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Many parents find that existing child support orders no longer are sufficient to meet the needs of their children or should be modified because the income of the parent who pays the support has changed. In Alaska Child support is determined by a formula contained in Rule 90.3 of the Alaska Rules of Civil Procedure. Civil Rule 90.3 provides that in order to modify an existing child support order, you must show that a material change of circumstances exists. A material change of circumstances normally occurs when the new child support amount using present income figures would result in a child support obligation that is at least 15% more or less than the existing child support amount.

Enactment of a new federal law has required that Alaska change its own laws to allow for what is called a periodic modification of child support. This can occur every three years without the need for showing that a material change of circumstances has occurred, provided that there has been no change in child support during the past three year period. This change should make it easier for those who receive child support, as the court can require the parent who pays support (called the obligor) to submit current salary information in order to modify support.

Child support orders can not normally be modified retroactively. If income changes such that child support should increase or decrease, you should begin the process of seeking a modification as soon as possible. Child support my be modified either by the court or by the Child Support Enforcement Division. A new child support amount, if necessary, is normally set as of the date that the other parent receives a request for modification filed in court or issued by the Child Support Enforcement Division.

It may be wise to consult with an attorney about issues concerning child support modification. Many attorneys will consult with potential clients for a nominal fee to answer questions and define the services they offer. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child support, custody, divorce, and adoption. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.