Alaska Child Support Laws: Guidelines and Calculations

How Alaska Calculates Child Support

Alaska is one of the few states that uses the Percentage of Income Model rather than the Income Shares Model used by most other states. Under Civil Rule 90.3, child support is calculated based primarily on the non-custodial parent's adjusted annual income multiplied by a set percentage based on the number of children.

The calculation relies on three main factors:

• The adjusted annual income of the paying parent
• The number of children requiring support
• The percentage of parenting time each parent has physical custody

Alaska courts encourage parents to reach mutual support agreements outside of court. However, verbal agreements are not legally binding. To be enforceable, any agreement must be submitted to the court for approval and entry as an official order.

Child Support Percentages by Number of Children

For primary physical custody arrangements where one parent has the child more than 70% of the time, the non-custodial parent pays the following percentages of adjusted annual income:

Number of Children	Percentage of Adjusted Income
1 child	20%
2 children	27%
3 children	33%
4 children	36%
5 or more children	Add 3% for each additional child

These percentages come directly from Civil Rule 90.3(a) and apply to the non-custodial parent's adjusted annual income after all allowable deductions.

Income Cap and Minimum Payment

Two important limits apply to every child support calculation in Alaska:

Income Cap: The standard calculation applies only to the first $138,000 of adjusted annual income. Income above that threshold is not included in the formula. However, the court may order additional support above the cap if the custodial parent presents evidence that higher support is just and proper based on the children's needs and standard of living (Civil Rule 90.3 Commentary).

Minimum Payment: Regardless of how low a parent's income is, the minimum child support payment is $50 per month ($600 per year). This minimum applies even if the parent is unemployed or incarcerated.

The Four Custody Arrangements in Alaska

Alaska recognizes four distinct custody arrangements, each with its own calculation method.

1. Primary Physical Custody

One parent has the child 70% or more of the time. This is the most straightforward calculation. The court multiplies the non-custodial parent's adjusted annual income by the applicable percentage from the table above.

For example, if the non-custodial parent has an adjusted annual income of $60,000 and there is one child, the annual support obligation would be $60,000 x 20% = $12,000 per year, or $1,000 per month.

2. Shared Physical Custody

Each parent has the child at least 30% of the time. Because both parents incur direct expenses when the child is in their care, the calculation becomes more complex. Both parents' incomes factor into the equation.

Alaska provides a Shared Physical Custody Calculator (Form DR-306) to help parents determine expected payments under this arrangement.

3. Divided Custody

Divided custody applies when there are two or more children and each parent has primary custody of at least one child. Both parents' incomes are considered, and the higher-earning parent typically pays the difference between the two calculated amounts.

Alaska provides a Divided Custody Calculator (Form DR-307) for these situations.

4. Hybrid Custody

A hybrid arrangement combines elements of the other three custody types. For example, a family with three children might have a primary custody arrangement for two children and a shared custody arrangement for the third. These situations are the most complex and often require attorney assistance.

Alaska provides a Hybrid Custody Calculator (Form DR-308) for these cases.

What Counts as Income in Alaska

Under Civil Rule 90.3, "income" for child support purposes includes far more than wages alone. Understanding what counts helps both parents prepare accurate financial disclosures.

Income Sources Included

All of the following are considered income when calculating child support:

• Wages, salaries, and commissions
• Self-employment earnings
• Bonuses and overtime pay
• Social Security Disability Insurance (SSDI)
• Unemployment benefits
• Workers' compensation
• Pension and retirement benefits
• Military allowances (specialty pay, cost of living, housing, rations)
• Dividend and interest income
• Trust income
• Rental income
• Lottery and gambling winnings

Income Sources Not Included

The following are not counted as income:

• Alaska Temporary Assistance Program (ATAP) benefits
• Other need-based public assistance
• One-time lump-sum payments (in most cases)
• Child support received for other children

Allowable Deductions From Income

Adjusted annual income is your total income minus mandatory paycheck deductions. Allowable deductions include:

• Federal income taxes
• Social Security and Medicare taxes
• Mandatory union dues
• Mandatory retirement contributions
• Voluntary retirement contributions (up to a combined total of 7.5% of gross income when added to mandatory contributions, and only if the account is tax-free or tax-deferred)
• Child support paid for prior children from other relationships

Each parent must file a sworn statement of adjusted annual income using Form DR-305 (Child Support Guidelines Affidavit). While a support obligation is active, either parent can request income documentation from the other parent once per year, and the other parent must respond within 30 days.

