SB 115: "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date."
00SENATE BILL NO. 115 01 "An Act relating to the establishment, modification, and enforcement of support 02 orders and the determination of parentage in situations involving more than one 03 state; amending Alaska Rule of Administration 9; amending Alaska Rules of 04 Civil Procedure 79 and 82; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 25.25 is amended by adding new sections to read: 07 CHAPTER 25. UNIFORM INTERSTATE FAMILY 08 [RECIPROCAL ENFORCEMENT OF] SUPPORT ACT. 09 ARTICLE 1. GENERAL PROVISIONS. 10 Sec. 25.25.101. DEFINITIONS. In this chapter, 11 (1) "child" means an individual, whether over or under the age of 12 majority, who is or is alleged to be owed a duty of support by the individual's parent 13 or who is or is alleged to be the beneficiary of a support order directed to the parent; 14 (2) "child support order" means a support order for a child, including
01 a child who has attained the age of majority under the law of the issuing state; 02 (3) "duty of support" means an obligation imposed or imposable by law 03 to provide support for a child, spouse, or former spouse, including an unsatisfied 04 obligation to provide support; 05 (4) "home state" means the state in which a child lived with a parent 06 or a person acting as a parent for at least six consecutive months immediately 07 preceding the time of filing of a complaint or comparable pleading for support and, if 08 a child is less than six months old, the state in which the child lived from birth with 09 a parent or person acting as a parent; a period of temporary absence of a parent or 10 person acting as a parent is counted as part of the six-month or other period; 11 (5) "income" includes earnings or other periodic entitlements to money 12 from any source and any other property subject to withholding for support under the 13 law of this state; 14 (6) "income withholding order" means an order or other legal process 15 directed to an obligor, an obligor's employer, an obligor's future employer, or another 16 person, political subdivision, or department of the state, under AS 25.27 to withhold 17 support from the income of the obligor under AS 25.27; 18 (7) "initiating state" means a state in which a proceeding under this 19 chapter or a law substantially similar to this chapter, the former provisions of this 20 chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform 21 Reciprocal Enforcement of Support Act is filed for forwarding to a responding state; 22 (8) "initiating tribunal" means the authorized tribunal in an initiating 23 state; 24 (9) "issuing state" means the state in which a tribunal issues a support 25 order or renders a judgment determining parentage; 26 (10) "issuing tribunal" means the tribunal that issues a support order 27 or renders a judgment determining parentage; 28 (11) "law" includes decisional and statutory law and rules and 29 regulations having the force of law; 30 (12) "obligee" means 31 (A) an individual to whom a duty of support is or is alleged to
01 be owed or in whose favor a support order has been issued or a judgment 02 determining parentage has been rendered; 03 (B) a state or political subdivision to which the rights under a 04 duty of support or support order have been assigned or that has independent 05 claims based on financial assistance provided to an individual obligee; or 06 (C) an individual seeking a judgment determining parentage of 07 the individual's child; 08 (13) "obligor" means an individual or the estate of a decedent who 09 (A) owes or is alleged to owe a duty of support; 10 (B) is alleged but has not been adjudicated to be a parent of a 11 child; or 12 (C) is liable under a support order; 13 (14) "register" means to file a support order or judgment determining 14 parentage with a registering tribunal; 15 (15) "registering tribunal" means the tribunal in which a support order 16 or judgment determining parentage is registered; 17 (16) "responding state" means a state to which a proceeding is 18 forwarded under this chapter or a law substantially similar to this chapter, the former 19 provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, or the 20 Revised Uniform Reciprocal Enforcement of Support Act; 21 (17) "responding tribunal" means the authorized tribunal in a 22 responding state; 23 (18) "spousal support order" means a support order for a spouse or 24 former spouse of the obligor; 25 (19) "state" means a state of the United States, the District of 26 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 27 subject to the jurisdiction of the United States; the term "state" includes a foreign 28 jurisdiction that has established procedures for issuance and enforcement of support 29 orders that are substantially similar to the procedures under this chapter; 30 (20) "support enforcement agency" means a public official or agency 31 authorized to seek
01 (A) enforcement of support orders or laws relating to the duty 02 of support; 03 (B) establishment or modification of child support orders; 04 (C) determination of parentage; or 05 (D) the location of obligors or their assets; 06 (21) "support order" means a judgment, decree, or order, whether 07 temporary, final, or subject to modification, for the benefit of a child, a spouse, or a 08 former spouse, that provides for monetary support, health care, arrearages, or 09 reimbursement, and may include related costs and fees, interest, income withholding, 10 attorney fees, and other relief; 11 (22) "tribunal" means a court, administrative agency, or quasi-judicial 12 entity authorized to establish, enforce, or modify support orders or to determine 13 parentage. 14 Sec. 25.25.102. TRIBUNALS OF THIS STATE. The superior court and the 15 child support enforcement agency are the tribunals of this state. 16 Sec. 25.25.103. REMEDIES CUMULATIVE. Remedies provided by this 17 chapter are cumulative and do not affect the availability of remedies under other law. 18 * Sec. 2. AS 25.25 is amended by adding new sections to read: 19 ARTICLE 2. JURISDICTION. 20 Sec. 25.25.201. BASES FOR JURISDICTION OVER NONRESIDENT. In 21 a proceeding to establish, enforce, or modify a support order or to determine parentage, 22 a tribunal of this state may exercise personal jurisdiction over a nonresident individual 23 or the individual's guardian or conservator if 24 (1) the individual is personally served with a citation, summons, or 25 notice within this state; 26 (2) the individual submits to the jurisdiction of this state by consent, 27 by entering a general appearance, or by filing a responsive document having the effect 28 of waiving any contest to personal jurisdiction; 29 (3) the individual resided with the child in this state; 30 (4) the individual resided in this state and provided prenatal expenses 31 or support for the child;
