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The Alaska Supreme Court has again approved changes in the state's child support laws, which are also known as Alaska Civil Rule 90.3. This article identifies some of these changes, which are effective as of October 15, 1999.

One change will effect families where the obligor, the parent who pays support, earns over $72,000.00 in adjusted annual income per year. Previously, the court would not normally consider the amount of adjusted annual income a parent receives over $72,000.00 in calculating child support. The new rules provide that the court will cap the adjusted annual income of an obligor parent at $84,000.00. As a result, parents who receive future child support awards will normally be able to include a percentage of up to $84,000.00 of the obligor's adjusted annual income, and child support awards will increase in applicable cases.

Another important change allows parents who do not have primary custody of their children but who visit with the children for over 27 days in a row to have a larger deduction in their child support during these periods. Previously the law allowed the court to reduce a child support amount by up to 50% during these periods. Now a judge is able to give an extended visitation reduction in child support up to 75% of the normal child support amount.

A third important change allows parents who have a voluntary retirement contribution to deduct these amounts in calculating adjusted annual income to determine a child support amount. In the past, those who paid child support could only claim a deduction for retirement contributions that were mandatory. However, this may result in obligors who increase their voluntary contributions to reduce their child support obligation.

A fourth change may affect parents who have what is called "shared" custody. Shared custody for child support purposes occurs if both parents have visitation at least 30% of the time. If a parent earns adjusted annual income of over more than $84,000 cap and has shared custody, the court will now consider the actual adjusted annual income without regard to the cap. Also, in the past the only way for a parent to have shared custody was to prove that visitation occurred at least 110 overnights per year. The new rule will allow the court to use other methods to calculate the percentages of custody if the overnight count does not accurately reflect how much each parent spends on the child during visitation.

Parents who pay or receive child support may desire to learn more about the new child support rules, also known as Supreme Court Order Number 1362. It may be wise to consult with an attorney who can answer your questions regarding child support and explain the new changes in Alaska law. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.

The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding your rights.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child support, custody, divorce, and adoption. He is the author of The Alaska Family Law Handbook, which is available in local bookstores and can be obtained by calling (907) 279-4529. Articles on legal topics of interest to Alaskans can be accessed on the internet at www.alaskanlawyers.com © 1999 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.