8. Can I file criminal charges?
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Friday, February 28, 2014
ALASKA Part 109
ALASKA Part 108
7. What can you do if the abuser violates the order?
ALASKA Part 107
6. What happens after court?
The court will give you a copy of the order. Be sure to ask
someone before you leave the court if there is anything you don't understand.
Carry it with you at all times. If the abuser does not obey the order, call the
police. The police have to arrest an abuser who violates any part of the order
that protects you from threats or violence.
Thursday, February 27, 2014
ALASKA Part 106
If the abuser does not appear at the hearing, the judge will
either continue the temporary order in effect until the abuser can be brought
into court, or will enter a final order if there is proof that the abuser was
served with the T.R.O./Notice to Appear. The sheriff or police should have
proof of service.
ALASKA Part 105
5. What happens once a restraining order is in place?
A court date will be set and you will appear before a judge.
You will have the opportunity to explain your situation to the judge. You will
usually appear before a judge without the abuser being present.
ALASKA Part 104
4. How long does the restraining order last?
ALASKA Part 103
The judge may
order the abuser to receive professional domestic violence counseling, or tell
the abuser to get evaluated, or to go to AA or NA. You can agree to go to
counseling if you want to (or to a free program like AA, AlAnon, or a domestic
violence program), but the judge should only make it an order for the abuser.
The judge can
order the police to escort the abuser to remove personal items from the
residence, or shared place of business, so that you are protected by the police
during any necessary contact.
ALASKA Part 102
Except in unusual situations, the court will
grant you custody of your minor children. In some states the court can also
order the abuser to pay child support and support for you. The abuser may also
be granted visitation with the child/children under certain conditions. If the
children are in danger of abuse, you should let the judge know why you think
so.
In some states the
court may also order the abuser to pay for costs that resulted from the abuse,
for example; household bills that are due right away, medical/dental treatment,
moving expenses, loss of earnings. The judge can also make the abuser pay your
attorney's fees, and can make the abuser pay damages to you or other people
that helped you or got hurt by the abuser.
ALASKA Part 101
3. What does a Restraining Order do?
If you are a victim of domestic violence, a judge can sign
an Order of Protection that requires the abuser to obey the law. The order is
very specific in as far as what the abuser can and can’t do.
The abuser can be
ordered not to have any contact with you, in person or by phone, at home, work,
or almost anywhere you ask the court to put in the order. The order against
contact may also protect other people in your family.
The court can
order the abuser to leave the house or apartment that you and the abuser share;
even if it is in the abuser's name.
ALASKA Part 100
Domestic violence means the occurrence of one or more of the
following acts committed against a victim by an adult or an emancipated minor:
Assault
Burglary
Criminal mischief
Criminal restraint
Terrorist threats
Criminal sexual contact
Criminal trespass
False imprisonment
Harassment
Homicide
Kidnapping
Lewdness
Sexual assault
Stalking
ALASKA Part 99
2. Who can get a restraining order?
A victim of domestic violence can obtain a Restraining
Order. A victim of domestic abuse means a person protected by the law and shall
include any person who has been subjected to domestic abuse by a spouse, or any
other person who is a present or former household member and where the victim
is 18 years of age or older or who is an emancipated minor.
ALASKA Part 98
5. What
do we need to do to get TRO?
1. What is a restraining order?
ALASKA Part 97
Child support:
ALASKA Part 96
Distribution of
property:
Alaska is an
equitable distribution state, which means that the court will divide the
marital property between the parties as it deems equitable and just, without
regard to fault. Factors the court will consider in dividing the property
include:
The length of
the marriage.
The age and
health of the parties.
The earning
capacity of the parties.
The financial
condition of the parties.
The conduct of
the parties, including whether there has been an unreasonable depletion of
marital assets.
The
desirability of awarding the family home, or the right to live in it for a
reasonable period of time to the party with custody of the child, if any.
The circumstances
and necessities of each party.
The time and
manner of acquisition of the property in question.
The
income producing capacity of the property and the value of the property at the
time of division. [Based on Alaska Statutes 25.24.160]
ALASKA Part 95
Child custody:
The court shall determine custody based upon the best
interests of the child. In determining the best interests of the child, the
court shall consider the following:
The physical,
emotional, mental, religious and social needs of the child.
The capability and
desire of each parent to meet these needs.
The child's
preferences if the child is of sufficient age and capacity to form a
preference.
The love and
affection existing between the child and each parent.
The length of time
the child has lived in a stable, satisfactory environment and the desirability
of maintaining continuity.
The desire and
ability of each parent to allow an open and loving frequent relationship
between the child and the other parent.
Any evidence of
domestic violence, child abuse or neglect.
Evidence of
substance abuse.
Any other factors
the court deems relevant. [Based on Alaska Statutes 25.24.150]
ALASKA Part 94
Alimony/support:
Alimony may be awarded to either party without regard to
fault in either lump sum or installment payments in Alaska. Factors the court
may consider in determining alimony include:
The length of the
marriage and the station in life of the parties during the marriage.
The age and health
of the parties.
The earning
capacity of the parties.
The financial
condition of the parties.
The conduct of the
parties, including whether there has been an unreasonable depletion of marital
assets.
The division of
property.
