Section 25.27.060. Order of support.

   (a) Unless otherwise provided under AS 25.24.910 or AS 25.27.061, an order of support establishes a relationship by which the custodian of the child is the administrator for the purposes of administering child support on behalf of the child. The court shall carefully consider the need for support, the ability of both parents to meet such support obligations, the extent to which the parents supported the child before divorce, and the economic ability of the parents to pay after separation and divorce. The court shall also consider the effect on the support obligation of a change in custodian. The need of the child for support shall be considered regardless of the sex of the parent awarded custody of the child.
   (b)   [Repealed, Sec. 21 ch 126 SLA 1977]. 
   (c) In a court or administrative proceeding where the support of a minor child is at issue, the court or agency, as applicable, may order either parent or both parents to pay the amount necessary for support, maintenance, nurture, and education of the child. Regardless of whether a support order for periodic payments is issued, the court or agency shall issue a medical support order, a cash medical support order, or both. The medical support order shall require health care insurance coverage for the child if health care insurance coverage is available to either parent or both parents for the child at a reasonable cost. The court or agency shall consider whether the child is eligible for services through the Indian Health Service or other insurance coverage before ordering either parent or both parents to provide health care coverage through insurance, cash medical support, or other means or a combination of insurance, cash medical support, or other means. The court or agency shall allocate equally the cost of health care insurance for the child between the parents unless there is good cause to allocate the costs unequally. If the obligor has the duty to make periodic payments for non-medical child support, the obligor's periodic payments shall be decreased by the amount of the other parent's portion of payments for health insurance ordered by the court or agency and actually paid by the obligor. If the obligor has a duty to make periodic payments for non-medical child support, the periodic payments shall be increased by the obligor's portion of payments for health insurance if the other parent is ordered to and actually does obtain and pay for insurance. The court or agency shall allocate equally between the parents the cost of reasonable health care expenses not covered by private insurance unless there is good cause to allocate the costs unequally. One parent shall reimburse the other parent for the first parent's share of the uncovered expenses paid by the parent within 30 days after receipt by the first parent of the bill for the health care, payment verification, and, if applicable, a health insurance statement indicating what portion of the cost is uncovered. The medical support order must meet the requirements of AS 25.27.063. Upon a showing of good cause, the court may order the parents required to pay support to give reasonable security for payments.
   (d) An order for prospective child support may be modified or revoked under AS 25.24.170.

Authorities

25.27.020;25.27.170;25.27.180;25.27.900;47.07.025

Notes

Implemented As

15 AAC 125.040
15 AAC 125.085
15 AAC 125.331
15 AAC 125.426
15 AAC 125.427
15 AAC 125.428
15 AAC 125.429
15 AAC 125.431
15 AAC 125.432
15 AAC 125.570
15 AAC 125.572

References

AS 25.27.020 Duties and responsibilities of the agency.
AS 25.27.170 Hearings in administrative action to establish support duty.
AS 25.27.180 Administrative findings and decision.
AS 25.27.900 Definitions.
AS 47.07.025 Assignment of medical support rights.

History

(Sec. 1 ch 251 SLA 1976; am Sec. 21 ch 126 SLA 1977; am Sec. 8 ch 40 SLA 1985; am Sec. 6 ch 68 SLA 1988; am Sec. 10 ch 117 SLA 1992; am Sec. 5 ch 102 SLA 1994; am Sec. 2 ch 7 FSSLA 1994; am Sec. 7 ch 106 SLA 2000; am Sec. 4 ch 45 SLA 2009)