent`s property, including wages, commissions, retirement checks, bank accounts, Alaska Permanent Fund dividends, stock dividends, and income producing property such as rentals can be subject to withholding, though typically the orders are lodged against wages. Under a wagewithholding order, an employer is ordered to automatically withhold a noncustodial parent`s wages, sending the funds to the child support enforcement division, who will forward it to the custodial parent. Other collection methods can include voluntary payments by the noncustodial parent, seizure of IRS tax refunds, liens against a parent`s property, and revocation of state occupational and drivers licenses. If these measures fail, then the child support enforcement division can seek assistance from the state attorney general`s office to take the matter to court.

How Does The Child Support Enforcement Division Calculated Child Support?

Tue, 29 May 2007 21:19:00 GMT

First, the payments are based on what the noncustodial parent earns. The formula has been set by the Supreme Court on Civ. Rule 90.3. That rule says that the noncustodial parent of one child is expected to pay 20% of the adjusted income to support one child. Adjusted income means earnings after deductions for taxes, union dues, retirement deductions, and other mandatory deductions. For example, if the noncustodial parent`s adjusted income is $1,000.00 per month and that parent has one child, the monthly support obligation would be $200.00. If there are two children, the percentage of adjusted income for child support would increase to 27%. For three children the obligation percentage would increase to 33% and it would continue to increase by 3% per child thereafter. Civil Rule 90.3 also takes into account shared custody, visitation and, in some cases, exceptional circumstances, such as divided custody, to allow for deviation from the rule. Deviations are very rare.

How Does The State Determine How Much Child Support Is Owed Each Month?

Tue, 29 May 2007 21:19:00 GMT

If there is a court order, such as in a divorce or dissolution, the order usually sets out the amount of the child support payment. In the absence of a support order, the agency will determine the child support obligation based on the guidelines established in Alaska Civil Court Rule 90.3. The guidelines are based on a percentage of the parents` income. The percentage varies with the number of children and type of custody.

How Much Will The State Take From The Parent's Wages?

Tue, 29 May 2007 21:19:00 GMT

At a minimum, the child support enforcement division is required to take enough money to cover the monthly child support obligation. If there exists past due child support, they may also seek to take enough each month to cover any interest charges on the debtplus something to start paying off the debt.

How Would A Parent Obtain The Assistance Of The State?

Tue, 29 May 2007 21:19:00 GMT

The parent needs to complete an application for services and an affidavit establishing payments already made or received, as well as providing as much information as known about the other parent. If a custody or support order exists, a copy of it and any previously existing or amended orders should be provided.

I Cannot Get Health Insurance With My Job But My Ex-Spouse Gets Good Benefits, Can My Ex-Spouse Be Required To Put The Children On His Health Insurance?

Tue, 29 May 2007 21:19:00 GMT

Yes, when the Child Support Enforcement Division establishes child support, it includes a provision for medical support to be provided by the noncustodial parent when employment related or other group health insurance is available at a reasonable cost. Court orders can also be modified to include health care coverage. Federal law requires States to have laws that should make medical support enforcement easier. For example, insurers can no longer refuse to enroll a child in a health care plan because the parents were not married or because the child does not live in the same household as the enrolled parent. The law also created the tool that child support agencies will be able to use to establish and enforce medical support when the noncustodial parent participates in a group health plan but does not enroll the child. This law provides that custodial parents can obtain information about coverage directly from an insurer, submit claims directly to the insurer, and be reimbursed directly by an insurer.

I Want To Pay Support, But Don't Have A Child Support Order, Can The Agency Help Me Determine What I Should Pay?

Tue, 29 May 2007 21:19:00 GMT

Yes, completing an order is the obvious first step. Provide as much detail as possible concerning the children and the custodial parent. The amount of your child support order will be based on your adjusted annual income and Alaska`s child support guidelines.

If An Ex-Husband Has Remarried And Thus Has A Second Family To Support, Will This Affect The Support For The Children Of The First Marriage?

Tue, 29 May 2007 21:19:00 GMT

Even though the noncustodial parent has a second family, this does not eliminate responsibility to the first family. Factors which could lower your children`s support order include steady employment of the child or poor health or decreased earning ability of the noncustodial parent.

If I Disagree With The Decision Or Action Of The Agency, May I Lodge An Appeal?