Any other
relevant factors. [Based on Alaska Statutes 25.24.160]
ALASKA Part 93
Mediation:
Under most circumstances, a party to a divorce action may
file a motion requesting mediation for the purpose of achieving a mutually
agreeable settlement. The court on its own motion may order the parties to
participate in mediation if it determines that mediation may result in a more
satisfactory settlement between the parties. [Based on Alaska Statutes
25.24.060]
ALASKA Part 92
Name of court and title of action/parties:
ALASKA Part 91
Legal separation:
Alaska recognizes legal separation. A decree of legal
separation does not restore the parties to the status of unmarried persons. A
decree of legal separation modifies the parties' rights and responsibilities as
married persons only to the extent specified in the decree of separation. A
husband or a wife may separately or jointly file a complaint in the superior
court for a legal separation. A legal separation may be granted no more than
once to the same married couple. Unless otherwise provided in the decree,
provisions for child custody and visitation, child support, and spousal support
included in a decree of legal separation are final orders subject to
modification only as provided in [AS 25.20.110 and AS 25.24.170]. If the decree
of legal separation includes provisions for division of property and debts of
the marriage, the decree must state whether the division is an interim or final
order. To the extent the division is not a final order, the court shall determine
the parties' respective rights to and responsibilities for property and
obligations not finally distributed and as to any property or debts accrued by
either party while the order is in effect. [Based on Alaska Statutes 25.24.460,
25.24.400, and 25.24.450]
ALASKA Part 90
Either parties may separately file for dissolution of
marriage if:
Incompatibility of
temperament has cause the irremediable breakdown of the marriage.
The petitioning
spouse is unable to determine the other spouse's position regarding dissolution
of the marriage, division of property, alimony, payment of debts, custody,
child support, etc.
The other spouse
cannot be served with process inside or outside the state.
ALASKA Part 89
Dissolution of marriage:
Alaska permits "no-fault" divorces, or dissolution
of marriage, to awarded on the grounds of "incompatibility of
temperament" which has caused the irremediable breakdown of the marriage.
The petition must include detailed provisions regarding custody and child
support, visitation, alimony and division of property. The spouses may jointly
file for dissolution of marriage if:
Incompatibility of
temperament has caused the irremediable breakdown of the marriage.
If there are
unmarried children of the marriage under the age of nineteen (19) or the wife
is pregnant, all issues regarding custody, support and visitation have been
settled.
The spouses have
agreed to the distribution of all real and personal marital property and,
The parties
have reached an agreement regarding the payment of all unpaid obligations
incurred by either or both of them, and for the payment of obligations incurred
jointly in the future.
ALASKA Part 88
Grounds for divorce:
A decree of divorce based upon the fault of one of the
parties may be granted in Alaska for any of the following grounds:
Failure to
consummate the marriage.
Adultery.
Conviction of a
felony.
Willful desertion
for a period of one year.
Cruel and inhuman
treatment.
Personal
indignities rendering life burdensome.
Incompatibility of
temperament.
Habitual
drunkenness or addiction to drugs.
Incurable
mental illness. [Based on Alaska Statutes 25.24.050]
ALASKA Part 87
4. What
do we need to do to get alimony?
Alaska Divorce Laws
Residency requirement:
Alaska requires that the spouse filing for divorce be a
resident of the state. If the marriage was not solemnized in the state, the
residence of the other spouse in this state inures to the plaintiff's benefit
and the action may be instituted if the other spouse is at the time of its
commencement qualified as to residence to institute a similar action. There is
no residency time limit for filing divorce actions. [Based on Alaska Statutes
25.24.080 and AS 25.24.090]
ALASKA Part 86
Where do I find out more information about different stages
of a case or specific topics?
This website has forms and information for all of the stages
of the case. You can also find information about specific topics such as
divorce, parenting and custody, paternity, property and debt division and
dividing retirement benefits.
ALASKA Part 85
What can I do if the obligor lives in a foreign country?
The U.S. Department of State's Office of Children's Issues
has a web page addressing international child support enforcement.
Other resources
You can read the
laws, rules and regulations online, at your local law library, or at your local
legislative information office.
Child Support
Services Division FAQs
Local classes
A private attorney
Word of mouth
or Lawyer Referral Line
The Family Law
HelpLine
ALASKA Part 84
Look at your case number to determine which office is
handling your case:
Case numbers that begin with 1, 2 or 3:
Example: 1AN-08-8888, 2BA-08-8888
3AN-08-8888
Attorney
General's Office
Collections and Support Division
1031 West Fourth Ave., Ste. 200
Anchorage, AK 99501
Case numbers that begin with 4:
Example: 4FA-08-8888 Attorney
General’s Office
Collections and Support Section
100 Cushman St., Ste. 400
Fairbanks, AK 99701
ALASKA Part 83
Do I have to send copies of modification papers filed in
court to CSSD?
Yes, if CSSD is
collecting in your case.
Include the
Attorney General on the certificate of service
Make an extra
set of copies
CSSD's
lawyer is the Attorney General, so you need to send a copy of the papers to:
ALASKA Part 82
What do I file to modify?
Through court:
file a Motion
to Modify
Through CSSD:
file a
Request for Modification Adobe Acrobat PDF logo
ALASKA Part 81
How can I find out if the opposing party applied for their
PFD?
The court often orders the person who owes child support to
apply for their own PFD. You can ask the PFD Office if someone has applied by
calling:
Anchorage:
Fairbanks:
Juneau:
Toll-free: (907)
269-0370
(907) 451-2821
(907) 465-2326
(800) 733-8813
ALASKA Part 80
How do I find out how much money the other parent makes?
Once a year you
can ask the other parent in writing to provide documents such as tax returns
and pay stubs showing their income for the prior calendar year.
