Current through August 30, 2024
(a) At the request
of a parent, the agency may, for good cause, vary a child support award
calculated under
15 AAC 125.070 if the parent provides to the agency clear and
convincing evidence that
(1) repealed
4/15/2005;
(2) manifest injustice
will result unless the child support award under
15 AAC 125.070 is varied because of unusual circumstances;
for purposes of this paragraph, unusual circumstances may include:
(A) especially large family size;
(B) significant income of a child;
(C) divided custody under which one parent
has primary custody of one or more children of the relationship and the other
parent has primary custody of one or more other children of the
relationship;
(D) health or other
extraordinary expenses;
(E)
unusually low expenses;
(F) the
existence of subsequent children of the obligor parent, but only if failure to
vary the child support award under
15 AAC 125.070 would cause substantial hardship to the
subsequent children;
(G) a
consideration of the incomes of both parents; or
(H) in a modification action, the fact that
the obligor parent has taken a second job in order to better provide for a
subsequent family; or
(3) the parent has an adjusted annual income
that is more than $126,000, as calculated under
15 AAC 125.065; if a parent qualifies for a variance under
this paragraph, the agency will base the support award on an adjusted annual
income of $126,000; the agency will make an additional award under this
paragraph if the agency determines that an additional award is just and proper,
taking into account the needs of the children, the standard of living of the
children, and the extent to which that standard should be reflective of the
parent's ability to pay.
(4)
repealed 8/4/2005.
(b)
The following reasons do not, alone, provide good cause for varying a child
support award under (a) of this section, but the agency may consider them if
there is evidence of other unusual circumstances in a particular case:
(1) agreement of the parents;
(2) prior and subsequent debts of the obligor
parent;
(3) income of a new spouse
of either the custodial or obligor parent; or
(4) the age of the children.
(c) The agency may not consider
the following reasons in determining whether there is good cause to vary a
child support award under (a) of this section:
(1) denial of visitation; or
(2) relocation of the custodial or obligor
parent.
(d) The agency
will set a support award at no less than the minimum support amount of $50 per
month set out in Alaska Rule of Civil Procedure 90.3(c)(3), except to the
extent that
(1) the parent is entitled to an
extended visitation credit under a valid order granting the parent visitation
in excess of 27 consecutive days and providing for a credit for a period in
which the extended visitation is actually exercised; or
(2) a lesser amount is required under a
shared, divided, or hybrid custody calculation under Alaska Rule of Civil
Procedure 90.3(b).
The repealed regulation at 15 AAC 125.075(a)(4) was
originally adopted as an emergency regulation that took effect on
4/15/2005.
Authority:AS
25.27.020
AS
25.27.140
AS
25.27.160
AS
25.27.170
AS
25.27.200