01 (5) the child resides in this state as a result of the acts or directives of 02 the individual; 03 (6) the individual engaged in sexual intercourse in this state and the 04 child may have been conceived by that act of intercourse; 05 (7) the individual acknowledged parentage in a writing deposited with 06 the Bureau of Vital Statistics under AS 25.20.050; or 07 (8) there is another basis consistent with the constitutions of this state 08 and the United States for the exercise of personal jurisdiction. 09 Sec. 25.25.202. PROCEDURE WHEN EXERCISING JURISDICTION OVER 10 NONRESIDENT. A tribunal of this state exercising personal jurisdiction over a 11 nonresident under AS 25.25.201 may apply AS 25.25.316 to receive evidence from 12 another state and AS 25.25.318 to obtain discovery through a tribunal of another state. 13 In all other respects, AS 25.25.301 - 25.25.701 do not apply and the tribunal shall 14 apply the procedural and substantive law of this state, including the rules on choice of 15 law other than those established by this chapter. 16 Sec. 25.25.203. INITIATING AND RESPONDING TRIBUNAL OF THIS 17 STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal 18 to forward proceedings to another state and as a responding tribunal for proceedings 19 initiated in another state. 20 Sec. 25.25.204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE. 21 (a) A tribunal of this state may exercise jurisdiction to establish a support order if the 22 complaint or comparable pleading is filed after a complaint or comparable pleading is 23 filed in another state only if 24 (1) the complaint or comparable pleading in this state is filed before 25 the expiration of the time allowed in the other state for filing a responsive pleading 26 challenging the exercise of jurisdiction by the other state; 27 (2) the contesting party timely challenges the exercise of jurisdiction 28 in the other state; and 29 (3) if relevant, this state is the home state of the child. 30 (b) A tribunal of this state may not exercise jurisdiction to establish a support 31 order if the complaint or comparable pleading is filed before a complaint or
01 comparable pleading is filed in another state if 02 (1) the complaint or comparable pleading in the other state is filed 03 before the expiration of the time allowed in this state for filing a responsive pleading 04 challenging the exercise of jurisdiction by this state; 05 (2) the contesting party timely challenges the exercise of jurisdiction 06 in this state; and 07 (3) if relevant, the other state is the home state of the child. 08 Sec. 25.25.205. CONTINUING, EXCLUSIVE JURISDICTION. (a) A 09 tribunal of this state issuing a support order consistent with the law of this state has 10 continuing, exclusive jurisdiction over a child support order 11 (1) as long as this state remains the residence of the obligor, the 12 individual obligee, or the child for whose benefit the support order is issued; or 13 (2) until each individual party has filed written consent with the tribunal 14 of this state for a tribunal of another state to modify the order and assume continuing, 15 exclusive jurisdiction. 16 (b) A tribunal of this state issuing a child support order consistent with the law 17 of this state may not exercise its continuing jurisdiction to modify the order if the 18 order has been modified by a tribunal of another state under a law substantially similar 19 to this chapter. 20 (c) If a child support order of this state is modified by a tribunal of another 21 state under a law substantially similar to this chapter, a tribunal of this state loses its 22 continuing, exclusive jurisdiction with regard to prospective enforcement of the order 23 issued in this state and may only 24 (1) enforce the order that was modified as to amounts accruing before 25 the modification; 26 (2) enforce nonmodifiable aspects of that order; and 27 (3) provide other appropriate relief for violations of that order that 28 occurred before the effective date of the modification. 29 (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction 30 of a tribunal of another state that has issued a child support order under a law 31 substantially similar to this chapter.
01 (e) A temporary support order issued ex parte or pending resolution of a 02 jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing 03 tribunal. 04 (f) A tribunal of this state issuing a support order consistent with the law of 05 this state has continuing, exclusive jurisdiction over a spousal support order throughout 06 the existence of the support obligation. A tribunal of this state may not modify a 07 spousal support order issued by a tribunal of another state having continuing, exclusive 08 jurisdiction over that order under the law of that state. 09 Sec. 25.25.206. ENFORCEMENT AND MODIFICATION OF SUPPORT 10 ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal 11 of this state may serve as an initiating tribunal to request a tribunal of another state to 12 enforce or modify a support order issued in that state. 13 (b) A tribunal of this state having continuing, exclusive jurisdiction over a 14 support order may act as a responding tribunal to enforce or modify the order. If a 15 party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides 16 in the issuing state, in subsequent proceedings the tribunal may apply AS 25.25.316 17 to receive evidence from another state and AS 25.25.318 to obtain discovery through 18 a tribunal of another state. 19 (c) A tribunal of this state that lacks continuing, exclusive jurisdiction over a 20 spousal support order may not serve as a responding tribunal to modify a spousal 21 support order of another state. 22 Sec. 25.25.207. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a 23 proceeding is brought under this chapter, and one or more child support orders have 24 been issued in this or another state with regard to an obligor and a child, a tribunal of 25 this state shall apply the following rules in determining which order to recognize for 26 purposes of continuing, exclusive jurisdiction: 27 (1) if only one tribunal has issued a child support order, the order of 28 that tribunal shall be recognized; 29 (2) if two or more tribunals have issued child support orders for the 30 same obligor and child, and only one of the tribunals would have continuing, exclusive 31 jurisdiction under this chapter, the order of that tribunal shall be recognized;
