Alaska divorce laws

Alaska Rule 90.1 covers dissolution of marriage, divorce, and legal separation. Rule 90.3 addresses child support awards. Alaska is unique in that it has a pool of funds (Permanent Fund Dividend) created by oil exploration and revenues that distributes a dividend to residents each year, and the amount of that dividend is determined by how long one has been a resident of the state. These distributions are often seized by the state when an arrearage to a child support obligation has occurred. Note that residents who have certain criminal convictions can be excluded from dividends.

Child Support

If you think Alaska is wild, wait until you traverse a divorce in this state. Alaska bases child support calculations on the "percentage of obligor income", or "Wisconsin Model", a model not without controversy, as it does not take into consideration the custodial parent's income in any meaningful way. Wait you say?! What about 'her' income? The answer is: it doesn't matter. In cases where the parents each make significant incomes, inequity arises in that the non-custodial parent can end up paying most or all of the everyday expenses of the children, leaving the custodial parent potentially contributing much less.

The court will first determine primary physical custody and award child support to that parent. The child support calculation will be the adjusted annual income of the non-custodial parent after deducting certain expenses, and then multiplying that figure by the following percentages: 20% for one child; 27% for two children; 33% for three children; and an extra 3% for each additional child.

If you have an obligation due, there are a number of methods to receive payment, including electronic transfer. If you receive payments, you can receive them electronically, which includes an optional Visa debit card. To fill out an application for a Visa debit card, visit this link.

On occasions where the non-custodial parent spends extended summer vacations with the children or has the children in his or her extended care at other times, that non-custodial parent can reduce his or her child support payments by up to 75% for any period in which he or she has extended visitation of over 27 consecutive days with the child. Parents may not exercise this without it being provided for in a court order. The order must specify the amount of the reduction which is allowable if the extended visitation is exercised. Is is advisable that this be a stated part of the overall divorce agreement to reduce disagreement later. Make sure your lawyer covers this.

Some examples of income for purposes of computing one's total income can be: salaries and wages, commissions, severance pay, bonuses, profit-sharing, dividends and interest, workers comp and unemployment compensation, pensions, annuities, capital gains, social security, veterans benefits, military pay and more. Most all forms of cash flow will be considered income for purposes of calculation child support. Do you need to read Alaska divorce laws? Book this page and click here.

For parents wishing to apply for child support, they can complete both an application along with an affidavit of child support payments they have already received, and send the above to The Alaska Child Support Services Division. ACCS will help put a child support order in place. The Alaska Child Support Services Division 550 W. 7th Ave., Suite 310 Anchorage, AK 99501-6699 Fax number: (907) 787-3189

Residency            

Alaska divorce statutes require that the spouse filing for divorce be a resident of the state. There is no residency time limit for filing divorce actions.

Child Custody 

Alaska family law defines "Primary custody" as when one parent has physical custody of the child - in other words, the child will be living with that parent - for over seventy percent of the year. Shared child custody applies only if the other parent will have physical custody of the child at least thirty percent of the year (110 overnights per year). The visitation schedule must be specified in the decree or in the agreement of the parties which has been approved by the court.

"Shared custody" means that each parent has physical custody of the children at least thirty percent of the year according to a specified visitation schedule in the decree. "Shared custody" has no relation to whether a court has awarded sole or joint legal child custody. "Shared custody" is solely dependent on the time that the decree or agreement of the parties which has been ratified by the court specifies the children will spend with each parent.

In order for a day of visitation to count towards the required thirty percent, the children normally must remain overnight with that parent.

If you fail to fully exercise your co-parenting time with your children, an inequity arises under the shared custody calculation of support. The courts expect that since you bargained for the shared custody you must spend an appropriate amount of time with them e.g., at least 30% of the time. If the paying parent does not actually exercise sufficient physical custody to qualify for the shared child custody calculation in the rule (at least 110 overnights per year), then this rule will apply to the child support calculation. Failure to exercise custody in this regard is grounds for modification of support, even if the custody order is not modified. This means if you are the primary care-giver that you can request a hearing to have him or her pay more since it has cost you more. However, this provision may not be interpreted to allow the custodial parent to profit by denying visitation. In determining whether to award shared custody of a child the court will consider:

1. the child's preference if the child is of sufficient age
2. the needs of the child;
3. the stability of the home environment likely to be offered by each parent; the education of the child;
4. the advantages of keeping the child in the community where the child presently resides;
5. the optimal time for the child to spend with each parent
6. any findings and recommendations of a neutral mediator;
7. any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
8. evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
9. other factors the court considers pertinent.

In the end, the courts know every trick in the book. Some parents deliberately delay or defer co-parenting time in an effort to lash out at the other parent. Don't do this. Don't play games. The children always suffer the most (and it's generally illegal).

Grounds for Divorce  

Your petition for dissolution of your marriage must declare the appropriate Alaska grounds upon which the dissolution of marriage is being sought (If you're doing this without a lawyer make sure you get this right).

The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

• No-Fault Grounds for Divorce:
• failure to consummate the marriage;
• adultery;
• conviction of a felony;
• wilful desertion for a period of one year;
• cruel and inhuman treatment;
• habitual gross drunkenness;
• incurable mental illness; Drug addiction.

Mediation          

Under most circumstances, a party to a divorce action may file a motion requesting mediation for the purpose of achieving a mutually agreeable settlement. The court on its own motion may order the parties to participate in mediation if it determines that mediation may result in a more satisfactory settlement between the parties. Less disagreement nearly always means less legal expense.

Alimony             

In general terms, alimony awards are not favored Alaskan courts. Rather, judges prefer to provide a spouse with additional property at the time of divorce. It may be awarded to either party without regard to fault in either lump sum or installment payments. Alimony, when ordered, if often intended by the courts to be rehabilitative or for re-orienting a person back into the work force. Count on alimony being of short duration. Factors the court may consider in determining alimony include:

• The length of the marriage and the station in life of the parties during the marriage.
• The age and health of the parties.
• The earning capacity of the parties.
• The financial condition of the parties.
• The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
• The division of property.
• Any other relevant factors.

Alimony isn't always awarded. It is at the discretion of the court.

Waiting period  

No waiting period exists.

Grandparents Rights

Aa grandparent or great-grandparent may petition the circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

1. The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;
2. The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or
3. The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

Divorce Settlement

Alaska is an equitable distribution state. You and your spouse will reach a property settlement, or the court will do so for you. Equitable distribution which means that the court will divide the marital property between the parties as it deems equitable and just, without regard to fault. It will make the division in what it considers a fair way, although that may not mean evenly. Factors the court will consider in dividing the property include:

• The length of the marriage.
• The age and health of the parties.
• The earning capacity of the parties.
• The financial condition of the parties.
• The conduct of the parties, including whether there has been an unreasonable depletion of marital assets.
• The desirability of awarding the family home, or the right to live in it for a reasonable period of time to the party with custody of the child, if any.
• The circumstances and necessities of each party.
• The time and manner of acquisition of the property in question.
• The income producing capacity of the property and the value of the property at the time of division.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.