15 AAC 125.730. Modification if no party resides in this state

(a) If the agency receives a request for review or modification or the agency seeks to initiate a review or modification of a support order that was issued or registered in this state but the obligor, the custodial parent, and the child for whose benefit the support order is issued do not reside in this state, the agency will refer the request to the appropriate tribunal in the state where the non-requesting party resides.

(b) Except as provided in (c) of this section, the agency will determine a party's place of residence under (a) of this section as of the date the agency sends its notice of petition for modification under 15 AAC 125.316(c) . If all of the parties leave this state after the agency sends the notice of petition for modification but before the review or modification is complete, the agency will complete the review and modification unless the agency finds that good cause exists to terminate the review process and refer the request to a tribunal in another state. In deciding whether good cause exists to refer a request for review or modification to another tribunal under this subsection, the agency will consider

(1) whether another tribunal has personal jurisdiction over the parties and subject matter jurisdiction to consider the request for review or modification;

(2) whether another tribunal would be a more convenient forum for the parties, including having better access to witnesses and other evidence relevant to the review or modification request;

(3) the effect of any delay caused by a referral to another tribunal, including the effect on the applicable effective date of the proposed modification; and

(4) the cause of the parties' departure from this state, including any evidence that the change of residence was intended to delay the review or modification process.

(c) When the agency is registering a support order issued by a tribunal of another state, the agency will determine a party's place of residence as of the date the notice of registration is served on the non-requesting party. If all of the parties leave this state after the notice of registration is served on the non-requesting party, the agency will complete the review and modification unless the agency finds good cause exist to terminate the review process under (b) of this section.

History: Eff. 10/1/98, Register 147; am 4/1/2005, Regiater 173

Authority: AS 25.25.205

AS 25.25.206

AS 25.27.020

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