01 (3) if two or more tribunals have issued child support orders for the 02 same obligor and child, and more than one of the tribunals would have continuing, 03 exclusive jurisdiction under this chapter, an order issued by a tribunal in the current 04 home state of the child shall be recognized but, if an order has not been issued in the 05 current home state of the child, the order most recently issued must be recognized; 06 (4) if two or more tribunals have issued child support orders for the 07 same obligor and child, and none of the tribunals would have continuing, exclusive 08 jurisdiction under this chapter, the tribunal of this state may issue a child support order 09 that shall be recognized. 10 (b) The tribunal that has issued an order recognized under (a) of this section 11 is the tribunal having continuing, exclusive jurisdiction. 12 Sec. 25.25.208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR 13 MORE OBLIGEES. In responding to multiple registrations or complaints for 14 enforcement of two or more child support orders in effect at the same time with regard 15 to the same obligor and different individual obligees, when at least one of the orders 16 was issued by a tribunal of another state, a tribunal of this state shall enforce those 17 orders in the same manner as if the multiple orders had been issued by a tribunal of 18 this state. 19 Sec. 25.25.209. CREDIT FOR PAYMENTS. Amounts collected and credited 20 for a particular period under a support order issued by a tribunal of another state shall 21 be credited against the amounts accruing or accrued for the same period under a 22 support order issued by the tribunal of this state. 23 * Sec. 3. AS 25.25 is amended by adding new sections to read: 24 ARTICLE 3. CIVIL PROVISIONS OF GENERAL APPLICATION. 25 Sec. 25.25.301. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as 26 otherwise provided in this chapter, AS 25.25.301 - 25.25.319 apply to all proceedings 27 under this chapter. 28 (b) This chapter provides for the following proceedings: 29 (1) establishment of an order for child support or spousal support under 30 AS 25.25.401; 31 (2) enforcement of a support order and income withholding order of
01 another state without registration under AS 25.25.501 - 25.25.502; 02 (3) registration of an order for child support or spousal support of 03 another state for enforcement under AS 25.25.601 - 25.25.612; 04 (4) modification of an order for child support or spousal support issued 05 by a tribunal of this state under AS 25.25.203 - 25.25.206; 06 (5) registration of an order for child support of another state for 07 modification under AS 25.25.601 - 25.25.612; 08 (6) determination of parentage under AS 25.25.701; and 09 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 10 25.25.202. 11 (c) An individual or a support enforcement agency may commence a 12 proceeding authorized under this chapter by filing a complaint or a comparable 13 pleading in an initiating tribunal for forwarding to a responding tribunal or by filing 14 a complaint or a comparable pleading directly in a tribunal of another state that has 15 or can obtain personal jurisdiction over the respondent. 16 Sec. 25.25.302. ACTION BY MINOR PARENT. A minor parent, or a 17 guardian or other legal representative of a minor parent, may maintain a proceeding 18 on behalf of or for the benefit of the minor's child. 19 Sec. 25.25.303. APPLICATION OF LAW OF THIS STATE. Except as 20 otherwise provided by this chapter, a responding tribunal of this state shall 21 (1) apply the procedural and substantive law, including the rules on 22 choice of law, generally applicable to similar proceedings originating in this state and 23 may exercise all powers and provide all remedies available in those proceedings; and 24 (2) determine the duty of support and the amount payable under the law 25 and support guidelines of this state. 26 Sec. 25.25.304. DUTIES OF INITIATING TRIBUNAL. Upon the filing of 27 a complaint or comparable pleading authorized by this chapter, an initiating tribunal 28 of this state shall forward three copies of the complaint or comparable pleading and 29 its accompanying documents 30 (1) to the responding tribunal or appropriate support enforcement 31 agency in the responding state; or
01 (2) if the identity of the responding tribunal is unknown, to the state 02 information agency of the responding state with a request that they be forwarded to the 03 appropriate tribunal and that receipt be acknowledged. 04 Sec. 25.25.305. DUTIES AND POWERS OF RESPONDING TRIBUNAL. 05 (a) When a responding tribunal of this state receives a complaint or comparable 06 pleading from an initiating tribunal or directly under AS 25.25.301(c), it shall cause 07 the complaint or pleading to be filed and notify the petitioner by first class mail where 08 and when it was filed. 09 (b) A responding tribunal of this state, to the extent otherwise specifically 10 authorized by law, may do one or more of the following: 11 (1) issue or enforce a support order, modify a child support order, or 12 render a judgment to determine parentage; 13 (2) order an obligor to comply with a support order, specifying the 14 amount and the manner of compliance; 15 (3) order income withholding; 16 (4) determine the amount of any arrearages, and specify a method of 17 payment; 18 (5) enforce orders by civil or criminal contempt, or both; 19 (6) set aside property for satisfaction of the support order; 20 (7) place liens and order execution on the obligor's property; 21 (8) order an obligor to keep the tribunal informed of the obligor's 22 current residential address, telephone number, employer, address of employment, and 23 telephone number at the place of employment; 24 (9) issue a bench warrant for an obligor who has failed after proper 25 notice to appear at a hearing ordered by the tribunal and enter the bench warrant in 26 any local and state computer systems for criminal warrants; 27 (10) order the obligor to seek appropriate employment by specified 28 methods; 29 (11) award reasonable attorney fees and other fees and costs; and 30 (12) grant any other available remedy. 31 (c) A responding tribunal of this state shall include in a support order issued
01 under this chapter, or in the documents accompanying the order, the calculations on 02 which the support order is based. 03 (d) A responding tribunal of this state may not condition the payment of a 04 support order issued under this chapter upon compliance by a party with provisions for 05 visitation. 06 (e) If a responding tribunal of this state issues an order under this chapter, the 07 tribunal shall send a copy of the order by first class mail to the petitioner and the 08 respondent and to the initiating tribunal, if any. 09 Sec. 25.25.306. INAPPROPRIATE TRIBUNAL. If a complaint or comparable 10 pleading is received by an inappropriate tribunal of this state, it shall forward the 11 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 12 state or another state and notify the petitioner by first class mail where and when the 13 complaint or pleading was sent. 14 Sec. 25.25.307. DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCY. 15 (a) The child support enforcement agency of this state, upon request, shall provide 16 services to a petitioner in a proceeding under this chapter. 17 (b) In providing services under this chapter to the petitioner, the child support 18 enforcement agency shall, as appropriate 19 (1) take all steps necessary to enable an appropriate tribunal in this 20 state or another state to obtain jurisdiction over the respondent; 21 (2) request an appropriate tribunal to set a date, time, and place for a 22 hearing; 23 (3) make a reasonable effort to obtain all relevant information, 24 including information as to income and property of the parties; 25 (4) send written notice from an initiating, responding, or registering 26 tribunal to the petitioner by first class mail within two days of receipt, exclusive of 27 Saturdays, Sundays, and legal holidays; 28 (5) send a copy of a written communication from the respondent or the 29 respondent's attorney to the petitioner by first class mail within two days of receipt, 30 exclusive of Saturdays, Sundays, and legal holidays; and 31 (6) notify the petitioner if jurisdiction over the respondent cannot be
