Section 25.25.611. Modification of child support order of another state.

   (a) If AS 25.25.613 does not apply, upon complaint or comparable pleading, a tribunal of this state may modify a child support order issued in another state that is registered in this state, if, after notice and an opportunity for hearing, the tribunal finds that
        (1) the following requirements are met:
             (A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
             (B) a petitioner who is not a resident of this state seeks modification; and
             (C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
        (2) this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal and all of the parties who are individuals have filed consents in a record in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction.
   (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
   (c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and child, the order that is controlling and must be recognized under the provisions of AS 25.25.207 establishes the nonmodifiable aspects of the support order.
   (d) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
   (e) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
   (f) Notwithstanding (a) - (e) of this section and AS 25.25.201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if
        (1) one party resides in another state; and
        (2) the other party resides outside the United States.

Authorities

25.25.201;25.25.610;25.25.615

Notes

Recent Bills that will modify this

HB 106 UNIFORM INTER.CHILD SUPPORT;PARENTAGE
SB 51 UNIFORM INTER.CHILD SUPPORT;PARENTAGE

Implemented As

15 AAC 125.720

References

15 AAC 125.316
15 AAC 125.720
AS 25.25.201 Bases for jurisdiction over nonresident.
AS 25.25.610 Effect of registration for modification.
AS 25.25.615 Jurisdiction to modify child support order of foreign country.

History

(Sec. 6 ch 57 SLA 1995; am Sec. 69, 70, 148 ch 87 SLA 1997; am Sec. 20 ch 132 SLA 1998; am Sec. 90 - 93 ch 32 SLA 2015)