15 AAC 125.070. Calculation of support award

(a) If one parent has primary custody of the child or children, as defined by Alaska Rule of Civil Procedure 90.3(f)(2), the agency will calculate the child support award by multiplying the adjusted annual income determined under 15 AAC 125.065 by the appropriate percentage under Alaska Rule of Civil Procedure 90.3(a).

(b) If the parents have shared custody of the child or children, as defined by Alaska Rule of Civil Procedure 90.3(f)(1), the agency will calculate the child support award by applying the formula set out in Alaska Rule of Civil Procedure 90.3(b) to the adjusted annual income of each parent, as determined under 15 AAC 125.065.

(c) If the parents have divided custody of the children, as defined by Alaska Rule of Civil Procedure 90.3(f)(3), or hybrid custody, as defined by Alaska Rule of Civil Procedure 90.3(f)(4), the agency will calculate the child support award by applying the formula set out in Alaska Rule of Civil Procedure 90.3(b) based on the adjusted annual income of each parent and the amount of time all of the children will spend with each parent. The agency will then consider whether that support amount should be varied under 15 AAC 125.075 because of the divided or hybrid custody arrangement.

(d) In determining whether there is primary, shared, divided, or hybrid custody, the agency will follow the current custody order, if a custody order is in effect. If a custody order is not in effect, the agency will base the support calculation on the actual custody arrangement. The agency may require the parents to provide proof of the actual custody arrangement. As proof the parents may include school records, sworn statements from neighbors or other persons with knowledge of the child's residence, and any other reliable evidence of the child's residence. If a parent is receiving assistance through AS 47.27 (Alaska Temporary Assistance Program (ATAP)) on behalf of a child, the agency will presume that the parent has primary custody of the child unless the parent disputing the presumption of primary custody provides proof to establish, by a preponderance of the evidence, that a different custody arrangement exists.

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

Authority: AS 25.27.020

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