Within 30 days of
the written request, the other parent must provide the documents to you.
You must also
provide the other parent with documentation of your annual income for the same
period that you are asking for their income information.
Do NOT file the
written request in court. It is just between the parties.
You can only
request the other parent's income information once a year. However, within a
court case you can request this information through the discovery process.
ALASKA Part 79
Where you file depends on who issued the child support order
you want to modify.
The court can
modify a child support order that the court issued previously.
CSSD can modify a
child support order that:
CSSD issued
previously.
the court
issued if the change in circumstance is based on a 15% change in the child
support amount. But CSSD cannot modify
court ordered child support based on a change in the parenting plan. If there is a change in the parenting plan,
file your motion to modify in court.
ALASKA Part 78
What about modifying?
There must be a change in circumstance:
a 15% change in
the amount of child support ordered (this means that when you calculate support
based on the non-custodial parents current income now, it is 15% more or less
than the current support order), or
change in
parenting plan that affects which calculation is used to figure out the child support (for example, the parenting
plan changes so a primary custody calculation applies now instead of a shared
custody calculation).
ALASKA Part 77
What is the difference between child support orders issued
by the court and child support orders issued by CSSD?
Both the court and the Child Support Service Division (CSSD)
have the authority to issue child support orders. However, the child support orders come about
in different ways. The court must issue
a child support order when it decides the custody and visitation arrangement
for a child in a case involving divorce, dissolution, or custody between
unmarried parents. The CSSD issues an
order when one parent requests child support because the parents have split up
and the parent taking care of the child(ren) wants the other parent to pay
support for the child. Sometimes a
parent will have a CSSD support order and then file a custody case in court
later. If the court issues a child
support order that is different from the CSSD order, the court’s child support
order takes priority and replaces the CSSD order.
ALASKA Part 76
So what about CSSD?
Main job is to
Collect
Enforce
They can also
Establish
Review (by
request, not more than once every 3 years)
CSSD is not automatically involved in your case unless the
parent who receives child support is getting a public benefit. Usually, one
party must apply for services.
Application for
Services of Child Support Services Division, DR-315 [Fill-In PDF]
ALASKA Part 75
Can the court ask CSSD to do the calculations?
Yes, but it will
probably delay your case and the obligor is likely to go into arrearages.
If you have filed
all the necessary paperwork with the court, and done the calculations, then the
court will usually issue its own order.
ALASKA Part 74
What happens if one side doesn't give the court the
information?
It depends.
The court could
impute the income to $120,000 (the cap under the Rule).
The court could impute
based on the person's work history as described by the other side or Department
of Labor records.
Other as the
court decides.
ALASKA Part 73
What happens after the information is filed?
If the court does
not receive any objection or opposition to what is filed, it will make a
decision and issue a child support order. Adobe Acrobat PDF logo
If you disagree
with something about the information submitted by the other side, you must
object in writing as soon as possible (2-5 days) so that the court will know
you have concerns.
See information on
motion practice to learn more about how to get your message to the judge.
ALASKA Part 72
How do I file papers in court?
Attach your child
support paperwork (completed Child Support Guidelines Affidavit, Form DR-305
PDF | Fill-In PDF 651 KB, paystubs for the last two pay periods, tax returns
and W-2s for last two years) to another document because you need to tell the
court why you are filing these papers.
Depending on what stage of the case you are in, you may file with:
Complaint Answer Motion
Dissolution Notice
of Filing Adobe Acrobat PDF logo
Fill out the
Certificate of Service
Make two copies of
everything
One set for
you and one set for the other side
File the original
set in court.
Send one set of
copies to the other side
Keep your set of
copies in an organized folder with your other court papers and things for your
case
ALASKA Part 71
What paperwork do I need to file?
Completed Child Support
Affidavit
Form DR-305
PDF | Fill-In PDF 651 KB
Pay stubs for the
last two weeks
W-2s for the last
two years
Tax returns for
the last two years
Your affidavit
Adobe Acrobat PDF logo explaining
any unusual
circumstances, and
what you
want the court to do about these circumstances
ALASKA Part 70
If the cost of covering the parent alone is the same as the
cost of covering the parent and child(ren), then there is no additional cost to
the parent for adding the child(ren); no portion of the cost of coverage may be
allocated to the children. If dependent coverage can be added for a single
cost, rather than per child, and the child(ren)’s coverage covers other
child(ren) in addition to the child(ren) subject to the order, the cost to
cover the child(ren) will be divided equally among all of the children covered
by the insurance.
ALASKA Part 69
An obligor's child support obligation will be decreased by
the amount of the obligee's portion of health insurance payments ordered by the
court and actually paid by the obligor. A child support award will be increased
by the obligor's portion of health insurance if the obligee is ordered to, and
actually does obtain and pay for insurance. So you need to figure out how much
it costs to insure just the child(ren) included in the child support order.
ALASKA Part 68
How do I figure out how much the child(ren)’s health
insurance costs?
The child support order will include information about the
child(ren)’s health insurance coverage and the cost to cover just the
child(ren). If the children are able to receive free medical services through
the Indian Health Service or the military, the order will note it. If health
insurance is available to one or both parents for free or at a reasonable cost,
the child support order will state which parent must get health insurance. In
general, the court considers the cost of health insurance to be reasonable if
it is 5% or less than the adjusted annual income of the parent who may be
required to purchase the insurance. Usually the order will split the cost of
health insurance between the parents, although the court may order unequal
payments if there is a good reason.
ALASKA Part 67
What if my income varies a lot from year-to-year?
