VERIFIED PETITION TO MODIFY CHILD SUPPORT ORDER
State of Alaska – [COUNTY/BOROUGH] Superior Court
[COURT LOCATION] Judicial District
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties
a. Petitioner: [PETITIONER FULL LEGAL NAME], [relationship to child/children] (“Petitioner”).
b. Respondent: [RESPONDENT FULL LEGAL NAME], [relationship to child/children] (“Respondent”).
1.2 Case & Prior Order Information
a. Case No.: [CASE NUMBER].
b. Prior Child Support Order (“Prior Order”) entered on [DATE] by this Court.
1.3 Jurisdiction & Venue
Pursuant to AS 25.24 and Alaska Const. art. IV, § 1, this Court has continuing jurisdiction over child support. Venue is proper in [COUNTY/BOROUGH] because the child(ren) reside(s)/is domiciled here.
1.4 Effective Date
This Petition is effective upon filing; any modification shall relate back as permitted by Alaska Civ. R. 90.3(h)(2).
1.5 Recitals
WHEREAS Petitioner seeks modification of the Prior Order based on a substantial change in circumstances under Alaska Civ. R. 90.3(h)(1); and
WHEREAS more than three (3) years have elapsed OR the difference between the amount payable under the Prior Order and the recalculated amount exceeds fifteen percent (15%);
NOW, THEREFORE, Petitioner respectfully petitions the Court as follows:
2. DEFINITIONS
For purposes of this Petition, capitalized terms shall have the meanings set forth below.
“Adjusted Annual Income” – Income calculated in accordance with Alaska Civ. R. 90.3(a)–(c).
“Child” or “Children” – The minor child(ren) of the parties: [NAME(S) & DATE(S) OF BIRTH].
“CSSD” – Alaska Child Support Services Division.
“Prior Order” – The child support order identified in §1.2(b).
“Substantial Change in Circumstances” – Any change outlined in Alaska Civ. R. 90.3(h)(1), including but not limited to:
• Variation of ≥15% between Prior Order amount and recalculated amount; or
• Passage of ≥3 years since Prior Order; or
• Change in custody/visitation that alters the percentage of overnights.
3. OPERATIVE PROVISIONS
3.1 Request for Recalculation
Petitioner requests the Court recalculate child support pursuant to Alaska Civ. R. 90.3 based on the parties’ current incomes and custody schedule.
a. Petitioner’s current Adjusted Annual Income: $[AMOUNT].
b. Respondent’s current Adjusted Annual Income: $[AMOUNT].
3.2 Percentage of Shared Physical Custody
[ ] Sole Physical Custody (≥ 70% overnights with one parent).
[ ] Shared Physical Custody (between 30%–70% overnights each).
[Check the box that applies.]
3.3 Proposed Child Support Amount
Using the above incomes and custody schedule, child support should be set at $[NEW MONTHLY AMOUNT] per month, calculated as follows:
• One Child – 20% of Adjusted Annual Income ÷ 12
• Two Children – 27% of Adjusted Annual Income ÷ 12
• Three Children – 33% of Adjusted Annual Income ÷ 12
• Additional Children – add 3% per additional child
[// GUIDANCE: Include worksheet DR-305 or DR-306 as an attachment and reference here.]
3.4 Effective Date of Modified Support
Petitioner requests that the modified support be effective retroactive to the first day of the month following service of this Petition, per Alaska Civ. R. 90.3(h)(2).
4. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents under oath:
a. All income figures provided herein are true, correct, and complete to the best of Petitioner’s knowledge.
b. No other court has issued a conflicting child support order.
c. The child(ren) has/have resided in Alaska for at least six (6) months preceding this filing.
4.2 Survival
These representations survive the entry of any modified order to the extent relied upon by the Court.
5. COVENANTS & RESTRICTIONS
5.1 Ongoing Disclosure
Each party shall exchange updated income information (pay stubs, tax returns, and proof of health insurance premiums) annually on or before [DATE].
5.2 Health Insurance Coverage
The parent who can obtain employer-sponsored coverage at a reasonable cost shall maintain such coverage and provide verification to the other parent within 30 days of enrollment.
5.3 Notice of Material Change
A party experiencing a material change affecting child support (job loss, disability, significant income fluctuation) shall provide written notice to the other party and CSSD within ten (10) days.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure to make full and timely support payments constitutes default.
6.2 Graduated Remedies
a. Immediate income withholding order under 42 U.S.C. § 666(b) and AS 25.27.062.
b. Judgment for arrears plus statutory interest.
c. Interception of federal or permanent fund dividends.
d. Suspension of occupational/recreational licenses per AS 25.27.244.
6.3 Attorney Fees & Costs
The defaulting party shall pay reasonable attorney fees and costs incurred in enforcement, consistent with Alaska R. Civ. P. 82.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable in child support proceedings.
7.2 Liability Cap
The obligor’s liability is limited to the percentages stated in Alaska Civ. R. 90.3 and any deviations ordered by the Court.
7.3 Force Majeure
Economic hardship alone is insufficient to suspend child support absent a court-approved modification.
8. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed by Alaska law, including Alaska Civ. R. 90.3 and Title 25, Alaska Statutes.
8.2 Forum Selection
Exclusive jurisdiction lies with the Superior Court of the State of Alaska, [COUNTY/BOROUGH].
8.3 Arbitration & Jury Waiver
Family-law matters are non-arbitrable; jury trial is unavailable on child support issues.
8.4 Injunctive Relief
CSSD and/or this Court may issue wage-garnishment orders and other equitable relief as provided by law.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment to the child support obligation must be in writing and approved by the Court.
9.2 Severability
If any provision herein is held invalid, the remainder shall remain in full force to the extent practicable.
9.3 Integration
This Petition, supporting worksheets, and any future order constitute the entire understanding regarding child support between the parties, superseding all prior oral or written statements.
9.4 Electronic Signatures
Pursuant to AS 09.80.010 et seq., electronic signatures shall be deemed originals.
10. EXECUTION BLOCK
I, [PETITIONER NAME], verify under penalty of perjury that the foregoing statements are true and correct.
Date: [DATE]
Signature: _________
[PETITIONER NAME], Petitioner
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]
[Notary Acknowledgment – State of Alaska]
Subscribed and sworn before me on the ___ day of _, 20.
Notary Public: ___
My commission expires: _______
[// GUIDANCE: Attach completed DR-314 “Child Support Guidelines Affidavit,” current income evidence, and proposed order (DR-300) for judicial signature.]
END OF DOCUMENT