Fill and Sign the Cv Case Type Dr Other Action Code Ciuifsa Form

CV Case Type: DR Other | Action Code: CIUIFSA Person Filing Motion: Name: Email: Mailing Address: Phone: NOTE: If for any reason you do not want the other party to know your physical address, you must still provide a mailing address so that the court and the other party can serve you by mail. Page 1 of 7 DR -705 ( 2/19) (cs) MOTION TO CHANGE CUSTODY, SUPPORT , OR VISITATION List court location, names of parties and case number exactly as shown on original court order. IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) ) ) CASE NO. ) ) MOTION TO CHANGE ALASKA ORDER ABOUT ) CUSTODY SUPPORT VISITATION There is an open Child -in-Need -of-Aid (CINA) Case. Court Location: . Case number (if known): . 1. PARENT INFORMATION NOTE: If for any reason you do not want the other parent to know your current address or employer, you do not need to provide that information. However, you must provide a mailing address that will allow the court and the other parent to mail you required docu ments. That address may be in care of another person as long as you will receive all papers sent to you. Par ent A (parent filing motion) : Full name: Date of birth: Mailing address: Residence address (if different): Daytime phone number: Email : I authorize the court to email me court documents in this case to the email address above. I agree to notify the court if I change my email address or wish to receive documents by regular mail. (Use form TF -820 , Electronic Delivery of Case Documents .) Most recent employer: Dates of employment : Employer’s address: Par ent B: Full name: Date of birth: Mailing address: Residence address (if different): Daytime phone number: Email : Most recent employer: Dates of employment: Employer’s address: Page 2 of 7 DR -705 (2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION Custodian (other than parent): Full name: Date of birth: Mailing address: Residence address (if different): Daytime phone number: Email: 2 . CHILDREN List the names of all children covered by your most recent court order. Child’s Name Date of Birth Who is Child Living With? [Attach extra pages for any additional children.] Is the custody and visitation arrangement for each child the same as ordered by the court in its most recent order? Yes No If your answer is “no” for any child, explain in detail how the child’s current custody and visitation arrangement is different from what the court ordered. [ Attach extra pages if necessary. ] Page 3 of 7 DR -705 (2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION 3 . CHANGE IN CUSTODY OR VISITATION NOTE: A change in custody will not be granted unless there has been a substantial change in circumstances since the last order was entered. Also, the requested change must be in the best interests of the children. See page 3 of the Instructions about "best interests." Do you want the custody or visitation order changed? (Check all that apply.) custody visitation no change in custody or visitation Explain in detail what changes you want the court to order and why. [Attach extra pages if necessary.] Notice to Parties : If there is a change in custody or visitation, the court is required to consider whether the child support order must also be changed. Travel Expenses . Travel expenses necessary to exercise visitation should be allocated between the parties as follows: Page 4 of 7 DR -705 (2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION 4. CHANGE IN CHILD SUPPORT NOTE: In order to obtain an increase or decrease in support payments because of a change in income of the person making the payments, the change in income must be both long term and significant. The court will not modify a support order because of a minor or temporary increase or decrease in income. The general guideline for determining whether a change in income is significant is if the change is enough to raise or lower the support payments by 15% or more. You must attach any documentation you have that supports your request. Examples include pay stubs, tax returns, and proof of social security or disability benefits. Do you want the support payments for the above children to be: increased decreased no change in support payments Check all of the following boxes that explain why you are requesting an increase or decrease. [Attach extra pages if necessary.] a. The income of the person making the child support payments has increased or decreased. (If you check this box, attach documentation of the increase or decrease and explain why it has occurred. ) b. Support payments should be changed because there has been a change in where the children are living. ( If you check this box, list the dates when the living arrangements changed, explain what the current living arrangements are, and attach any documents you have to support your claim. ) c. Support payments should be changed because there has been a change in the availability or cost of medical insurance for the children or because medical expenses for the children have increased or decreased. ( Describe what the change should be and attach all available documents that support the requested change.) d. Other ( Be specific and attach any supporting documents. ) Page 5 of 7 DR -705 ( 2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION Note: The court must use A K Civil Rule 90.3 to calculate the support amount. 