Under certain
circumstances, Rule 90.3 allows for income averaging.
Prepare an Income
Affidavit, SHC-1210 (Word | PDF) for each year, as well as a proposed averaged
DR-305 (PDF | Fill-In PDF 651 KB) with the completed calculation.
An attorney
can help you determine whether this is appropriate in your situation and how best
to make your argument.
ALASKA Part 66
What if I am self-employed?
Income includes
the gross receipts minus the ordinary and necessary expenses required to
produce the income.
However
depreciation rules for child support are different than for taxes.
See the Commentary
to Civil Rule 90.3 and an attorney for more information.
ALASKA Part 65
If I quit or take a lower paid job will I pay less child
support?
Probably not.
The court may
order child support according to your potential income, based on your work and
earnings history.
This is called
imputing.
The court is
likely to impute if you are voluntarily and unreasonably unemployed or
underemployed.
If you want the
court to impute the other parent, you can file a Motion to Impute. See
information on motion practice to learn how to file motions.
ALASKA Part 64
If shared custody, figure out the deduction by
reviewing the Prior Child Deduction chart Adobe Acrobat PDF logo which provides
the calculation. Take that amount and
write it into the Child Support Guidelines Affidavit, DR-305 form (PDF |
Fill-In PDF 651 KB) as a deduction in the appropriate spot “In-kind support for
prior children of a different relationship calculated under 90.3(a)(1)(D).”
ALASKA Part 63
If primary custody, figure out how much child support you
would pay for this child(ren) if you were paying support. You can use the CSSD calculator by inputting
your annual gross income. It will
provide a child support amount. Take
that amount and write it into the Child Support Guidelines Affidavit, DR-305
form (PDF | Fill-In PDF 651 KB) as a deduction in the appropriate spot
"In-kind support for prior children of a different relationship calculated
under 90.3(a)(1)(D)."
ALASKA Part 62
How do I figure out the deduction for older children who
live with me all or part of the time?
ALASKA Part 61
So for this example when filling out the Child Support
Guidelines Affidavit DR-305 form (PDF | Fill-In PDF 651 KB) Deductions in
section B, next to:
“Mandatory
retirement contributions” you would write $2,400.
“Voluntary
retirement contributions if plan earnings are tax-free or tax-deferred, up to
7.5% of gross wages and self-employment income when combined with mandatory
contributions,” you would write $600.
ALASKA Part 60
For example:
You earn $40,000 gross wages/year.
6% of your wages goes into a mandatory retirement account
($40,000 x .06 = $2,400).
3% of your wages goes into a voluntary retirement account
(deferred compensation, 401(k), TSP). ($40,000 x. .03 = $1,200).
ALASKA Part 59
How do I figure out the deduction for retirement
contributions?
When figuring out your annual adjusted income (gross income
– deductions), you may deduct for:
mandatory
contributions to a retirement or pension plan, and
voluntary
contributions to a retirement or pension plan or account in which the earnings
are tax-free or tax-deferred.
But you
can only deduct voluntary contributions if the combined amount of mandatory +
voluntary contributions is 7.5% or less of gross wages
ALASKA Part 58
What can I subtract for deductions?
Federal taxes
actually OWED (not withheld)
State or local
income taxes if you live outside of Alaska
State unemployment
insurance (SUI)
Social Security
& Medicare - often paychecks show these together as “FICA”
Mandatory
retirement contributions
Voluntary
retirement contributions that can be no more than 7.5% of gross wages when
combined with mandatory retirement contributions (mandatory contribution +
voluntary contribution must be 7.5% or less than gross wages)
Union dues
Childcare for this
child(ren) so you can work
Child support
ordered for prior children of a different relationship and currently paid
Cost of supporting
older child(ren) living with you, including child(ren) that live with you in a
shared custody arrangement
Rule 90.3 and the commentary lists other allowable
deductions. Deductions allowed by Civil Rule 90.3 are not the same as those
allowed for federal taxes.
ALASKA Part 57
What counts as income?
Generally, ANY AND
ALL income or payments, including
wages,
disability, SSDI or unemployment
employer
in-kind benefits such as meals, housing or transportation
non-taxable benefits such as military
allowances for quarters, rations, COLA and specialty pay
But not
income from
need based public benefit programs like ATAP, TANF or SSI
one-time, lump
sum payments
See the detailed
list in the Civil Rule 90.3 Commentary
ALASKA Part 56
So what's the hard part?
You must claim
income and deductions according to the rule
income for tax
purposes DOES NOT EQUAL income for child support purposes
deductions for
tax purposes DO NOT EQUAL deductions for child support purposes
Pulling
together the required paperwork (W-2s, tax returns, pay stubs) to submit to the
court.
ALASKA Part 55
How do I calculate child support for a hybrid custody
arrangement?
ALASKA Part 54
How do I calculate child support for a shared custody
arrangement?
To figure out the child support for a shared custody
arrangement, use the Shared Custody Child Support Calculation worksheet, DR-306
PDF | Fill-In PDF
How do I calculate child support for a divided custody
arrangement?
ALASKA Part 53
How do I calculate child support for a primary custody
arrangement?
To figure out the child support for a primary custody
arrangement, do the following calculation:
Gross income -
Deductions = Adjusted Income (AI)
AI x Percentage
(see below) = Child Support
1 kid: 20% 3
kids: 33%
2 kids: 27% More
kids: 3% for each
If the calculation results in a support amount below $50.00,
the support amount will be $50.00 a month.