01 obtained. 02 (c) This chapter does not create or negate a relationship of attorney and client 03 or other fiduciary relationship between the child support enforcement agency or the 04 attorney for the agency and the individual being assisted by the agency. 05 Sec. 25.25.309. PRIVATE COUNSEL. An individual may employ private 06 counsel to represent the individual in proceedings authorized by this chapter. 07 Sec. 25.25.310. DUTIES OF STATE INFORMATION AND LOCATOR 08 AGENCY. The child support enforcement agency is the state information agency 09 under this chapter, and it shall 10 (1) compile and maintain a current list, including addresses, of the 11 courts in this state that have jurisdiction under this chapter and the appropriate agency 12 offices in this state and transmit a copy to the state information agency of every other 13 state; 14 (2) maintain a register of tribunals and support enforcement agencies 15 received from other states; 16 (3) forward to the appropriate tribunal in this state all documents 17 concerning a proceeding under this chapter received from an initiating tribunal or the 18 state information agency of the initiating state; and 19 (4) obtain information concerning the location of the obligor and the 20 obligor's property within this state that is not exempt from execution by such means 21 as postal verification and federal or state locator services, examination of telephone 22 directories, requests for the obligor's address from employers, and examination of 23 governmental records, including, to the extent not prohibited by other law, those 24 relating to real property, vital statistics, law enforcement, taxation, motor vehicles, 25 driver's licenses, and social security. 26 Sec. 25.25.311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) 27 A petitioner seeking to establish or modify a support order or to determine parentage 28 in a proceeding under this chapter shall verify the complaint or comparable pleading. 29 Unless otherwise ordered under AS 25.25.312, or otherwise prohibited by law, the 30 complaint or comparable pleading or accompanying documents must provide, so far 31 as known, the name, residential address, and social security numbers of the obligor and
01 the obligee, and the name, sex, residential address, social security number, and date 02 of birth of each child for whom support is sought. The complaint or comparable 03 pleading must be accompanied by a certified copy of any support order in effect. The 04 complaint or comparable pleading may include other information that may assist in 05 locating or identifying the respondent. 06 (b) The complaint or comparable pleading must specify the relief sought. The 07 complaint or comparable pleading and accompanying documents must conform 08 substantially with the requirements imposed by the forms mandated by federal law for 09 use in cases filed by a support enforcement agency. 10 Sec. 25.25.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL 11 CIRCUMSTANCES. Subject to the provisions of AS 25.27.275 and upon a finding, 12 which may be made ex parte, that the health, safety, or liberty of a party or child 13 would be unreasonably put at risk by the disclosure of identifying information, or if 14 an existing order so provides, a tribunal shall order that the address of the child or 15 party or other identifying information not be disclosed in a pleading or other document 16 filed in a proceeding under this chapter. 17 Sec. 25.25.313. COSTS AND FEES. (a) Notwithstanding any other provision 18 of law, including a rule of the Alaska Supreme Court, at the time a complaint or 19 comparable pleading is filed under this chapter, a tribunal may not require the 20 petitioner to pay a filing fee or other costs. 21 (b) If an obligee prevails, a responding tribunal may assess against an obligor 22 filing fees, including fees that were waived under (a) of this section, reasonable 23 attorney fees, other costs, necessary travel expenses, and other reasonable expenses 24 incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, 25 costs, or expenses against the obligee or the support enforcement agency of either the 26 initiating or the responding state except as required by other law or court rule. 27 Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, 28 who may enforce the order in the attorney's own name. Payment of support owed to 29 the obligee has priority over fees, costs, and expenses assessed under this subsection. 30 (c) The tribunal shall order the payment of costs and reasonable attorney fees, 31 including filing fees that were waived under (a) of this section, by a party who
01 requests a hearing under this chapter if it determines that the hearing was requested 02 primarily for delay. In a proceeding under AS 25.25.601 - 25.25.612, a hearing is 03 presumed to have been requested primarily for delay if a registered support order is 04 confirmed or enforced without change; however, the party who requested the hearing 05 may present evidence to rebut this presumption. 06 Sec. 25.25.314. LIMITED IMMUNITY OF PETITIONER. (a) Participation 07 by a petitioner in a proceeding before a responding tribunal, whether in person, by 08 private attorney, or through services provided by the support enforcement agency, does 09 not confer personal jurisdiction over the petitioner in another proceeding. 10 (b) A petitioner is not amenable to service of civil process while physically 11 present in this state to participate in a proceeding under this chapter. 12 (c) The immunity granted by this section does not extend to civil litigation 13 based on acts unrelated to a proceeding under this chapter committed by a party while 14 present in this state to participate in the proceeding. 15 Sec. 25.25.315. NONPARENTAGE AS DEFENSE. A party whose parentage 16 of a child has been previously determined under law may not plead nonparentage as 17 a defense to a proceeding under this chapter. 18 Sec. 25.25.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a) 19 The physical presence of the petitioner in a responding tribunal of this state is not 20 required for the establishment, enforcement, or modification of a support order or the 21 rendition of a judgment determining parentage. 22 (b) A verified complaint or comparable pleading, affidavit, document 23 substantially complying with federally mandated forms, and a document incorporated 24 by reference in any of them, not excluded under the hearsay rule if given in person, 25 is admissible in evidence if given under oath by a party or witness residing in another 26 state. 27 (c) A copy of the record of child support payments certified as a true copy of 28 the original by the custodian of the record may be forwarded to a responding tribunal. 29 The copy is evidence of facts asserted in it and is admissible to show whether 30 payments were made. 31 (d) Copies of bills for testing for parentage, and for prenatal and postnatal
