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Calculating Child Support - Frequently Asked Questions

  • What is child support?
  • When do I owe child support?
  • How is child support calculated?
  • What does Civil Rule 90.3 say?
  • So what's the hard part?
  • What counts as income?
  • What can I subtract for deductions?
  • If I quit or take a lower paid job will I pay less child support?
  • What if I am self-employed?
  • What if my income varies from year to year?
  • What paperwork do I need to file?
  • How do I file papers in court?
  • What happens after the information is filed?
  • What happens if one side doesn't give the court the information?
  • Can the court ask CSSD to do the calculations?
  • So what about CSSD?
  • What is the difference between court and CSSD?
  • What about modifying?
  • How do I find out how much money the other parent makes?
  • How can I find out if the opposing party applied for their PFD?
  • What do I file to modify?
  • Do I have to send CSSD copies of the modification papers?
  • What can I do if the obligor lives in a foreign country?
  • Other resources
  • What is child support?

  • The parents financial obligation to support their child(ren)
  • Federal and state laws require that child support be ordered whenever the court makes a custody order
    - Child support is not optional
    - Child support cannot be waived
    - Children are entitled to support


    When do I owe child support?

  • It will depend on your parenting plan.
  • For child support purposes, the parenting schedule will be described with one of the following words so that both you and the court know which formula to apply:

    Primary Divided
    Shared Hybrid

  • The custodial parent may request child support from the date the parents separated (even if that was long ago).
  • The order will tell you when you started owing child support, and when payments are due.


    How is child support calculated?

  • According to Civil Rule 90.3
    - Variation from the rule is allowed only in very rare circumstances.
    - Just because you might agree to vary does not mean the court will approve or accept your agreement.
  • Where you can find Civil Rule 90.3:
    - Court booklet, How to Calculate Child Support Under Civil Rule 90.3, DR-310 Adobe Acrobat PDF logo
    - The Alaska Court System website
    - In the Alaska Rules of Court book


    What does Civil Rule 90.3 say?

    Rule 90.3 discusses the different calculations you use depending on your parenting plan.

    Primary Custody

    To figure out the child support for a primary custody arrangement, do the following calculation:

    Shared Custody

    To figure out the child support for a shared custody arrangement, use the Shared Custody Child Support Calculation worksheet, DR-306 PDF | Fill-In PDF

    Divided Custody

    To figure out the child support for a divided custody arrangement, use the Divided Custody Child Support Calculation worksheet, DR-307 PDF | Fill-In PDF

    Hybrid Custody
    To figure out the child support for a hybrid custody arrangement, use the Hybrid Custody Child Support Calculation worksheet, DR-308 PDF | Fill-In PDF


    So whats the hard part?

  • You must claim income and deductions according to the rule
    - income for tax purposes DOES NOT EQUAL income for child support purposes
    - deductions for tax purposes DO NOT EQUAL deductions for child support purposes
  • Pulling together the required paperwork (W-2s, tax returns, pay stubs) to submit to the court.


    What counts as income?

  • Generally, ANY AND ALL income or payments, including
    - wages, disability, SSDI or unemployment
    - employer in-kind benefits such as meals, housing or transportation
    - non-taxable benefits such as military allowances for quarters, rations, COLA and specialty pay
  • But not
    - income from need based public benefit programs like ATAP, TANF or SSI
    - one-time, lump sum payments
  • See the detailed list in the Civil Rule 90.3 Commentary


    What can I subtract for deductions?

  • Federal taxes, SUI, Medicare & Social Security actually OWED (not withheld)
    - The CSSD Child Support Calculator may be able to help you calculate this IF you are filing as an individual, have no dependents and take the standard deduction, and you are doing a primary custody calculation.
  • Mandatory retirement contributions and union dues
  • Childcare for this child so you can work.
  • Other deductions as allowed by Civil Rule 90.3 Commentary.


    If I quit or take a lower paid job will I pay less child support?

  • Probably not.
  • The court may order child support according to your potential income, based on your work and earnings history.
  • This is called imputing.
  • The court is likely to impute if you are voluntarily and unreasonably unemployed or underemployed.
  • If you want the court to impute the other parent, you can file a Motion to Impute. See information on motion practice to learn how to file motions.


    What if I am self-employed?

  • Income includes the gross receipts minus the ordinary and necessary expenses required to produce the income.
  • However depreciation rules for child support are different than for taxes.
  • See the Commentary to Civil Rule 90.3 and an attorney for more information.


    What if my income varies a lot from year-to-year?