Health Insurance and Medical Support

Child support in Alaska goes beyond the basic monthly payment. Courts also address medical coverage for children.

The court or CSSD will issue a medical support order requiring health care insurance coverage for the child if insurance is available at a reasonable cost. The cost of health insurance is considered reasonable if it is 5% or less of the adjusted annual income of the parent who may be required to purchase it (AS 25.27.060).

Key medical support rules:

• Health insurance costs are split equally between parents unless the court finds good cause to allocate them differently
• Uncovered medical expenses (co-pays, deductibles, services not covered by insurance) are also split equally unless the court orders otherwise
• A parent must reimburse the other parent for their share of uncovered medical expenses within 30 days of receiving the bill
• If a parent provides health insurance through their employer, CSSD may credit up to 50% of that cost against the monthly child support obligation

When health insurance is required in the support order, CSSD sends a National Medical Support Notice (NMSN) to the employer, directing them to enroll the child in the company health plan (CSSD Medical Enforcement FAQ).

Enforcement: What Happens If You Do Not Pay

Alaska takes child support enforcement seriously. The Child Support Services Division (CSSD) has broad enforcement powers, and there is no statute of limitations on collecting child support arrears.

Administrative Enforcement Actions

CSSD can take the following actions without going to court:

• Income withholding: Support is deducted directly from wages, unemployment benefits, retirement benefits, and workers' compensation
• Tax refund interception: Both state and federal income tax refunds can be seized to cover arrears
• Bank account levy: Funds can be taken directly from bank accounts
• Property liens: Liens can be placed on vehicles, real estate, and other property
• Asset seizure: Property may be seized and sold to satisfy arrears
• Passport denial: The U.S. State Department will deny, suspend, or revoke passports when arrears exceed $2,500
• Credit bureau reporting: Delinquent child support is reported to credit agencies, which can damage credit scores
• License suspension: Driver's licenses, professional licenses, and recreational licenses (including hunting and fishing) may be suspended

Court Enforcement Actions

The custodial parent can also file a "Motion and Affidavit to Enforce Order" (Form SHC-1540) with the court. If the court finds the non-paying parent in contempt, penalties may include:

• Fines up to $5,000 per violation
• Jail time
• Payment of the other parent's attorney fees

Interest on Arrears

Under AS 25.27.025, interest accrues at 6% per year on overdue child support payments. Interest begins accumulating when payments are 10 or more days overdue.

However, interest is not charged when the obligor is employed and income is already being withheld through an income withholding order, or when support is being withheld from unemployment compensation or disability benefits.

How to Modify Child Support in Alaska

Alaska does not allow retroactive modifications. Past-due amounts cannot be changed. However, future payments can be modified when circumstances change.

The 15% Threshold

A modification may be granted when the recalculated monthly support amount differs from the current order by 15% or more. This means you must show that applying current incomes to the formula would produce a result at least 15% higher or lower than what you currently pay (CSSD Modifications FAQ).

Common Grounds for Modification

• Involuntary loss of employment
• Significant increase or decrease in income
• Incarceration
• Disability
• Change in custody arrangements
• Change in the child's needs (such as medical expenses)

The Modification Process

There is an important distinction between administrative orders and court orders:

• CSSD administrative orders can only be modified through CSSD
• Court orders must be modified through the court

For CSSD modifications, the process works as follows:

1. File a request for modification with CSSD
2. CSSD sends both parents a Notice of Petition for Modification packet
3. Both parents have 30 days to submit documentation (two years of tax returns, W-2 forms, pay stubs for the past three months, proof of health insurance)
4. CSSD performs the calculation to determine whether the 15% threshold is met
5. If the threshold is met, CSSD issues a modified order effective the first day of the month after the notice was sent

For court order modifications, you must file a motion with the court explaining the changed circumstances and provide supporting documentation.

