How to Modify Child Support in Alaska: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify child support in Alaska, file a Motion to Modify in court for a court order or a Request for Modification with the agency for an administrative order. The change can start only on or after service, so every month before it is lost.

How do you modify child support in Alaska?

1. Find out what kind of order you have. A court order can be modified only by the court. An administrative order issued by the Child Support Enforcement Division can be modified by the agency.
2. Run the new amount in the Alaska child support calculator and check the 15% test in the modification calculator.
3. File the right paper: a Motion to Modify in court, or a Request for Modification with the agency (Alaska Court System).
4. Send the documents. For an agency request, include your federal income tax returns for the past two years, W-2s, pay stubs for the past three months and proof of health insurance coverage (agency FAQ).
5. Keep paying the existing order until it is changed.

From what date does an Alaska child support change take effect?

Child support arrearage may not be modified retroactively. A modification that is effective on or after the date the motion, or the agency’s notice of petition for modification, is served on the other party is not retroactive (Civil Rule 90.3(h)(2)). For an administrative order, the agency says the effective date will be the first day of the month after it sends both parents the notice of petition for modification. Every month before service is lost:

The filing and service date, not the date your income changed, is what counts.

Which one modifies my order: the court or the agency?

The agency does not modify Alaska court orders: if you have a court order, only the court can modify it. If the agency issued the order, it can review a modification request. Either parent, the child’s physical guardian and, in some circumstances, the State may ask for a change.

How long does a modification take?

For an order the agency issued, the agency says it can take up to six months, and much faster if all of the information is received on time and neither parent appeals. If a court issued the order, contact the court.

What if the other parent will not provide income information?

If a parent refuses to provide income information to the agency, it uses the best information available to estimate the parent’s income or potential income and bases the modification on that estimate. In court, the judge can impute income based on the person’s work history as described or on Department of Labor records. Once a year you can ask the other parent in writing for income documents, which must be provided within 30 days (court system FAQ).

Can I ask the agency to review my order without proving a change?

The agency reviews by request, not more than once every three years, and the agency lists a three-year review as a reason for modification. Federal law supports reviews on request every three years in agency cases (42 U.S.C. 666(a)(10)).

What happens to unpaid support while a request is pending?

It stays owed. Each unpaid payment is a judgment that becomes vested when it is due and unpaid, and the interest keeps running (see the Alaska interest rate).

Frequently asked questions

Official sources

• Alaska Civil Rule 90.3: child support awards
• AS 25.24.170: modification of judgment
• AS 25.27.190: modification of administrative finding or decision
• Alaska Court System: child support FAQ
• Alaska Child Support Enforcement Division: modifications FAQ
• 42 U.S.C. 666(a)(9) and (a)(10): judgments by operation of law and review of orders

This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.