Mon, 04 Jun 2007 21:51:22 GMT

Either parent can appeal a decision of the agency`s Administrative Support Order, which establishes the monthly child support due in a new case, and either parent can appeal a modification of the monthly support amount. This applies to decisions of the agency only; you cannot appeal a court order regarding child support. You must use the court system if you want a court order changed.

If The Noncustodial Parent Lives Outside The State, How Long Will It Take To Establish An Order?

Mon, 04 Jun 2007 21:51:22 GMT

It may take 69 months for another state to open a case. Most set up interstate cases in the order they are received, and some establish child support orders through a court rather than through an administrative process.

If The Noncustodial Parent's Income Has Changed Since The Order Was Issued, Can The Order Be Changed?

Tue, 29 May 2007 21:19:00 GMT

The agency or the courts can modify the order if the noncustodial parent`s income has increased or decreased by at least 15% since the last order. There may exist other reasons why the case could qualify for a modification, checking with the agency`s Review and Adjustment`s section is recommended.

If There Is No Support Order, Can An Order Be Established In The State Where The Noncustodial Parent Lives?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, the case would be referred to the other state if Alaska cannot establish the order. A petition would be sent to the other state`s child support enforcement agency or the court. The other state would review the informationtogether with information about the noncustodial parent`s ability to payand set the amount of monthly support payments.

If We Know Where The Noncustodial Parent Is Working, How Long Will It Take To Start Receiving Payments?

Tue, 29 May 2007 21:19:00 GMT

The agency will send a wagewithholding order to the employer, and the employer is required to start sending in payments within the next pay cycle.

In Alaska, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sat, 11 Jul 2009 18:56:56 GMT

Alaska statutes are silent on the issue of spousal support or alimony in premarital agreements.

Is A Direct Deposit Program Available, And How Does One Sign Up To Participate In The Direct Deposit Program?

Tue, 29 May 2007 21:19:00 GMT

Yes, a direct deposit program is available. The direct deposit program allows the child support enforcement agency to electronically withdraw from or deposit funds into or out of an account for child support payments. It is automatic, paperless and reduces mail time for sending and receiving payments. You should obtain a copy of the Request For Direct Deposit form, complete it, sign it, attach a voided check and mail it to the agency.

Is There A Time Limit Within Which I Must File An Appeal?

Tue, 29 May 2007 21:19:00 GMT

Your request for a formal hearing should be sent within 30 days of the date on the administrative review decision. If the agency issued an Administrative Support Order, without an administrative review, that notice becomes an order 30 days after the day you were served.

Is There Any Way To Speed Up The Process?

Tue, 29 May 2007 21:19:00 GMT

On the outside of your envelope write MS 24, as well as on the forms or paperwork you have included. Do not mail them to the caseworker who made the decision as the matter is processed by a separate formal hearing team. Mailing to the caseworker will delay the processing of your matter.

What Can The State Of Alaska Do For Citizens To Assist Them With Child Support Issues?

Mon, 04 Jun 2007 21:51:22 GMT

The State of Alaska can assist a citizen by providing the following services:

Locate absent parents
Establish paternity
Establish child support orders, including a support amount and medical coverage
Enforce child support orders
Review and modify child support orders
Direct Deposit of child support

What Does The Caseworker Do To Find Out About The Other Spouse, I Do Not Know Much That Will Help?

Tue, 29 May 2007 21:19:00 GMT

The caseworker will make every effort to be sure. The agency has access to IRS data and to financial institution data, bank accounts, credit bureau data and the like.

What Happens To Child Support Payments If The Custodial Parent Is On Public Assistance?

Tue, 29 May 2007 21:19:00 GMT

The noncustodial parent must continue to pay child support while the other parent and the children receive public assistance. However, parents on public assistance, such as Alaska Temporary Assistance Program (ATAP), must agree to let the state keep any child support payments owed for that time as well as any payments owed to the custodial parent when benefits begin. This is to help at least partially repay the state for the cost of public assistance benefits.

What Happens To The Monthly Payments And Any Child Support Debt After The Custodial Parent Has Gone Off Public Assistance?

Mon, 04 Jun 2007 21:51:22 GMT

Custodial parents who move off public assistance are entitled to the regular monthly child support payment the same as before they went on assistanceas long as the support order is still in effect. Money collected is applied first to the ongoing monthly support. Any additional money is applied first to cover any missed payments owed to the custodial parent since assistance ended. If all monthly support has been paid since assistance ended, any extra money will be applied to the debt assigned to the state. If the custodial parent is still entitled to some of the arrears owed prior to the assistance, that will not be repaid until the debt owed to the state is paid.

