Alaska Child Support Guidelines

If two people bring a child into the world, they have a legal obligation to provide for their offspring. For parents who aren't raising children together, child support ensures the child's needs are met. The state of Alaska uses child support guidelines to bring uniformity and fairness to the child support order process.

With different agencies making child support orders and different types of child custody arrangements affecting the amount of child support payments, things can get confusing in Alaska. This article will explain what the Alaska child support guidelines do, how they work, and what's covered by a child support order.

Child Support in Alaska

It doesn't matter if you were married for years before splitting up or if you only spent one night together. All parents carry an obligation to provide for their minor children. In most cases, families in a single household are assumed to meet their children's needs. Once children aren't in a two-parent home, child support is required.

Under Alaska law, parents must care for their children until they reach their 18th birthday. This obligation is extended if the child hasn't graduated from high school when they turn 18. In that case, it stays in place until the child either graduates from high school or reaches the age of 19.

Each state is responsible for the collection, disbursement, and enforcement of child support payments. This requirement became federal law under Title IV-D of the 1975 Social Security Act. All child support payments in Alaska are handled by the Child Support Enforcement Division (CSED) of the Alaska Department of Revenue.

When it comes to creating child support orders, Alaska differs from most other states. It allows two separate government entities to create child support orders. In addition to the CSED, Alaska's Superior Court issues child support orders. Whether it's an administrative order or a court order, the Alaska child support guidelines are used to calculate child support obligations.

While the orders function in the same manner, there are notable differences between them. These are listed below:

Child Support Enforcement Division (CSED):

• Can issue a child support order when one parent files for child support from the other alleged parent

• Must be involved if a child support order involves a parent receiving a public benefit

• Cannot modify or replace a court-issued child support order

Alaska Superior Court:

• Must issue a child support order when it decides custody cases and visitation arrangements for children involving divorce, dissolution, or custody orders between unmarried parents

• Can issue a child support order when one parent files for child support from the other alleged parent

• Can modify a CSED child support order

• If a CSED order is in place and the court issues an order for the same people, the court order replaces the CSED order

• Can issue an order when parents have agreed on terms and payments outside of the CSED

Knowing which order to get can be confusing. If you're unsure of how to proceed or feel overwhelmed by the child support process, consider speaking with a family law attorney.

The CSED also handles all administrative aspects of child support in Alaska. This includes creating child support orders, collecting payments, disbursing funds, modifying certain orders, and enforcing payments.

The default method of collection is wage-withholding, which has employers remove child support amounts from the paying parent's paycheck. This is not voluntary.

The main objective of child support is to meet the needs of the child. Both parents are obligated to contribute. These requirements can include:

• Clothing

• Educational expenses

• Extraordinary medical expenses

• Food

• Payment of health insurance premiums/healthcare coverage

• Reasonable childcare expenses

• Shelter

• Work-related daycare expenses

• All other requirements assigned by the court

The Alaska child support guidelines, also known as Civil Rule 90.3, address these needs. The guidelines are reviewed and updated on a regular basis.

Determining Child Support Payments

Determining which parent makes child support payments is a complex process. If one parent has custody of the children for the majority of the time, they're considered the custodial parent. The other birth parent is the non-custodial parent and likely makes child support payments.

The custody arrangement plays a large part in calculating child support obligations. Alaska uses four different types of child custody classifications based on parenting time to determine which parent is custodial:

• Primary Custody: This is when one parent has all children eligible for the same child support order for at least 256 overnights per year (70%). This is referred to as primary physical custody. All children on the order share the same parenting schedule. The noncustodial parent pays child support to the parent who has primary custody. This uses Child Support Guidelines Affidavit DR-305.

• Shared Custody: Under a shared custody arrangement, the children spend at least 110 overnights per year (30%) with each parent. All children on the order share the same parenting schedule. The parent with fewer overnights pays child support to the other parent, but this is adjusted for parenting time. This uses Child Support Guidelines Affidavit DR-305 and the Shared Custody Child Support Calculation DR-306 form.

• Divided Custody: Divided custody involves multiple children. Both parents have primary physical custody of one or more children but do not have at least 110 overnights with all children on the order, so there's no shared custody. Under divided custody, children do not share the same parenting schedule. Use Child Support Guidelines Affidavit DR-305 and the Divided Custody Child Support Calculation DR-307 form to determine child support payments for divided custody.

