Section 11.51.122. Aiding the nonpayment of child support in the second degree.

   (a) A person commits the crime of aiding the nonpayment of child support in the second degree if the person knows that an obligor has a duty under an administrative or judicial order for periodic payment of child support, for cash medical support, or for the provision of health care coverage for a child under a medical support order or a cash medical support order, or both, and
        (1) being a person with a statutory duty to disclose information to a child support enforcement agency, intentionally withholds the information when it is requested by a child support enforcement agency;
        (2) being an employer of the obligor, intentionally withholds information about the residence or employment of the obligor, the eligibility of the obligor's children for coverage under the employer's health insurance plan, or the cost of the coverage of the children under the plan, when that information is requested by a child support enforcement agency or when the employer is required by state or federal law to report the information without a request by a child support enforcement agency; or
        (3) intentionally participates in a commercial, business, employment, or other arrangement with the obligor, knowing at the time that the arrangement is made that it will allow the obligor to avoid paying all or some of the support when it is due or to avoid having a lien placed on assets for the payment of delinquent support; receipt of a substantial asset for less than fair market value from an obligor after the obligor's support order has been established constitutes a rebuttable presumption that the person receiving the asset knew that the transfer would allow the obligor to avoid paying all or some of the support or to avoid having a lien placed on the asset.
   (b) In a prosecution under (a)(2) and (3) of this section, it is a defense that the
        (1) defendant did not intend to assist the obligor in the nonpayment of child support or in the avoidance of a duty to provide health care coverage of a child; or
        (2) obligor did not intend to avoid paying child support or to avoid providing health care coverage of a child.
   (c) This section does not prohibit an arrangement entered into with an attorney for the purpose of paying the attorney who represents the child support obligor in proceedings to contest or modify a child support order.
   (d) In this section, "child" and "child support" have the meanings given in AS 11.51.120.
   (e) Aiding the nonpayment of child support in the second degree is a class A misdemeanor.
   (f) In addition to the penalties under (e) of this section, aiding the nonpayment of child support in the second degree is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.

Authorities

11.51.121;12.55.139

Notes

References

AS 11.51.121 Aiding the nonpayment of child support in the first degree.
AS 12.55.139 Penalties for criminal nonsupport and aiding nonpayment of child support.

History

(Sec. 3 ch 86 SLA 1994; am Sec. 1, 2 ch 106 SLA 2000; am Sec. 5 - 8 ch 108 SLA 2004; am Sec. 2 ch 45 SLA 2009)