01 health care of the mother and child, furnished to the adverse party at least 10 days 02 before trial or other proceeding, are admissible in evidence to prove the amount of the 03 charges billed and that the charges were reasonable, necessary, and customary. 04 (e) Documentary evidence transmitted from another state to a tribunal of this 05 state by telephone, telecopier, or other means that do not provide an original writing 06 may not be excluded from evidence on an objection based on the means of 07 transmission. 08 (f) In a proceeding under this chapter, a tribunal of this state may permit a 09 party or witness residing in another state to be deposed or to testify by telephone, 10 audiovisual means, or other electronic means at a designated tribunal or other location 11 in that state. A tribunal of this state shall cooperate with tribunals of other states in 12 designating an appropriate location for the deposition or testimony. 13 (g) If a party called to testify at a civil hearing refuses to answer on the 14 ground that the testimony may be self-incriminating, the trier of fact may draw an 15 adverse inference from the refusal. 16 (h) A privilege against disclosure of communications between spouses does not 17 apply in a proceeding under this chapter. 18 (i) The defense of immunity based on the relationship of husband and wife or 19 parent and child does not apply in a proceeding under this chapter. 20 Sec. 25.25.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal 21 of this state may communicate with a tribunal of another state in writing, or by 22 telephone or other means, to obtain information concerning the laws of that state, the 23 legal effect of a judgment, decree, or order of that tribunal, and the status of a 24 proceeding in the other state. A tribunal of this state may furnish similar information 25 by similar means to a tribunal of another state. 26 Sec. 25.25.318. ASSISTANCE WITH DISCOVERY. A tribunal of this state 27 may 28 (1) request a tribunal of another state to assist in obtaining discovery; 29 and 30 (2) upon request, compel a person over whom it has jurisdiction to 31 respond to a discovery order issued by a tribunal of another state.
01 Sec. 25.25.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. The 02 child support enforcement agency of this state shall disburse promptly any amounts 03 received under a support order, as directed by the order. The agency shall furnish to 04 a requesting party or tribunal of another state a certified statement by the custodian of 05 the record of the amounts and dates of all payments received. 06 ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER. 07 Sec. 25.25.401. COMPLAINT TO ESTABLISH SUPPORT ORDER. (a) If 08 a child support order entitled to recognition under this chapter has not been issued, a 09 responding tribunal of this state may issue a child support order if 10 (1) the individual seeking the order resides in another state; or 11 (2) the support enforcement agency seeking the order is located in 12 another state. 13 (b) The tribunal may issue a temporary child support order if 14 (1) the respondent has signed a verified statement acknowledging 15 parentage; 16 (2) the respondent has been determined under law to be the parent; or 17 (3) there is other clear and convincing evidence that the respondent is 18 the child's parent. 19 (c) If a spousal support order entitled to recognition under this chapter has not 20 been issued, a responding superior court of this state may issue a spousal support order 21 if 22 (1) the individual seeking the order resides in another state; or 23 (2) the support enforcement agency seeking the order is located in 24 another state. 25 (d) If, after providing an obligor with notice and opportunity to be heard, an 26 appropriate tribunal finds that the obligor owes a duty of support, the tribunal shall 27 issue a support order directed to the obligor and may issue other orders under 28 AS 25.25.305. 29 (e) Before issuing an order under (b) of this section, the child support 30 enforcement agency shall adopt regulations for issuing such an order. 31 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER OF
01 ANOTHER STATE WITHOUT REGISTRATION. 02 Sec. 25.25.501. RECOGNITION OF INCOME WITHHOLDING ORDER OF 03 ANOTHER STATE. (a) An income withholding order issued in another state may 04 be sent by first class mail to the person or entity defined as the obligor's employer 05 under AS 25.27 without first filing a complaint or comparable pleading or registering 06 the order with a tribunal of this state. Upon receipt of the order, the employer shall 07 (1) treat an income withholding order issued in another state that 08 appears regular on its face as if it had been issued by a tribunal of this state; 09 (2) immediately provide a copy of the order to the obligor; and 10 (3) distribute the funds as directed in the withholding order. 11 (b) An obligor may contest the validity or enforcement of an income 12 withholding order issued in another state in the same manner as if the order had been 13 issued by a tribunal of this state. AS 25.25.604 applies to the contest. The obligor 14 shall give notice of the contest to any support enforcement agency providing services 15 to the obligee and 16 (1) to the person or agency designated to receive payments in the 17 income withholding order; or 18 (2) if no person or agency is designated, to the obligee. 19 Sec. 25.25.502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A 20 party seeking to enforce a support order or an income withholding order, or both, 21 issued by a tribunal of another state may send the documents required for registering 22 the order to the child support enforcement agency of this state. 23 (b) Upon receipt of the documents, the child support enforcement agency, 24 without initially seeking to register the order, shall consider and, if appropriate, use 25 any administrative procedure authorized by the law of this state to enforce a support 26 order or an income withholding order, or both. If the obligor does not contest 27 administrative enforcement, the order need not be registered. If the obligor contests 28 the validity or administrative enforcement of the order, the child support enforcement 29 agency shall register the order under this chapter. 30 ARTICLE 6. ENFORCEMENT AND MODIFICATION OF 31 SUPPORT ORDER AFTER REGISTRATION.