• Hybrid Custody: Alaska uses hybrid custody when both parents have shared custody of one or more children and one or both parents have primary physical custody of one or more children. Children in a hybrid custody arrangement don't share the same parenting schedule. Parents in a hybrid custody arrangement use the Child Support Guidelines Affidavit DR-305 and Hybrid Custody Child Support Calculation DR-308.

It's okay to find determining your custody arrangement a bit bewildering. Call the CSED or a child support attorney for clarification.

Alaska's child support payment model differs from that of most other states. Alaska follows the Percentage of Income Model, which uses the noncustodial parent's (or obligor's) income as the basis for determining payment amounts. Most states use the income shares model, which combines the income of both parents as a starting point.

Both the CSED and the Alaska Supreme Court will follow the child support guidelines and use the Percentage of Income model unless extraordinary or unusual circumstances demand otherwise. The basic steps involved in a primary custody child support case are as follows:

Step One - Determining the Non-Custodial Parent's Annual Adjusted Income

The process begins with figuring out the non-custodial parent's income on an annual basis. This is accomplished by including all possible sources of income. Once this gross income is created, all applicable deductions are applied. These include:

• Federal taxes OWED (not withheld)

• State or local income taxes if you live outside of Alaska

• State unemployment insurance (SUI)

• Social Security and Medicare (FICA)

• Mandatory retirement contributions

• Voluntary retirement contributions that can be no more than 7.5% of total income when combined with mandatory retirement contributions

• Union dues

• Work-related childcare

• Child support ordered for prior children of a different relationship

• Cost of supporting the older children living with you, including children that live with you in a shared custody arrangement

• Out-of-pocket cost of health insurance premiums, including dental and vision coverage, paid by the parent and for the parent’s own coverage to a maximum of 10% of the parent’s total income

• Life insurance premiums if the beneficiary of the policy is the other parent or children you and the other parent have together

Other deductions are possible. Contact the CSED or the clerk of courts for assistance. This gives you the adjusted annual income (AI) of the non-custodial parent.

Step Two - Applying Percentage Based on Number of Children

The more children you have, the more child support you'll have to pay. The non-custodial parent's AI is multiplied by a percentage based on the number of children in the order. The percentages are:

• One child: 20%

• Two children: 27%

• Three children: 33%

• Each child over three: An additional 3% each

Alaska requires a minimum monthly child support payment of $50. If your total is below $50 after this step, you must pay the minimum.

Step Three - Applying an Extended Visitation Credit (if necessary)

If a non-custodial parent has an extended visitation of over 27 days, they can apply for a credit on their child support obligation of up to 75% for that period. The state presumes that the normal child support payment is spent on the child directly instead. A written request supported by documentation proving the visitation is submitted to the CSED.

Step Four - Determining Potential Income (if necessary)

Paying child support is an obligation, not a choice. A parent who leaves a job without good cause or doesn't put effort into finding employment won't have their child support payments reduced if the court or CSED believes they're doing so on purpose. Potential income is used for calculating child support in this situation.

Step Five - Low-Income Adjustment (if necessary)

For annual adjusted incomes under $30,000, the state allows the parent to use the lower of either their adjusted income or $7,500 as the amount to apply the child percentage to.

These steps are for use with a primary custody arrangement. Calculation methods for shared, divided, or hybrid custody situations follow the primary custody steps listed in the Alaska child support guidelines.

Alaska Child Support Guidelines - Review

Alaska's approach to child support differs from that of most other states, but the end goal of getting payments to the child remains the same. The table below recaps important information about Alaska's child support guidelines. Links are included for additional research.

Disclaimer: Alaska state laws change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most up-to-date information available, please consult with a family law attorney to confirm current Alaska law.

Alaska Child Support Guidelines: Related Resources

• Child Support Laws

• Child Support Enforcement

• Child Support Modification

• Alaska Department of Revenue Child Support Services Division (CSSD) Calculator

• CSED Contact Information and Location

Issues With Alaska Child Support Guidelines? An Attorney Can Help

Child support obligations are serious and failure to comply can have consequences. If you're having difficulty making or receiving child support payments in Alaska, talk to a child support attorney. Their legal advice can help.