1 So you must also attach a completed Child Support Guidelines Affidavit (DR -305 ) with information for the court . Income Withholding. I understand that the court’s modification order must require that the support amount be immediately withheld from the obligor’s income unless one of the three exceptions 2 shown below applies. I request that the court not order immediate income withholding because: 1. Alternative Payment Arrangement. The other parent and I agree on the alternative payment arrangement 3 described in the attached document signed by both of us (and by CSSD if support has been assigned to the state); and  if CSSD is enforcing the support order, CSSD has entered this agreement into its record; and  an income withholding order has not been term inated previously and subsequently initiated; and  the obligor has agreed to keep the obligee (or CSSD if CSSD is enforcing the order) informed of the obligor’s current employer and the availability of employment -related health insurance coverage for the ch ildren until the support order is satisfied. 2. Not in Best Interests of Child(ren). Immediate income withholding would not be in the best interests of the child(ren) because: ; AND  the obligor made voluntary support payments under a court or agency order , and has not been in arrears in an amount equal to the support payable for one month 4; and  the obligor agreed to keep the obligee (or CSSD if CSSD is enforcing th e order) informed of the obligor’s current employer and the availability of employment -related health insurance coverage for the children until the support order is satisfied. 3. Obligor Receives Other Compensation. The obligor is receiving social security or other disability compensation that includes regular payments to the child(ren) at least equal to the support owed each month. To the extent these payments to t he child(ren) do not satisfy the monthly amount owed, I request that the remaining amount due be immediately withheld from the obligor's income pursuant to AS 25.27.062. 1 State v. Bromley , 987 P.2d 183 (Alaska 1999). 2 AS 25.27.062(m). 3 The following are some examples of alternative payment arrangements : having a military allotment paid to the oblig ee; advance payment of two months' support to the obligee as security for future payments ; or an automatic funds transfer from the obligor's bank or employer to the obligee. 4 “In arrears” means failing to make a support payment within 30 days of the monthly due date specified in the order. AS 25.27.062(m)(2)(B). Page 6 of 7 DR -705 ( 2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION 5. REQUIRED ATTACHMENTS . Each of the items listed below MUST be attached to this motion. Check each box to indicate that you completed and attached the item. A copy of your most recent child support or der Child Custody Jurisdiction Affidavit (form DR -150 ) Child Support Guidelines Affidavit (form DR -305 ) Shared Custody Child Support Calculation (form DR -306 ) ( required only if shared custody has been ordered or is being requested ) or form DR -307 (for divided custody) or form DR -308 (for hybrid custod y). All document s needed to support your request for a change in custody, visitation , or support. Information Sheet (form DR -314 ) Filing fee in the amount specified in Administrative Rule 9(b) (1) or Request for Exemption from Payment of Fees, and Order (form TF -920 ). 6. OATH OR AFFIRMATION NOTE : You must sign this in front of a notary. A court clerk can provide this notary service for you at no charge. Bring a photo ID with you for the notarization. I swear or affirm that the above statements and any attachments are true to the best of my knowledge and belief. Date Signature of Person Filing Motion (Only sign in front of a court clerk or notary.) Printed Name Subscribed and sworn to or affirmed before me at , Alaska on . Date Clerk o f Court, Notary Public or other person authorized to administer oaths. (SEAL) My commission expires: [You must complete the Certificate of Service on the next page.] Page 7 of 7 DR -705 ( 2/19)(cs) MOTION TO CHANGE CUSTODY, SUPPORT OR VISITATION IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) ) CASE NO. ) ) CERTIFICATE OF SERVICE FOR ) MOTION TO CHANGE CUSTODY, ) SUPPORT, OR VISITATION [MUST BE COMPLETED ] [Instructions : You must serve this Certificate of Service on the other party and file it with the court AFTER you pay the filing fee or the court approves your request to waive the filing fee. ] OTHER PARENT [Instructions: Y ou must send a Response Packet to the other parent in addition to the other items listed below.] I certify that I served the other parent by first class mail hand delivery a copy of (1) the Motion ; (2) all documents checked in paragraph 5 ; and (3) a Respon se Packet . Name of Other Parent: Address: Date mailed or hand delivered: OTHER PARENT’S ATTORNEY [Instructions: If the other parent was represented by an attorney within the last ye ar, you must send the attorney the documents below.] I certify that I served the other parent’s attorney by first class mail hand delivery a copy of (1 ) the Motion ; and ( 2) all documents checked in paragraph 5. Name of Other Party’s Attorney: Address: Date mailed or hand delivered: Date Filed at C ourt Signature of Person Filing Certificate Print Name