HB 231: "An Act relating to termination of the parental rights of a person who owes substantial child support arrearages."
00 HOUSE BILL NO. 231 01 "An Act relating to termination of the parental rights of a person who owes substantial 02 child support arrearages." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.20 is amended by adding a new section to read: 05 Sec. 25.20.150. Termination of parental rights for substantial child 06 support arrearages. (a) The custodial parent of a child who resides in this state may 07 file an action to terminate the parental rights of a noncustodial parent of the child if the 08 noncustodial parent is not in substantial compliance with a child support order 09 covering the child. The court shall terminate the parental rights of the noncustodial 10 parent if, at the time of the court's hearing on the matter, the court finds that 11 (1) the noncustodial parent is not in substantial compliance with a 12 child support order relating to the child that was established by a court or by the child 13 support enforcement agency of this state or of another jurisdiction; and 14 (2) termination of those parental rights is in the best interests of the
01 child. 02 (b) An order terminating parental rights under this section terminates the 03 noncustodial parent's prospective duty to pay child support for the child and the 04 noncustodial parent's visitation rights, if any, but does not terminate the noncustodial 05 parent's duty to pay child support arrearages that accrued before the court's order. 06 (c) In this section, 07 (1) "custodial parent" means a parent who has full legal and physical 08 custody of a child, although another person may have visitation rights with the child; 09 (2) "noncustodial parent" means a parent who has neither legal nor 10 physical custody of a child, but who may have visitation rights with the child; 11 (3) "substantial compliance" regarding a child support order means 12 that, with respect to periodic payments required under the support order, the obligor 13 has 14 (A) no arrearage; 15 (B) an arrearage in an amount that is not more than 12 times 16 the monthly obligation under the support order; or 17 (C) been determined by the court to be making the best efforts 18 possible under the obligor's circumstances to have no arrearages under the 19 child support order.