The minimum calculation for a primary custody arrangement is $50.00.
If your AI is over $120,000, you may be eligible to use the
high income cap. Rule 90.3 says that the portion of an adjusted annual income
over $120,000 will not be used in calculating the child support amount, unless
the other parent presents evidence showing the higher income should be used in
the calculation. If the cap is used, the
AI will be $120,000 for the calculation.
ALASKA Part 52
How do I fill out the Child Support Guidelines Affidavit,
DR-305 form?
Parents in cases involving child custody (divorce and
custody cases) must fill out the Child Support Guidelines Affidavit DR-305 form
(PDF | Fill-In PDF 651 KB). Fill out the column for yourself if you are the
Father or the Mother. You may also fill out the column for the other parent if
you know the information.
Please view How to Fill out the Child Support Guidelines
Affidavit Adobe Acrobat PDF logo 603 KB.
ALASKA Part 51
What does Civil Rule 90.3 say?
Civil Rule 90.3 discusses the different calculations to
figure out the child support amount. The
specific calculation depends on your parenting plan. Civil Rule 90.3 discusses how to calculate
for primary custody, shared custody, divided custody, and hybrid custody.
ALASKA Part 50
How is child support calculated?
According to Civil Rule 90.3
Variation from the
rule is allowed only in very rare circumstances.
Just because you
might agree to vary does not mean the court will approve or accept your
agreement.
Where you can find Civil Rule 90.3:
Court booklet, How
to Calculate Child Support Under Civil Rule 90.3, DR-310 Adobe Acrobat PDF logo
The Alaska Court
System website
In the Alaska
Rules of Court book
ALASKA Part 49
When do I owe child support?
It will depend on
your parenting plan.
For child support
purposes, the parenting schedule will be described with one of the following
words so that both you and the court know which formula to apply:
Primary Divided
Shared Hybrid
The custodial
parent may request child support from the date the parents separated (even if
that was long ago).
The order
will tell you when you started owing child support, and when payments are due.
ALASKA Part 48
3. What
do we need to do to get child support?
What is child support?
The parents
financial obligation to support their child(ren)
Federal and state
laws require that child support be ordered whenever the court makes a custody
order
- Child support is not optional
- Child support cannot be waived
- Children are entitled to support
ALASKA Part 47
After I file, what other information can help me to do the
rest of the case?
ALASKA Part 46
Where can I learn more about child support?
Please read the information in the Child Support section.
ALASKA Part 45
Where can I learn more about custody and parenting plans?
Please read the information in the Parenting and Custody
section.
ALASKA Part 44
If a custody case already exists, you may file a motion to
join the case and then a motion asking for whatever it is that you want. Please
read our grandparents rights information to understand the process and forms to
ask for visitation. There are different legal standards that apply to
non-parents generally, as well as to grandparents. Understanding how the law
works in these areas can be complicated; you are strongly urged to seek the
advice of an attorney before taking legal action.
ALASKA Part 43
What if I am not the parent, i.e. a grandparent or other
relative?
If a court case between the parents does not already exist,
you can contact the Family Law Self-Help Center to discuss the paperwork to
start a custody case, or call an attorney. There is a preference for parents to
have custody of their own child so it is a difficult for non-parents to gain
custody. When a non-parent files for custody, he or she must show that the
parents are unfit and it is in the child’s best interests to be in the
non-parent’s custody.
ALASKA Part 42
Am I required to go to any parenting classes or to see a
video?
It depends. Many courts require that you view the Listen to
the Children video, and some courts also require a special class or workshop.
Please check with your local court to confirm what is currently required.
ALASKA Part 41
After I have properly served the defendant, what do I do?
You wait. When you receive the proof of service, put it in a
safe place. The defendant has 20 days from the date of being served to respond
to the complaint. If nothing is filed, you may ask for a default. If the
defendant answers, your case will move forward as a contested case and be set
for trial.
ALASKA Part 40
Make 2 copies of all papers before you mail the originals to
the court. Keep 1 copy for your records. You will need 1 copy to serve the
defendant later after you get the summons and domestic relations procedural
order.
Serve the opposing party with:
a copy of all
papers you filed. Write the same case number on your complaint that is shown on
the summons.
the summons, and
the domestic
relations procedural order.
There are special requirements to serve a complaint and
summons.
View video: Mailing Documents Play Mailing Documents Video
ALASKA Part 39
Can I file by mail?
Yes, you can mail your papers to the court for filing using
1st class US mail. You need to include 3 things:
all of the
required forms that you have filled out, signed and had notarized where
indicated.
the filing fee,
unless you are asking for a fee waiver.
a self-addressed
stamped envelope so the court can mail you the summons and the domestic
relations procedural order after your case is opened.
ALASKA Part 38
After I have filled out all of the forms, what do I do?
You are now ready to file in court and get the defendant
served:
Make two copies of
everything (one for you and one for the defendant);
File the original documents
at your local court;
Pay the required
fee or submit the Request for Exemption from Payment of Fees, TF-920; Adobe
Acrobat PDF logo
Get two copies of
the summons and standing order back from the clerk (one copy is for you and one
for the defendant);
Put together the
defendant's packet, which is a copy of everything you filed plus the summons
and standing order. Serve the defendant either by certified mail/return
receipt/restricted delivery OR process server. Please read the information about
serving the opposing party. If you have an unusual situation, please see more
on this page for more information about serving people. You may also find How
to Serve a Summons in a Civil Lawsuit, CIV-106 Adobe Acrobat PDF logo helpful.
