Alaska Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

When the court issues a parenting plan or a custody and visitation order, it must issue a child support order based on Civil Rule 90.3. The parents cannot agree to waive child support or to have a specific amount that is lower than the calculated amount.

Rule 90.3(f)(3) defines divided custody as when both parents have primary physical Page 9 custody of at least one of the parent's children and the parents do not share custody of any of their children. The calculation of support for divided custody is a two-part process.

You can request a modification by calling, emailing or writing to CSED. Include your federal income tax returns for the past two years, W-2's (annual wage statements you receive from your employer), pay stubs for the past three months, and proof of health insurance coverage.

The State of Alaska provides for interest of 6% per year on missed child support payments charged the end of the month the support was due and not paid. On retroactive support the rate is 6% for past due support, from the date the order for past due support is issued or 12% if order was issued prior to October 1, 1996.

The law says that parents must support their child from the time the child is born until the child turns 18. If you have a child?even if you didn't know about a child that you fathered?you can be required to pay child support from the time of the child's birth.

Yes, it is a federal crime to willfully fail to pay support if the child and 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 one year delinquent.

Alaska. The state offers debt forgiveness for noncustodial parents who have accrued at least $1,500 in state-owed child support arrears and meets other eligibility criteria. If the parent complies with the arrears forgiveness agreement, state-owed debt will be forgiven in stages over a 6-year period.

Rule 90.3 says that the portion of an adjusted annual income over $126,000 will not be used in calculating the child support amount, unless the other parent presents evidence showing the higher income should be used in the calculation. If the cap is used, the AI will be $126,000 for the calculation.

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Alaska Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support