If you lose your job or face financial hardship, contact CSSD immediately. Do not simply stop paying. Arrears will continue to accumulate with 6% annual interest.

When Does Child Support End in Alaska

Child support in Alaska typically ends when the child turns 18. However, there are exceptions and early termination scenarios.

Extension to Age 19

Support continues until age 19 if the child is:

• Unmarried, and
• Still enrolled in and attending high school or a previously approved equivalent vocational or technical program

Once the child graduates or turns 19 (whichever comes first), the obligation ends.

Early Termination

Child support may end before the child turns 18 if the child:

• Gets married
• Joins the military
• Becomes legally emancipated
• Dies

Emancipation in Alaska

Under AS 09.55.590, a minor who is at least 16 years old may petition for emancipation. The court will grant the petition if the minor:

• Is an Alaska resident
• Is living separate and apart from parents or guardians
• Is capable of sustained self-support and managing personal finances
• Has the consent of each living parent or guardian (the court may waive this requirement if a parent is unavailable or unreasonably withholds consent)

Once emancipated, the minor gains the legal rights of an adult, including the right to enter contracts, sue or be sued, and control their own earnings. The parent's child support obligation ends at that point.

Establishing Paternity in Alaska

Before child support can be ordered, legal paternity must be established. For married parents, the husband is automatically presumed to be the father and his name goes on the birth certificate.

For unmarried parents, paternity must be established through one of two methods:

Voluntary Acknowledgment

Both parents can sign an Affidavit of Paternity, typically at the hospital after birth or later at the Bureau of Vital Statistics. This establishes legal fatherhood without a court proceeding.

Genetic (DNA) Testing

Either parent or CSSD can request DNA testing. The process involves a simple cheek swab collected from the mother, child, and alleged father. Results are typically available within three weeks (CSSD Paternity FAQ).

A genetic test showing a 95% or higher probability of parentage creates a legal presumption of paternity that can only be rebutted by clear and convincing evidence.

Cost of testing: If CSSD orders the test, the state pays upfront. If the man is confirmed as the father, he must reimburse the state for testing costs. If he is not the father, he owes nothing.

If you are unsure about paternity, request DNA testing before signing any documents or agreeing to support payments. Once paternity is established, it is very difficult to challenge later.

Visitation and Child Support Are Separate Obligations

A common misconception is that a custodial parent can withhold visitation if child support is not being paid. Under Alaska law, visitation and child support are entirely separate legal obligations.

Under AS 25.20.140, a custodial parent who "willfully and without just excuse" refuses to permit court-ordered visitation faces:

• A fine of $200 for each violation
• An order granting the non-custodial parent additional visitation time equal to or greater than the time missed
• If the custodial parent has been found in contempt for visitation denial within the past three years, the additional visitation time must be at least twice the amount missed
• Reimbursement of reasonable expenses the non-custodial parent incurred to locate or return the child, plus $100 in liquidated damages

Non-custodial parents retain their visitation rights even if they cannot pay support. If either obligation is being violated, the proper remedy is to address it through the court.

Confidentiality Protections for Domestic Violence Survivors

If a parent poses a clear danger due to domestic violence or sexual assault, CSSD is required to keep the other parent's employment information, contact details, and other identifying information confidential when enforcing child support. This protection ensures that victims can receive child support without compromising their safety.

Additional Resources

Alaska Child Support Services Division (CSSD)

• Phone: (907) 269-6900
• Employer Hotline: (907) 269-6089
• Website: childsupport.alaska.gov

Official Forms and Calculators:

• Civil Rule 90.3: Child Support Awards (Official PDF)
• How to Calculate Child Support Under Civil Rule 90.3 (DR-310)
• Child Support Guidelines Affidavit (DR-305)
• Shared Physical Custody Calculator (DR-306)
• Divided Custody Calculator (DR-307)
• Hybrid Custody Calculator (DR-308)

More Alaska Laws

• Alaska Car Seat Laws
• Alaska Hit and Run Laws
• Alaska Recording Laws
• Alaska Statute of Limitations
• Alaska Dog Bite Laws