01 Sec. 25.25.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A 02 support order or an income withholding order issued by a tribunal of another state may 03 be registered in this state for enforcement. 04 Sec. 25.25.602. PROCEDURE TO REGISTER ORDER FOR 05 ENFORCEMENT. (a) A support order or income withholding order of another state 06 may be registered in this state by sending the following documents and information 07 to a tribunal of this state: 08 (1) a letter of transmittal requesting registration and enforcement; 09 (2) two copies, including one certified copy, of all orders to be 10 registered, including any modification of an order; 11 (3) a sworn statement by the party seeking registration or a certified 12 statement by the custodian of the records showing the amount of any arrearage; 13 (4) the name of the obligor and, if known: 14 (A) the obligor's address and social security number; 15 (B) the name and address of the obligor's employer and any 16 other source of income of the obligor; 17 (C) a description and the location of property in this state of the 18 obligor not exempt from execution; and 19 (D) the name and address of all potential third party resources, 20 including a health insurer, that might be available to meet the requirements of 21 a medical support order; and 22 (5) the name and address of the obligee and, if applicable, the agency 23 or person to whom support payments are to be remitted. 24 (b) On receipt of a request for registration, the registering tribunal shall file 25 the order as a foreign judgment, together with one copy of the documents and 26 information, regardless of their form. 27 (c) A complaint or comparable pleading seeking a remedy that must be 28 affirmatively sought under other law of this state may be filed at the same time as the 29 request for registration or later. The pleading must specify the grounds for the remedy 30 sought. 31 Sec. 25.25.603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a)
01 A support order or income withholding order issued in another state is registered when 02 the order is filed in the registering tribunal of this state. 03 (b) A registered order issued in another state is enforceable in the same 04 manner and is subject to the same procedures as an order issued by a tribunal of this 05 state. 06 (c) Except as otherwise provided in AS 25.25.601 - 25.25.612, a tribunal of 07 this state shall recognize and enforce, but may not modify, a registered order if the 08 issuing tribunal had jurisdiction. 09 Sec. 25.25.604. CHOICE OF LAW. (a) The law of the issuing state governs 10 the nature, extent, amount, and duration of current payments and other obligations of 11 support and the payment of arrearages under the order. 12 (b) In a proceeding for arrearages, the statute of limitation under the laws of 13 this state or of the issuing state, whichever is longer, applies. 14 Sec. 25.25.605. NOTICE OF REGISTRATION OF ORDER. (a) When a 15 support order or income withholding order issued in another state is registered, the 16 registering tribunal shall notify the nonregistering party. Notice shall be given by first 17 class, certified, or registered mail or by any means of personal service authorized by 18 the law of this state. The notice must be accompanied by a copy of the registered 19 order and the documents and relevant information accompanying the order. 20 (b) The notice must inform the nonregistering party 21 (1) that a registered order is enforceable as of the date of registration 22 in the same manner as an order issued by a tribunal of this state; 23 (2) that a hearing to contest the validity or enforcement of the 24 registered order must be requested within 20 days after the date of mailing or personal 25 service of the notice; 26 (3) that failure to contest the validity or enforcement of the registered 27 order in a timely manner will result in confirmation of the order and enforcement of 28 the order and the alleged arrearages and precludes further contest of that order with 29 respect to any matter that could have been asserted; and 30 (4) of the amount of alleged arrearages. 31 (c) Upon registration of an income withholding order for enforcement, the
01 registering tribunal shall notify the obligor's employer under AS 25.27. 02 Sec. 25.25.606. PROCEDURE TO CONTEST VALIDITY OR 03 ENFORCEMENT OF REGISTERED ORDER. (a) A nonregistering party seeking 04 to contest the validity or enforcement of a registered order in this state shall request 05 a hearing within 20 days after the date of mailing or personal service of notice of the 06 registration. The nonregistering party may seek to vacate the registration, to assert a 07 defense to an allegation of noncompliance with the registered order, or to contest the 08 remedies being sought or the amount of alleged arrearages under AS 25.25.607. 09 (b) If the nonregistering party fails to contest the validity or enforcement of 10 the registered order in a timely manner, the order is confirmed by operation of law. 11 (c) If a nonregistering party requests a hearing to contest the validity or 12 enforcement of the registered order, the registering tribunal shall schedule the matter 13 for hearing and give notice to the parties by first class mail of the date, time, and place 14 of the hearing. 15 Sec. 25.25.607. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) 16 A party contesting the validity or enforcement of a registered order or seeking to 17 vacate the registration has the burden of proving one or more of the following 18 defenses: 19 (1) the issuing tribunal lacked personal jurisdiction over the contesting 20 party; 21 (2) the order was obtained by fraud; 22 (3) the order has been vacated, suspended, or modified by a later order; 23 (4) the issuing tribunal has stayed the order pending appeal; 24 (5) there is a defense under the law of this state to the remedy sought; 25 (6) full or partial payment has been made; or 26 (7) the statute of limitation under AS 25.25.604 precludes enforcement 27 of some or all of the arrearages. 28 (b) If a party presents evidence establishing a full or partial defense under (a) 29 of this section, the tribunal may stay enforcement of the registered order, continue the 30 proceeding to permit production of additional relevant evidence, and issue other 31 appropriate orders. An uncontested portion of the registered order may be enforced