Keep your copies
in a folder.
ALASKA Part 37
Are there classes that can help me fill out the forms?
Yes, there are classes in many communities. However, the
forms are fairly straightforward, so do not be afraid to try it on your own. If
you get stuck, you can always call the Family Law Helpline or consult with an
attorney.
ALASKA Part 36
Does the person filing the complaint have an advantage over
the person filing the answer?
No, there is no advantage to being the person who starts the
case. Both parties have the opportunity to file papers which state their
viewpoint in the case. The judge will consider what each party says and apply
the appropriate legal factors to decide the issues.
ALASKA Part 34
What if we agree on all issues before filing?
ALASKA Part 33
What forms do I need to file for custody?
To start a case in court, you must file a document called
either a complaint or a petition, and required attachments. The kind of
complaint or petition you file will depend on your situation.
The first question is whether or not you and the other
parent agree about all issues in the case (legal custody, physical custody and
child support). Please click on the appropriate link below for the forms:
We agree on all
issues.
We do not
agree on all issues.
ALASKA Part 32
What if the children haven’t been in Alaska for 6 months?
If you file the custody case and the court finds that it
does not have jurisdiction to hear the case because the children haven’t been
in Alaska for six months, the case may be dismissed.
ALASKA Part 31
Do the children need to be in Alaska to file for custody?
In order for the Alaska court to have jurisdiction or
authority to decide about child custody, a child normally must have been a resident
of the state for at least 6 months before filing the custody case. Otherwise,
the court may not have jurisdiction to decide custody issues. Sometimes there
can be exceptions to the six month residency requirement for children like if
the child is less than six months old or there is an emergency reason for the
Alaska court to decide custody.
ALASKA Part 30
Can a custody case deal with property?
A custody case only deals with legal custody, physical
custody and child support. It will not deal with property and debt issues from
the relationship of the unmarried couple, such as who gets the house or how to
divide bank accounts. And unmarried couples can’t file for a divorce or
dissolution because you must be married to start those cases.
Unmarried couples need to file a separate civil case to deal
with dividing their property and debt. There are no court forms for filing a
complaint to divide property of unmarried couples who split up. There are
different legal theories that may apply depending on the specific situation in
the relationship. You should talk to an attorney about how to draft up the
papers to start the case, to understand your legal rights and obligations, and
to consider what legal arguments to make in your case.
ALASKA Part 29
2. What
do we need to do to get custody?
What is a custody case?
A custody case is filed by unmarried parents to figure out a
parenting plan that includes legal custody, physical custody and child support.
A custody order is based on what arrangement is in the children’s best
interests.
You can read about how to make a parenting plan.
ALASKA Part 28
After I file, what other information can help me to do the
rest of the case?
This website has forms and information for all of the stages
of the case. You can also find information about specific topics such as child
support, parenting and custody, paternity, property and debt division and
dividing retirement benefits.
ALASKA Part 27
What if I or my spouse wants to file bankruptcy and divorce?
Filing for bankruptcy and divorce are serious actions. There
are important considerations about when you file each of these cases because it
can affect the marital property and debts. Also once you file for bankruptcy,
usually all other court cases are stayed (stopped) until the bankruptcy case
gets sorted out. This doesn't mean that you can't get a divorce or figure out
child custody during a bankruptcy case. But it will take some extra work to
sort out the bankruptcy issues (property and debt) from your divorce case. You
should talk with a bankruptcy attorney to figure out whether and when to file
the different cases.
ALASKA Part 26
Once you have done your diligent inquiry, you have two
options:
Dissolution Packet
#3, DR-3
Note: this
procedure will not let you address custody of the children or the dividing of
property and debts.
Divorce Complaint
Packet:
Divorce
Complaint With Children Packet, SHC-PAC1A and Alternate Service Packet,
SHC-PAC2
Note: This
procedure will allow you to address custody of the children and the dividing of
property and debts.
Divorce
Complaint Without Children Packet,SHC-PAC1B and Alternate Service Packet,
SHC-PAC2
Note: This
procedure will allow you to address the dividing of property and debts.
ALASKA Part 25
What if I cannot find my spouse?
If you are married and cannot find your spouse, you can
still get divorced BUT ONLY AFTER you have made what is called "diligent
inquiry," which means looking really hard for your spouse. After you have
completed your diligent inquiry you must submit an affidavit explaining how and
where you looked, and ask for permission to serve that missing spouse by
publishing notice in a newspaper or posting in certain places.
Your missing spouse may be easier to locate than you think,
and you may very well find them after you do your diligent inquiry. Please see
our Tips on Locating People for some ideas of how to search for someone. Please
note that you will need to try most of these things before the court will allow
you to get divorced.
ALASKA Part 24
Am I required to go to any parenting classes or to see a
video if we have any children?
It depends. Many courts require that you view the Listen to
the Children video, and some courts also require a special class or workshop.
Please check with your local court to confirm what is currently required.
ALASKA Part 23
After I have properly served the defendant with the divorce
complaint, what do I do?
You wait. When you receive the proof of service, put it in a
safe place. The defendant has 20 days from the date of being served to respond
to the complaint. If nothing is filed, you may ask for a default. If the
defendant answers, your case will move forward as a contested case and be set
for trial.
ALASKA Part 22
Serve the opposing party with:
a copy of all
papers you filed. Write the same case number on your complaint that is shown on
the summons.
the summons, and
the domestic
relations procedural order.
There are special requirements to serve a complaint and
summons.
