Modifying Child Custody, Visitation or Child Support

A request to the court to change an existing court order because of a change in circumstances.

• Property and debt division from a divorce or dissolution: very rarely
• Spousal support: possibly
• Child custody and support: if there is a change in circumstances

For custody, a change in circumstances means something has happened so that the old parenting plan is no longer in the child(ren)'s best interests. Examples include:

• the original plan was for a 2 year old and the now the child is 10 years old
• one parent is moving so the existing visitation schedule is impossible
• an act of domestic violence
• the custodial parent went to jail

For child support, there needs to be:

• 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
• a change in the parenting plan from primary custody to shared custody or vise versa that affects the child support formula. You may find the FAQs on Child Support helpful to decide whether to file a motion to modify child support.

The Alaska Supreme Court has issued many decisions about what types of circumstances amount to a change of circumstances allowing a modification.

• 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.

No. Generally, you will always owe child support according to the most recent court order, or administrative order if you do not have any court orders. Therefore, if there has been a 15% change in your income or the parenting plan has changed in a way that affects the child support, you must file a motion to change the child support. Otherwise, you'll just keep owing under the existing order. However, this is a dynamic area of law and you should consult with an attorney to find out whether there are any legal strategies that might be helpful to you.

Yes, as long as all of the conditions are met. Please read the Instructions, DR-323 for more information about the conditions and forms.

A Motion to Modify is a request to the trial court or administrative agency to change an existing order because of a change in circumstances. The trial court or agency will consider new evidence as it relates to the change of circumstances. In the family law context, Motions to Modify Custody or Support can be filed anytime before the child(ren) turn eighteen.

An appeal in this context is a review by the Alaska Supreme Court of the final judgment or decree issued by the trial court of the agency. An appeal is not a new trial, and no new evidence will be accepted. Also, appeals occur shortly after the final judgment or decree is issued. In fact, the rules require that you must file a Notice of Appeal within 15 or 30 days depending on the type of case being appealed. Please see the appeals page for more information.

There are 2 options for paperwork that you can file. They both work, but the first gives you the opportunity to provide more specific information about the reason to modify:

• Motion to Modify Custody, Visitation & Support Packet, SHC-PAC12

OR

• Motion to Modify Packet, DR-700
• Order Modifying Child Support, DR-301 PDF | Fill-In PDF (if you are asking to modify child support fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN)
• pick one of the following if you are asking to modify custody and visitation and fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN:
  • Custody Order (1 page), SHC-1103 Word | PDF OR
  • Post-Judgment Order for Modification of Custody and Visitation (4 pages), SHC-1124 Word | PDF

If you have been served with a Motion to Modify, you may use the following packet to respond:

• Response to Motion to Modify Packet, DR-720

Even if both parents agree on the change, you still need to file something in court. Both parents can file together:

• Uncontested Motion to Modify Custody, Visitation and Child Support Packet, SHC-PAC11

Read the Uncontested Matters, Agreements and Settlement section to learn more.

With any motion filed after you have received a final judgment in a divorce or custody case, include:

• a Notice of Motion, SHC-1630 Word | PDF

Note: the Motion to Modify packet, DR 700, includes a form Notice of Motion to Change Custody, Support or Visitation, DR-710, which serves the same purpose. If you are filing the DR-710, you do not need to also file the SHC-1630.

If both parents are filing together an Uncontested Motion to Modify, SHC-PAC11, you do not need to file a Notice of Motion.

You serve the opposing party by first class US mail or hand delivery. Please read the information about serving the opposing party.

But, if you are filing a motion to modify child custody and child support in court and the Child Support Services Division (CSSD) is collecting the support, you also need to also serve the Attorney General's Office who are the attorneys for CSSD. Look at your CSSD case number to determine which office is handling your case:

You can only modify an out-of-state custody order in the Alaska court if the Alaska court has jurisdiction over the child(ren). The general rule is that the child has to have lived in Alaska for at least the last six months before the Alaska court has the power to make decisions about child custody and visitation. However, jurisdiction can be very complicated so if you have any questions about where to file your motion to modify, you are strongly urged to talk to a lawyer.

If Alaska has jurisdiction to modify the child custody order, you need to register the out-of-state order in the Alaska court as a foreign order before modifying it. This is necessary so the Alaska court will recognize the foreign order as valid. After the order is registered in Alaska, you can file a motion to modify.

In general, if Alaska does not have jurisdiction over the children, you cannot modify your foreign custody order in the Alaska court. In that situation, you will have to return to the original state or perhaps go to an entirely new state to modify. Because there are exceptions and this is a very complicated area of law, you should talk to a lawyer to figure out where to file your motion to modify.

Rev. 11 February 2009 © Alaska Court System www.state.ak.us/courts

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