Child Support Modification

VERIFIED MOTION TO MODIFY CHILD SUPPORT ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[FIRST/SECOND/THIRD/FOURTH] JUDICIAL DISTRICT AT [COURT LOCATION]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. 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

This Court has continuing jurisdiction to modify child support under AS 25.24.170 (modification of a support judgment) and, where the order is registered from another state, subject to AS 25.25 (UIFSA). Venue lies in the [JUDICIAL DISTRICT AND COURT LOCATION].

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 upon a showing of a material change of circumstances under Alaska R. Civ. P. 90.3(h)(1); and

WHEREAS support recalculated under Rule 90.3 is more than fifteen percent (15%) greater or less than the outstanding support order, so that a material change of circumstances is presumed under Rule 90.3(h)(1);

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).

“Material Change of Circumstances” – The standard for judicial modification under Alaska R. Civ. P. 90.3(h)(1). A material change is presumed where support recalculated under Rule 90.3 (including health insurance payments under Rule 90.3(d)(1)) is more than 15% greater or less than the outstanding order. A movant is not confined to the presumption and may prove a material change on other facts, such as a change in the custody schedule that shifts the percentage of overnights across a Rule 90.3(f) threshold.

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

☐ Primary Physical Custody — the children reside with the other parent, under the custody order, for less than 30% of the year (Rule 90.3(f)(2)). Support is calculated under Rule 90.3(a).

☐ Shared Physical Custody — the children reside with each parent, for a period specified in writing in the custody order, for at least 30% but no more than 70% of the year (Rule 90.3(f)(1)). Support is calculated under Rule 90.3(b)(1).

☐ Divided Physical Custody — each parent has primary physical custody of one or more children and the parents share custody of none (Rule 90.3(f)(3)); calculate under Rule 90.3(b)(2).

☐ Hybrid Physical Custody — at least one parent has primary custody of one or more children AND the parents share custody of at least one child (Rule 90.3(f)(4)); calculate under Rule 90.3(b)(3).

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:

Under Rule 90.3(a)(2), the non-custodial parent's adjusted annual income is multiplied by:

• One child — 20% (.20)
• Two children — 27% (.27)
• Three children — 33% (.33)
• Each additional child — an extra 3% (.03)

The annual figure is then divided by 12 for the monthly award.

Limits and adjustments that apply to this calculation:

• Income cap — Rule 90.3(c)(2): paragraph (a) does not apply to the extent a parent's adjusted annual income exceeds $138,000. Above that, the court may make an additional award only if just and proper, considering the children's needs and standard of living and the supporting parent's ability to pay.
• Minimum — Rule 90.3(c)(3): the minimum support that may be ordered is $50 per month ($600 per year), except as provided in Rule 90.3(a)(3) and (b).
• Low-income adjustment — Rule 90.3(a)(5): for a parent with total annual income of $30,000 or less, adjusted annual income is the LESSER of the amount under (a)(1)(A)–(G) or total income minus $7,500.
• Extended visitation — Rule 90.3(a)(3): the court may allow up to a 75% reduction for any period of extended visitation over 27 consecutive days.

3.4 Required Child Support Affidavit

Petitioner files herewith a statement under oath of adjusted annual income and its components, with documentation verifying income and deductions, as required by Alaska R. Civ. P. 90.3(e)(1), together with a confidential information sheet under Civil Rule 90.1(f).

3.5 Effective Date of Modified Support

Petitioner requests that the modified support be effective as of the date this motion was served on the opposing party.

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. [If the prior order is an Alaska order] This Court retains jurisdiction to modify it; [if the prior order is from another state] the order has been registered in Alaska and the requirements of AS 25.25 (UIFSA) for modifying another state's order are satisfied.

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
Petitioner requests an award of reasonable attorney fees and costs as the Court finds just.

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 for the State of Alaska, [JUDICIAL DISTRICT AND COURT LOCATION] (Alaska has no counties; venue is by judicial district and court location under Alaska R. Civ. P. 3).

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
Electronic filing and electronic signatures in this proceeding are governed by the Alaska Rules of Civil Procedure and the Alaska Court System's electronic-filing requirements.

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: _____________

END OF DOCUMENT

SOURCES AND REFERENCES

All authority below was read in full against the official source on 2026-08-01.

• Alaska R. Civ. P. 90.3, Child Support Awards — Alaska Court System, published rule text current as of October 16, 2023: https://courts.alaska.gov/rules/docs/civ90-3.pdf (guidelines (a); shared/divided/hybrid custody (b); exceptions, income cap and minimum (c); health care coverage (d); support affidavit (e); custody definitions (f); modification (h)).
• AS 25.27.190, Modification of administrative finding or decision — Alaska State Legislature: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=25.27.190&secEnd=25.27.195
• AS 25.27.193, Periodic review or adjustment of support orders — same source (three-year cycle, agency process).
• AS 25.27.062, Income withholding order for support — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=25.27.062&secEnd=25.27.062
• AS 25.27.244, Adverse action against delinquent obligor's occupational license — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=25.27.244&secEnd=25.27.246
• AS 09.80.010, Scope (Uniform Electronic Transactions Act) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.80.010&secEnd=09.80.020

Currency note. The Rule 90.3(c)(2) income cap ($138,000), the (c)(3) minimum ($50/month), and the (a)(5) low-income adjustment ($30,000 / $7,500) are figures set by supreme court order and revised periodically. Re-check them against the published rule before filing.