01 by all remedies available under the law of this state. 02 (c) If the contesting party does not establish a defense under (a) of this section 03 to the validity or enforcement of the order, the registering tribunal shall issue an order 04 confirming the order. 05 Sec. 25.25.608. CONFIRMED ORDER. Confirmation of a registered order, 06 whether by operation of law or after notice and hearing, precludes further contest of 07 the order with respect to a matter that could have been asserted at the time of 08 registration. 09 Sec. 25.25.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF 10 ANOTHER STATE FOR MODIFICATION. If a party or the child support 11 enforcement agency seeks to modify, or to modify and enforce, a child support order 12 issued in another state but not registered in this state, the party or agency shall register 13 that order in this state in the same manner provided in AS 25.25.601 - 25.25.604. A 14 complaint for modification may be filed at the same time as a request for registration, 15 or later. The pleading must specify the grounds for modification. 16 Sec. 25.25.610. EFFECT OF REGISTRATION FOR MODIFICATION. A 17 tribunal of this state may enforce a child support order of another state registered for 18 purposes of modification in the same manner as if the order had been issued by a 19 tribunal of this state, but the registered order may be modified only if the requirements 20 of AS 25.25.611 have been met. 21 Sec. 25.25.611. MODIFICATION OF CHILD SUPPORT ORDER OF 22 ANOTHER STATE. (a) After a child support order issued in another state has been 23 registered in this state, the responding tribunal of this state may modify that order only 24 if, after notice and an opportunity for hearing, it finds that 25 (1) the following requirements are met: 26 (A) the child, the individual obligee, and the obligor do not 27 reside in the issuing state; 28 (B) a petitioner who is not a resident of this state seeks 29 modification; and 30 (C) the respondent is subject to the personal jurisdiction of the 31 tribunal of this state; or
01 (2) an individual party or the child is subject to the personal jurisdiction 02 of the tribunal and all of the individual parties have filed a written consent in the 03 issuing tribunal providing that a tribunal of this state may modify the support order and 04 assume continuing, exclusive jurisdiction over the order. 05 (b) Modification of a registered child support order is subject to the same 06 requirements, procedures, and defenses that apply to the modification of an order 07 issued by a tribunal of this state and the order may be enforced and satisfied in the 08 same manner. 09 (c) A tribunal of this state may not modify any aspect of a child support order 10 that may not be modified under the law of the issuing state. 11 (d) On issuance of an order modifying a child support order issued in another 12 state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction. 13 (e) Within 30 days after issuance of a modified child support order, the party 14 obtaining the modification shall file a certified copy of the order with the issuing 15 tribunal that had continuing, exclusive jurisdiction over the earlier order and in each 16 tribunal in which the party knows that an earlier order has been registered. 17 Sec. 25.25.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER 18 STATE. A tribunal of this state shall recognize a modification of its earlier child 19 support order by a tribunal of another state that assumed jurisdiction under a law 20 substantially similar to this chapter and, upon request, except as otherwise provided 21 in this chapter, shall 22 (1) enforce the order that was modified only as to amounts accruing 23 before the modification; 24 (2) enforce only nonmodifiable aspects of that order; 25 (3) provide other appropriate relief only for violations of that order that 26 occurred before the effective date of the modification; and 27 (4) recognize the modifying order of the other state, upon registration, 28 for the purpose of enforcement. 29 ARTICLE 7. DETERMINATION OF PARENTAGE. 30 Sec. 25.25.701. PROCEEDING TO DETERMINE PARENTAGE. (a) A 31 tribunal of this state may serve as an initiating or responding tribunal in a proceeding
01 brought under this chapter or a law substantially similar to this chapter, the former 02 provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, or the 03 Revised Uniform Reciprocal Enforcement of Support Act to determine whether the 04 petitioner is a parent of a particular child or to determine whether a respondent is a 05 parent of that child. 06 (b) In a proceeding to determine parentage, a responding tribunal of this state 07 shall apply the procedural and substantive law of this state and the rules of this state 08 on choice of law. 09 ARTICLE 8. INTERSTATE RENDITION. 10 Sec. 25.25.801. GROUNDS FOR RENDITION. (a) The governor or a 11 designee of the governor may 12 (1) demand that the governor of another state surrender an individual 13 found in the other state who is charged criminally in this state with having failed to 14 provide for the support of an obligee; or 15 (2) on the demand by the governor of another state, surrender an 16 individual found in this state who is charged criminally in the other state with having 17 failed to provide for the support of an obligee. 18 (b) A provision for extradition of individuals not inconsistent with this chapter 19 applies to the demand even if the individual whose surrender is demanded was not in 20 the demanding state when the crime was allegedly committed and has not fled from 21 that state. 22 Sec. 25.25.802. CONDITIONS OF RENDITION. (a) Before making demand 23 that the governor of another state surrender an individual charged criminally in this 24 state with having failed to provide for the support of an obligee, the governor of this 25 state or the designee of the governor may require a prosecutor of this state to 26 demonstrate that the obligee had initiated proceedings for support under this chapter 27 at least 60 days previously or that the proceeding would be of no avail. 28 (b) If, under this chapter or a law substantially similar to this chapter, the 29 former provisions of this chapter, the Uniform Reciprocal Enforcement of Support Act, 30 or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of 31 another state makes a demand that the governor of this state surrender an individual
