15 AAC 125.075. Variances and exceptions

(a) At the request of a parent, the agency will, in its discretion, for good cause, vary a child support award calculated under 15 AAC 125.070 if the parent provides to the agency clear and convincing evidence that

(1) repealed 4/15/2005;

(2) manifest injustice will result unless the child support award under 15 AAC 125.070 is varied because of unusual circumstances; for purposes of this paragraph, unusual circumstances may include:

(A) especially large family size;

(B) significant income of a child;

(C) divided custody under which one parent has primary custody of one or more children of the relationship and the other parent has primary custody of one or more other children of the relationship;

(D) health or other extraordinary expenses;

(E) unusually low expenses;

(F) the existence of subsequent children of the obligor parent, but only if failure to vary the child support award under 15 AAC 125.070 would cause substantial hardship to the subsequent children;

(G) a consideration of the incomes of both parents; or

(H) in a modification action, the fact that the obligor parent has taken a second job in order to better provide for a subsequent family; or

(3) the parent has an adjusted annual income that is more than $100,000, as calculated under 15 AAC 125.065; if a parent qualifies for a variance under this paragraph, the agency will base the support award on an adjusted annual income of $100,000; the agency will make an additional award under this paragraph if the agency determines that an additional award is just and proper, taking into account the needs of the children, the standard of living of the children, and the extent to which that standard should be reflective of the parent's ability to pay.

(4) repealed 8/4/2005.

(b) The following reasons do not, alone, provide good cause for varying a child support award under (a) of this section, but the agency will, in its discretion, consider them if there is evidence of other unusual circumstances in a particular case:

(1) agreement of the parents;

(2) prior and subsequent debts of the obligor parent;

(3) income of a new spouse of either the custodial or obligor parent; or

(4) the age of the children.

(c) The agency may not consider the following reasons in determining whether there is good cause to vary a child support award under (a) of this section:

(1) denial of visitation; or

(2) relocation of the custodial or obligor parent.

(d) The agency will set a support award at no less than the minimum support amount of $50 per month set out in Alaska Rule of Civil Prodcedure 90.3(c)(3), except to the extent that

(1) the parent is entitled to an extended visitation credit under a valid order granting the parent visitation in excess of 27 consecutive days and providing for a credit for a period in which the extended visitation is actually exercised; or

(2) a lesser amount is required under a shared, divided, or hybrid custody calculation under Alaska Rule of Civil Procedure 90.3(b).

History: Eff. 10/1/98, Register 147; am 6/15/2001, Register 158; am 11/30/2002, Register 164; am 4/15/2005, Register 174; am 8/4/2005, Register 175

Authority: AS 25.27.020

Editor's note: The repealed regulation at 15 AAC 125.075(a)(4) was originally adopted as an emergency regulation that took effect on 4/15/2005.

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