15 AAC 125.873. Termination of support order based on emancipation

(a) Unless the order specifically provides otherwise, a support order terminates when the child is emancipated, dies, or is legally adopted or when the obligor's parental rights and obligations are terminated under a proceeding under AS 47.10 or substantially similar laws in a state with jurisdiction over those proceedings.

(b) Except as provided in (c) of this section, a child will be considered emancipated if the child

(1) turns 18 years of age;

(2) is married according to law, unless the child is under the marriageable age of consent as defined in AS 25.05.171 (a);

(3) is legally emancipated by a court or other tribunal of competent jurisdiction; or

(4) enters the United States armed forces and is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian.

(c) If the support order was issued by a tribunal of another state, the agency will apply the law of the issuing state to determine when the support obligation terminates under the support order.

(d) If a child enters the United States armed forces, the agency will presume that the child is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian. A parent may rebut this presumption by providing clear and convincing evidence that the child is still being supported as a dependent by a parent, guardian, or designee of the parent or guardian.

History: Eff. 4/1/2005, Register 173

Authority: AS 25.27.020

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