  • Under certain circumstances, Rule 90.3 allows for income averaging.
  • Prepare an Income Affidavit, SHC-1210 (Word | PDF) for each year, as well as a proposed averaged DR-305 (PDF | Fill-In PDF) with the completed calculation.
  • An attorney can help you determine whether this is appropriate in your situation and how best to make your argument.


    What paperwork do I need to file?

  • Completed Child Support Affidavit
        Form DR-305 PDF | Fill-In PDF
  • Pay stubs for the last two weeks
  • W-2s for the last two years
  • Tax returns for the last two years
  • Your affidavit Adobe Acrobat PDF logo explaining
        1) any unusual circumstances, and
        2) what you want the court to do about these circumstances


    How do I file papers in court?

  • Attach your paperwork to something: tell the court why you are filing these papers!

    Complaint Answer Motion
    Dissolution Notice of Filing Adobe Acrobat PDF logo  

  • Fill out the Certificate of Service
  • Make two copies of everything
        - One set for you and one set for the other side
  • File the original set in court.
  • Send one set of copies to the other side
  • Keep your set of copies in an organized folder with your other court papers and things for your case

    What happens after the information is filed?

  • If the court does not receive any objection or opposition to what is filed, it will make a decision and issue a child support order. Adobe Acrobat PDF logo
  • If you disagree with something about the information submitted by the other side, you must object in writing as soon as possible (2-5 days) so that the court will know you have concerns.
  • See information on motion practice to learn more about how to get your message to the judge.


    What happens if one side doesnt give the court the information?

  • It depends.
  • The court could impute the income to $100,000 (the cap under the Rule).
  • The court could impute based on the persons work history as described by the other side or Department of Labor records.
  • Other as the court decides.


    Can the court ask CSSD to do the calculations?

  • Yes, but it will probably delay your case and the obligor is likely to go into arrearages.
  • If you have filed all the necessary paperwork with the court, and done the calculations, then the court will usually issue its own order.
  • This is why you want to be on top of your numbers and driving your own bus.


    So what about CSSD?

  • Main job is to
    - Collect
    - Enforce
  • They can also
    - Establish
    - Review (by request, not more than once every 3 years)
    CSSD is not automatically involved in your case unless a public benefit is being received. Usually, one party must apply for services.


    What is the difference between court and CSSD?

  • CSSD orders are issued as part of an administrative process.
  • Court orders are issued as part of a custody, divorce or dissolution case.
  • Court orders ALWAYS take precedence over a CSSD order.


    What about modifying?

  • Going through the court
    - To modify a court order only
  • Going through CSSD
    - To modify an administrative order or court order
  • There must be a change in circumstance
    - 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)
    - Change in parenting plan that affects formula


    How do I find out how much money the other parent makes?


    How can I find out if the opposing party applied for their PFD?

    The court often orders the person who owes child support to apply for their own PFD. You can ask the PFD Office if someone has applied by calling:

      Anchorage:
    Fairbanks:
    Juneau:
    Toll-free:
    (907) 269-0370
    (907) 451-2821
    (907) 465-2326
    (800) 733-8813


    What do I file to modify?

  • Through court:
        file a Motion to Modify

  • Through CSSD:
        file a Request for Modification Adobe Acrobat PDF logo


    Do I have to send copies of modification papers filed in court to CSSD?

  • Yes, if CSSD is collecting in your case.
    - Include the Attorney General on the certificate of service
    - Make an extra set of copies
  • CSSD's lawyer is the Attorney General, so you need to send a copy of the papers to:

    Look at your case number to determine which office is handling your case:

    Case numbers that begin with 1, 2 or 3:
    Example: 1AN-08-8888, 2BA-08-8888
    3AN-08-8888
    Attorney Generals Office
    Collections and Support Division
    1031 West Fourth Ave., Ste. 200
    Anchorage, AK 99501
    Case numbers that begin with 4:
    Example: 4FA-08-8888
    Attorney General’s Office
    Collections and Support Section
    100 Cushman St., Ste. 400
    Fairbanks, AK 99701


    What can I do if the obligor lives in a foreign country?

    The U.S. Department of State's Office of Children's Issues has a web page addressing international child support enforcement.


    Other resources

  • You can read the laws, rules and regulations online, at your local law library, or at your local legislative information office.

  • Child Support Services Division FAQs

  • Local classes

  • A private attorney
         - Word of mouth or Lawyer Referral Line

  • The Family Law HelpLine



    Rev. 11 February 2009
    © Alaska Court System

    www.courts.alaska.gov

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