View video: Mailing Documents Play Mailing Documents Video
ALASKA Part 21
Can I file by mail?
Yes, you can mail your papers to the court for filing using
1st class US mail. You need to include 3 things:
all of the
required forms that you have filled out, signed and had notarized where
indicated.
the filing fee,
unless you are asking for a fee waiver.
a self-addressed
stamped envelope so the court can mail you the summons and the domestic
relations procedural order after your case is opened.
Make 2 copies of all papers before you mail the originals to
the court. Keep 1 copy for your records. You will need 1 copy to serve the
defendant later after you get the summons and domestic relations procedural
order.
ALASKA Part 20
After I have filled out all of the divorce forms, what do I
do?
You are now ready to file in court and get the defendant
served:
Make two copies of
everything (one for you and one for the defendant);
File the original
documents at your local court;
Pay the required
fee or submit the Request for Exemption from Payment of Fees, TF-920; Adobe
Acrobat PDF logo
Get two copies of
the summons and standing order back from the clerk (one copy is for you and one
for the defendant);
Put together the
defendant's packet, which is a copy of everything you filed plus the summons
and standing order. Serve the defendant either by certified mail/return receipt/restricted
delivery OR process server. Please read the information about serving the
opposing party. If you have an unusual situation, please see more on this page
for more information about serving people. You may also find How to Serve a
Summons in a Civil Lawsuit, CIV-106 Adobe Acrobat PDF logo helpful.
Keep your copies
in a folder.
ALASKA Part 19
Are there classes that can help me fill out the forms?
Yes, there are classes in many communities. However, the
forms are fairly straightforward, so do not be afraid to try it on your own. If
you get stuck, you can always call the Family Law Helpline or consult with an
attorney.
ALASKA Part 18
Does the person filing the divorce complaint have an
advantage over the person filing the answer?
No, there is no advantage to being the person who starts the
case. Both parties have the opportunity to file papers which state their
viewpoint in the case. The judge will consider what each party says and apply
the appropriate legal factors to decide the issues.
ALASKA Part 17
What if I can't make the dissolution hearing?
If you cannot attend the dissolution hearing in person, you
have some options.
Ask to participate by telephone
If you and your spouse agree to the telephonic appearance,
you can both file the Joint Motion form together that asks the court to allow
one or both of you to be on the phone:
Joint Motion,
Affidavit & Order to Appear and Testify by Telephone, SHC-1342 Word | PDF
If you and your spouse do not agree to the telephonic
appearance, you can file the following motion that asks the court to allow you
to be on the phone:
Motion, Affidavit
& Order to Appear & Testify By Telephone, SHC-1340 Word | PDF
You need to provide your spouse with a copy of this Motion
and fill out the certificate of service at the bottom. For more information about serving the
opposing party, see http://www.courts.alaska.gov/serve.htm.
Ask to waive your appearance
If you cannot be there in person or on the telephone, you
can file a form that asks the court to have the hearing without you.
Appearance and
Waiver of Notice of Hearing, DR-110
[Fill-in-PDF]
The court may need to call you so the form asks for a phone
number to reach you, but this doesn't mean that the court will call you.
ALASKA Part 16
Is there a waiting period before a divorce or dissolution is
finalized in Alaska?
Generally, you must wait at least 30 days after filing for
divorce or dissolution before the judge will sign the final divorce decree.
ALASKA Part 15
What if I don't meet the residency requirement?
If the court finds that it does not have jurisdiction to
hear the case because you don't meet the residency requirement, the case may be
dismissed.
Jurisdiction is a very complicated subject and you should
talk to an attorney to figure out where is the best place to file your case. If
you don't meet the residency requirements to file in Alaska, here are some
options:
Do not move
forward with filing your case in Alaska.
Establish
residency in Alaska for the period of time discussed above depending on your
case type.
Have your spouse
file the case if he or she meets the necessary residency requirements for
Alaska.
Choose another
state where you or your spouse meets the residency requirements. State
residency laws may be different so check the state in which you were married
and the states where you each may live as options for where to file.
ALASKA Part 14
What is the residency requirement if I'm a military member
or spouse?
If you are serving in the military and are continuously
stationed at a military base in Alaska for at least 30 days, you are an Alaskan
resident for the purposes of filing a divorce case. But think carefully about
where you want to file because there are 3 options for a military member or
spouse:
The state where
the military member is stationed;
The state where
the spouse resides; or
The state where
the military member claims legal residency (place where military member plans
to live after discharge or retirement).
Although either spouse may file for divorce in any of the
three locations listed above, the laws about divorce and property distribution
may be different in each state. You should consult with an attorney to decide
where is the best place to file your case.
ALASKA Part 13
Is there a residency requirement to file?
ALASKA Part 12
Can my spouse stop me from getting a divorce?
No. If you file for divorce and include all the required,
properly completed paperwork, your spouse cannot stop you from getting a
divorce, even if he or she does not want one.
ALASKA Part 10
What if we filed for dissolution but want to change to a
divorce?
If you initially filed for a dissolution but want to change
it to a divorce case because you no longer agree on everything, you can file:
Motion &
Affidavit to Convert Dissolution to Divorce, SHC-1330 Word | PDF
Order Granting
Motion, SHC-1335 Word | PDF ((fill out everything but leave the judge’s
signature, date and certificate box blank)
If the judge grants the order and converts the case to a
divorce, the case will move ahead as a divorce case. Read more about the different
stages and topics in divorce cases.
ALASKA Part 9
What if we agree on all issues before filing?