01 charged criminally in that state with having failed to provide for the support of a child 02 or other individual to whom a duty of support is owed, the governor or a designee of 03 the governor may require a prosecutor to investigate the demand and report whether 04 a proceeding for support has been initiated or would be effective. If it appears that a 05 proceeding would be effective but has not been initiated, the governor or designee may 06 delay honoring the demand for a reasonable time to permit the initiation of a 07 proceeding. 08 (c) If a proceeding for support has been initiated and the individual whose 09 rendition is demanded prevails, the governor or the designee of the governor may 10 decline to honor the demand. If the petitioner prevails and the individual whose 11 rendition is demanded is subject to a support order, the governor or designee may 12 decline to honor the demand if the individual is complying with the support order. 13 ARTICLE 9. MISCELLANEOUS PROVISIONS. 14 Sec. 25.25.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. 15 This chapter shall be applied and construed to effectuate its general purpose to make 16 uniform the law with respect to the subject of this chapter among states enacting it. 17 Sec. 25.25.902. SEVERABILITY CLAUSE. Under AS 01.10.030, if a 18 provision of this chapter or its application to a person or circumstance is held invalid, 19 the invalidity does not affect other provisions or applications of this chapter that can 20 be given effect without the invalid provision or application. 21 Sec. 25.25.903. SHORT TITLE. This chapter may be cited as the Uniform 22 Interstate Family Support Act. 23 * Sec. 4. AS 25.27.020(a) is amended to read: 24 (a) The agency shall 25 (1) seek enforcement of child support orders of the superior courts of 26 the state in other jurisdictions and shall obtain, enforce, and administer the orders in 27 this state; 28 (2) adopt regulations to carry out the purposes of this chapter and 29 AS 25.25, including regulations that establish 30 (A) schedules for determining the amount an obligor is liable 31 to contribute toward the support of an obligee under this chapter and under
01 42 U.S.C. 651 - 669 (Title IV-D, Social Security Act); 02 (B) procedures for hearings conducted under AS 25.27.170; and 03 (C) subject to AS 25.27.025 and to federal law, a uniform rate 04 of interest on arrearages of support that shall be charged the obligor upon 05 notice if child support payments are 10 or more days overdue or if payment is 06 made by a check backed by insufficient funds; however, an obligor may not be 07 charged interest on late payment of a child support obligation, other than a 08 payment on arrearages, if the obligor is 09 (i) employed and income is being withheld from the 10 obligor's wages under an income withholding order; 11 (ii) receiving unemployment compensation and child 12 support obligations are being withheld from the obligor's unemployment 13 payments under AS 23.20.401; or 14 (iii) receiving compensation for disabilities under 15 AS 23.30 and child support obligations are being withheld from the 16 obligor's compensation payments; 17 (3) administer and enforce AS 25.25 (Uniform Interstate Family 18 [RECIPROCAL ENFORCEMENT OF] Support Act); 19 (4) establish, enforce, and administer child support obligations 20 administratively under this chapter; 21 (5) administer the state plan required under 42 U.S.C. 651 - 669 (Title 22 IV-D, Social Security Act) as amended; 23 (6) disburse support payments collected by the agency to the obligee, 24 together with interest charged under (2)(C) of this subsection; 25 (7) establish and enforce administratively under this chapter, or through 26 the superior courts of the state, child support orders from other jurisdictions pertaining 27 to obligors within the state; 28 (8) enforce and administer spousal support orders if a spousal support 29 obligation has been established with respect to the spouse and if the support obligation 30 established with respect to the child of that spouse is also being administered; and 31 (9) obtain a medical support order as part of a child support order if
01 health care coverage is available to the obligor at a reasonable cost; the agency shall 02 consider whether adequate health care is available to the child through the Indian 03 Health Service or other insurance coverage before it orders an obligor to provide health 04 care coverage through insurance or other means; the medical support order must meet 05 the requirements of AS 25.27.063; and 06 (10) act on behalf of the Department of Health and Social Services 07 in the enforcement of AS 47.07.025(b). 08 * Sec. 5. AS 25.25.010, 25.25.020, 25.25.030, 25.25.040, 25.25.050, 25.25.060, 25.25.070, 09 25.25.080, 25.25.090, 25.25.100, 25.25.110, 25.25.120, 25.25.130, 25.25.140, 25.25.150, 10 25.25.160, 25.25.170, 25.25.171, 25.25.173, 25.25.175, 25.25.180, 25.25.190, 25.25.200, 11 25.25.210, 25.25.220, 25.25.230, 25.25.240, 25.25.250, 25.25.252, 25.25.254, 25.25.256, 12 25.25.258, 25.25.260, and 25.25.270 are repealed. 13 * Sec. 6. AS 25.25.313(a), added by sec. 3 of this Act, has the effect of amending Alaska 14 Rule of Administration 9, by requiring the waiver of filing fees and other costs under certain 15 circumstances. 16 * Sec. 7. AS 25.25.313(c), added by sec. 3 of this Act, has the effect of amending Alaska 17 Rules of Civil Procedure 79 and 82, by requiring the court to award costs and attorney fees 18 under certain circumstances. 19 * Sec. 8. AS 25.25.313(a) and 25.25.313(c), added by sec. 3 of this Act, take effect 20 January 1, 1996 only if AS 25.25.313(a) and 25.25.313(c) receive the two-thirds majority vote 21 of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 22 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect January 1, 1996.