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In the
Great State of Alaska, all rulings and divorce
actions go through Rule 90.1, which covers dissolution
of marriage, divorce, annulment, and legal separation.
Rule 90.3 addresses child support awards. You
may be wigged out like many os us were when we
first had to do this, and if so, perhaps you should
view this
page first.
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. In 2008, each
qualifying resident received $2,069.00 from this
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Alaska
divorce statutes provide that in cases where a
marriage annulment or marital annulment is sought,
and there are children of the marriage, that those
children be afforded the same rights, protections
and parental financial support, including that
the children are not considered illegitimate offspring
of the parents, that other children of the state
receive.
If a marriage separation (sometimes referred
to as a marital separation or legal separation)
has been decreed, the court may make such further
orders for the support and maintenance of either
spouse and for the support, maintenance, and education
of minor children, by either spouse, or out of
the property of either spouse, as the court deemed
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Child Support
Oh child support. It is intended to provide the child the standard of living he
or she may have had had there not been a divorce. 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. In 2008, each qualifying resident received $2,069.00 from this fund.
Alaska divorce
statutes provide that in cases where a marriage
annulment or marital annulment is
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sought,
and there are children of the marriage, that those
children be afforded the same rights, protections
and parental financial support, including that
the children are not considered illegitimate offspring
of the parents, that other children of the state
receive.
If a marriage
separation (sometimes referred to as a marital
separation or legal separation) has been decreed,
the court may make such further orders for the
support and maintenance of either spouse and for
the support, maintenance, and education of minor
children, by either spouse, or out of the property
of either spouse, as the court deemed appropriate.
Are you just starting out with divorce, and
need a blueprint, or guidance, on what to do and
NOT do? Things your attorney may not |
tell you?
Is your spouse saying things that threaten your
ability to raise your kids? Peace of mind can
only come from knowing the process, what's possible,
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Child Custody
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. Alaska divorce law mandates child support be calculated on net income. In cases where a marriage separation (sometimes called a marital separation or divorce separation) is petitioned for, Alaska family law requires the resolution of all issues including child support.
Alaska divorce laws instruct the court to 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
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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.
You may choose to receive child support payments
electronically, which includes an optional
Visa debit card. To fill out an application
for a Visa debit card, click on 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.
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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? Click on
the Alaska Family laws link above.
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
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Visitation/Co-Parenting
Alaska affords the same basic rights to visitation (or co-parenting)
for non-custodial parents that all other states do. If parents can't arrive at a custody sharing agreement, Alaska courts will give the non-custodian every other weekend, one night per week, alternate holidays, Mother's and Father's Days, and a liberal summer stay. The courts must continue to make decisions in the best interest of the children, but when considering an out of state move, must examine
the following factors before
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making
that determination: the reasons why the parent
wishes to relocate with the child;
•the
reasons why the other parent objects to the proposed
move;
•the educational
opportunities for the child in the present home
community and/or in the proposed new community;
•whether
there is extended family in the present home community
and/or in the proposed new community;
•the benefits of the child remaining with
the parent with whom
the child
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presently
resides a majority of the time; the anticipated
impact of the move on the child;
•whether
meaningful parenting time-visitation can be afforded
the other parent if the move or relocation is
granted;
•and any other factors relevant in considering
the best interests of the child.
•the history and quality
of each parent's relationship with the child since
earlier court orders;
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Alimony
Maintenance
Spousal Support
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 (or
spousal support or |
maintenance)
is often intended by the courts to be rehabilitative
or for re-orienting a person back into the work
force. Alaska
state statute allows the court to consider "any
factors (it) determines to be relevant" when
dividing community property and awarding spousal
support. You
can count
on alimony being of short duration in many cases.
Factors the court may consider in determining
alimony include: 1. The length of the
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marriage
and the station in life of the parties during
the marriage, 2. The age and health of the parties,
3. The earning capacity of the parties, 4. The
financial condition of the parties, 5. The conduct
of the parties, including whether there has been
an unreasonable depletion of marital assets, 6.
The division of property and 7. Any other relevant
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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). If it
is a no-fault petition, it
must be a
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Petition
for Dissolution of Marriage. If
it is based on fault, the petition must be a Complaint
for Divorce. The state of Alaska,
like most states, permits either a husband or
wife to pursue a no-fault divorce; however, a
petitioner--the person who initiates the divorce--can
also file on specific grounds.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.
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The
dissolution of marriage grounds are as follows:
Fault Grounds for Divorce, 1. failure to consummate
the marriage, 2. adultery, 3. conviction of a
felony, 4. wilful desertion for a period of one
year, 5. cruel and inhuman treatment, 6. habitual
gross drunkenness, 7. incurable mental illness,
and 8. Drug addiction. Get divorce forms here.