If you agree, both parties can file uncontested paperwork
together which will make the case go much faster. Please read the Uncontested
Matters, Agreements and Settlements section for forms and information.
ALASKA Part 8
What forms do I need to file for dissolution or divorce?
To start a case in court, you must file a document called
either a complaint or a petition, and required attachments. The kind of
complaint or petition you file will depend on your situation.
The first question is whether or not you have children, so
please click on the appropriate link below to see a list of available forms:
- There are minor children (whether or not there are
paternity issues and/or the wife is pregnant)
- There are no minor children
ALASKA Part 7
What is the difference between a dissolution or divorce
case?
The difference is whether the couple agrees or disagrees
about the issues. If they agree on all issues, they can file a dissolution case
together. If they don't agree, one spouse can file a divorce case.
ALASKA Part 6
What issues does a dissolution or divorce case deal with?
Both cases end the marriage and divide marital property and
debt (including retirement accounts). When the couple has children, both cases
also decide a parenting plan which is the custody and visitation arrangement
and issue a child support order.
You can learn more about property and debt division when
ending a marriage.
You can learn more about parenting plans (custody and
visitation).
ALASKA Part 5
Does Alaska have resources for do-it-yourself divorce?
Yes. You can usually get fill-in-the-blank forms at your
local courthouse or the local law library. And you can go to this online
resource for Alaska, where you'll find extensive information about
do-it-yourself divorce, along with court forms (in some states).
ALASKA Part 4
What are the rules about child support in Alaska?
Like all states, Alaska requires both parents to support
their children, even after a divorce. The amount of child support depends
primarily on each parent's income and other resources, and how much time each
parent spends with the children. In addition, sometimes the courts will "impute"
income to a parent who has the capacity to earn more than he or she actually is
earning. To learn more about child support, see Nolo's Child Support area.
ALASKA Part 3
What are the rules about child custody in Alaska?
Like all states, Alaska courts begin with a presumption that
it's best for a child to have frequent and continuing contact with both parents
after a divorce. If possible, judges want to support joint custody
arrangements. However, the exact nature of the time-share will be determined by
the children's best interests. For more information, see Nolo's article Child
Custody FAQ.
ALASKA Part 2
How is property divided at divorce in Alaska?
Alaska is a community property state. This means that any income
earned by either spouse during the marriage, and all property bought with those
earnings, are considered marital property that is owned equally by each spouse
or partner. At divorce, the property is divided equally between the spouses or
partners.
ALASKA Part 1
1. What
do we need to get a divorce?
What are the grounds for divorce in Alaska?
Alaska is a mixed state, which means you can use either
no-fault or fault grounds as a basis for seeking a divorce, or you can base
your divorce on the fact that you've been separated from your spouse. The
reason you might want to use fault grounds is to gain an advantage in a
contested child custody case or a dispute about the division of marital
property or the appropriateness or amount of alimony. To learn more about how
Alaska uses fault as a determining factor in child custody, alimony, and
property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
ALABAMA Part 54
At that hearing, you will generally receive your regular
Alabama restraining order. Use it to your advantage by informing the police if
the abuser violates the order. The value of a protective order is that it is a
crime to violate the order, making it easier to deter the abuser and bring
criminal charges for violent or harassing behavior.
ALABAMA Part 53
Now, the abuser must be served notice for the restraining
order to take effect. Speak to the court staff about how to do this.
Next, you are typically scheduled for a hearing a few days
after requesting the Alabama TRO. You will have to testify again at that
hearing to get a regular Alabama restraining order. Note that the abuser has a
right to appear and be heard at this hearing. Take any evidence and witnesses
that you have to ensure that you present a strong case of abuse and fear to the
judge.
ALABAMA Part 52
Fill out and return the filing forms. A judge
will then decide whether you are entitled to an Alabama TRO. The general rule
is that you can get a temporary order if you are in immediate danger and fear
for your safety.
ALABAMA Part 51
To request an order, go to your county courthouse and find
the clerk. Ask about filing for an Alabama temporary restraining order for
protection against an abuser. There is no fee for filing for such an order.
ALABAMA Part 50
With that said, you can still file a petition for an Alabama
protective order against a current spouse, former spouse, person with whom you
have a child, current cohabitant if a romantic or sexual relationship exists,
and anyone else whom you have dated within the six months before the filing of
the Alabama restraining order.
ALABAMA Part 49
Now, this does not mean that you have no recourse. In many
cases, you can still press criminal charges for acts of violence or threats of
violence. Call the police every time there is an occurrence of such activity so
you can establish that there is a pattern of conduct by an abuser. This is the
best way to protect yourself if you do not qualify for an Alabama restraining
order (PFA order).
ALABAMA Part 48
While many states seem to be expanding their availability of
judicial protective orders, Alabama is going in the other direction. According
to WomensLaw, the state no longer grants Alabama restraining orders
("protection from abuse" orders) unless there is or was an intimate
relationship between the victim and abuser.
ALABAMA Part 47
3. What
do we need to do to get TRO?
How to Get an Alabama Restraining Order
Obtaining a Protective Order from the Alabama Courts
Alabama courts play an important role in deterring domestic
violence. In appropriate cases, a court can issue an Alabama restraining order
that is designed to deter an abuser from committing violence and similar
actions. Because it is a crime to violate this kind of protective order, it is
easier to get the police involved and press charges for domestic violence and
other abusive behavior. Victims should act as quickly as possible to increase
their legal options for stopping the inappropriate and criminal acts of an
abuser.
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