What If My Former Spouse And I Wish To Agree On Something Between Us?

Mon, 04 Jun 2007 21:51:22 GMT

If the parents can cooperate and agree between them that is optimal. The court`s interest in the resulting agreement is that it is fair to all parties, that the welfare and rights of the children are protected, and that the agreement conforms to the guidelines for support established by the state of Alaska.

What If Something Comes Up Or Happens Requiring Me To Change The Date Of The Hearing?

Tue, 29 May 2007 21:19:00 GMT

You should make your request to the Commissioner`s Office for the Department of Revenue, the contact numbers and addresses will be in the Hearing Notice.

What If The Noncustodial Parent Keeps Moving To Avoid Paying?

Mon, 04 Jun 2007 21:51:22 GMT

The Child Support Recovery Act of 1992 makes it a federal crime to willfully fail to pay support if the child and the noncustodial parent live in different states. The parent can be charged with a felony if the past due child support exceeds $5,000, or, is more than oneyear delinquent. In order to convict under this act, the U.S. Attorney must prove in court that the parent was financially able to meet the child support payment at the time that it was due. Additionally, it must be considered whether all reasonably available civil and state criminal remedies have been pursued. Certain priorities exist, where there is a pattern of moving between states to avoid payment; where there is a pattern of deception; where the parent is in contempt for failure to make support payments, and where it is connected to some other federal offense such as bankruptcy fraud.

What Steps are Necessary to Enter a Valid Premarital Agreement in Alaska?

Sun, 12 Jul 2009 01:58:43 GMT

The Alaska Supreme Court has recognized the validity of premarital agreements that comply with state contract law. Premarital agreements should be in writing and be signed by both parties. A prenuptial agreement will be considered valid unless it was obtained through fraud, duress or nondisclosure of a material fact or it was unconscionable at the time of execution or enforcement.

When Will I Know When The Hearing Will Be?

Tue, 29 May 2007 21:19:00 GMT

The date for the formal hearing will be sent by the Commissioner`s office for the Department of Revenue. It will be sent via certified mail from their office.

Why Do Child Support Payments Go To The State When The Custodial Parent Receives Public Assistance?

Tue, 29 May 2007 21:19:00 GMT

Parents are required to assign their rights to any unpaid child support debt and continuing child support to the state for the time they are approved for public assistance benefits.

Why Does It Take So Long For Other States To Start Collection?

Mon, 04 Jun 2007 21:51:22 GMT

Perhaps a number of reasons: Enforcement officials may not be able to serve notice on the noncustodial parent due to an inadequate or erroneous address, or the other state may be waiting for a court hearing.

Why Does The Agency Ask For The Custodial Parent's Income When Only The Absent Parent's Income Is Used To Calculate Child Support?

Tue, 29 May 2007 21:19:00 GMT

In cases where the custody determination is something other than primary or sole custody, both parent`s income is used for the calculations. In some cases where the custodial parent has extraordinary income, the court may vary from Civil Rule 90.3.

Why Is Data From Both Parents Necessary?

Tue, 29 May 2007 21:19:00 GMT

Because this is a requirement for most states, Alaska recognizes this practice and requests information from both parents.

Will The Agency Help Enforce An Order For Medical Insurance Coverage For Children?

Tue, 29 May 2007 21:19:00 GMT

The custodial parent needs to indicate on the application for services that an order for medical insurance coverage exists, and request the agency assist in enforcing it. If the custodial parent is receiving public assistance benefits, the child support agency will automatically enforce medical coverage for the child.

Will The State Help To Find The Noncustodial Parent Who Owes The Child Support?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, the agency can attempt to locate the noncustodial parent utilizing whatever information has been furnished by the custodial parent. One of the more critical pieces of information is the Social Security number, if that is unknown, then other information such as date of birth, friends, relatives and former employers can be utilized.

Would I Have To Pay The State For Assisting Me?

Mon, 10 Dec 2007 22:44:12 GMT

Fees are only charged to reimburse the state for genetic tests, attorney fees and process server fees. The fees are charged to the parent who is ordered to pay child support. Other states may charge for some services if one of the parents lives in that state, even if the other parent lives in Alaska.

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