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Marriage
Annulment
Marital Annulment
An annulment is a legal
procedure that dissolves a couple's marital status
by establishing that a valid marriage never existed.
In Alaska, annulment law is a legality which nullifies
an already void marriage. The marriage will be
set aside as if it never happened, returning the
parties back to single status. An annulment in
Alaska is not the easiest procedure you'll go
through. Like a divorce or |
separation
you'll need to petition the court for a marital
annulment, provide grounds, have your partner
served and wait for a hearing date. Courts require
greater proof (more convincing evidence) for annulments
than they do for divorces. Grounds for a marriage
annulment are:Fraud or Duress- If your spouse has married you by misrepresenting him or herself, you can file for annulment under Alaska annulment laws, Underage Marriage-
annulment petitions are accepted from parties
that were part of a marriage involving either
being younger
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than
15, Mental Illness or Incapacity-
If your spouse had a mental illness at the time
of the marriage and you do not want to continue
living with him or her, you can file for annulment
under Alaska annulment laws, Bigamy or multiple
marriages- According to Alaska annulment
laws, if your spouse was already married and entered
into another marriage with you, you can get an
annulment in Alaska, and Impotency- If
your spouse is impotent and you were not aware
of this fact before marriage, Alaska annulment
laws permit you to file for annulment.
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Marriage
Counseling
Mediation
Mediation is a voluntary and confidential process in which a neutral third party facilitator (the mediator) helps a couple discuss opposing views and negotiate an agreement involving the issues of divorce or dissolution. The couple in mediation create their own solutions and the mediator does not have any decision making power over the parties.
One of the parties 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. If there is a protective order (restraining
order) in place, they court may not order mediation
unless the object of the protection agrees. Marriage
counseling may be recommended if it appears it
will provide some sort of benefit.
You may realize that we all need
some help processing all this angst. The help
can come in the form of friends, relatives or
professionals. If you're not
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inclined
to approach family or friends, and unwilling to
pay for professional counseling, the next best
step would be educating yourself, through reading.
This site has a Bookstore
sponsored by Amazon.com, where you can find
some fabulous books on just about every consideration
surrounding divorce. Spend some time and a few
bucks to help yourself get through this nightmare
in one piece.
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Legal
Separation/
Marital Separation
 You should know that a legal separation does not restore the parties to the status of unmarried persons, but only modifies their rights and responsibilities to the extent specified in the decree of separation.
One files a petition
for an Alaska legal separation much like they
would for a dissolution of marriage. A legal separation
(sometimes referred to as a marital separation)
may be granted by |
the
court if it finds that incompatibility exists
and the continuation of the parties' status as
married persons preserves or protects significant
legal, financial, social, or religious interests.
The judge hearing a legal separation case will
decide child custody, child support, spousal support
and the division
of property and debts. The separation process
will not alter the marital status (married) of
the parties, and one will need to petition the
court sometime in the future if there is a desire
to change it from separation to divorce. A marital
separation allows the parties to live separate
lives. A legal separation is sometimes pursued
when
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one
of the parties wants to stay married for religious
reasons, wants the advantage of deductibility
of spousal support payments for income tax reasons,
wants to maintain various insurance coverage's,
or do not want to wait the state statutory waiting
period for termination of marital status.
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Grandparents Rights
A 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:
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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
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petitioner
is a paternal grandparent of the illegitimate
child, and paternity has been established by a
court of competent jurisdiction.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
Alaska statutes provide for "fair and equitable" division
of community property, including debt. In marriages
of short duration, the court may choose to restore
the two parties to the financial situation they
were at before marriage. Spouses can and do receive
greater than half the community property. Courts
consider what is known as the "Merrill
factors" in determining division of community
property. Factors include: the parties'
age and health; their respective earning capacities
(including educational background and job training);
if one spouse quit working to care for children;
their financial conditions (including the availability
and cost of health insurance); if one party depleted
the marital assets; and who has primary custody
of the couple's children (for purposes of awarding
real |
property).You
and your spouse will reach a property settlement,
or the court
will do so for you. Fair and equitable means that
the court will divide the marital property between
the parties as it deems equitable and just, without
regard to fault. Alaska divorce laws mandate that
the court 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: 1. The length of the marriage,
2. The age and health of the parties, 3. The earning
capacity of the parties, 4. The financial condition
of the parties, 5. The conduct of the parties,
including whether there has been an unreasonable
depletion of marital assets, 6. 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, 7. The circumstances
and
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necessities
of each party, 8. The time and manner of acquisition
of the property in question and 9. 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? Worried that a pre-marital property
will become part of a divorce settlement? 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.
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Same Sex Marriage: Alaska has adopted the Federal Defense of Marriage Act of 1996 (DOMA) into its state constitution. Alaska prohibits same-sex marriages or the recognition of same-sex marriages
from another jurisdiction.
Residency Requirement
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.
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