Alaska Statutes
Alaska Stat. § 25.24.170 (2026)
Modification of judgment
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Sec. 25.24.170. Modification of judgment.
(a) Subject to AS 25.20.110, any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony, for the appointment of trustees for the care and custody of the minor children or for their nurture and education, for the care, nurture, and education of unmarried 18-year-old children of the marriage while they are actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as dependents with a parent, guardian, or designee of the parent or guardian, or for the maintenance of either party to the action.
(b) For the purposes of a motion to modify or terminate child support, the adoption or enactment of guidelines or a significant amendment to guidelines for determining support is a material change in circumstances if the guidelines are relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic modification of child support may be made without a showing of a material change in circumstances if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification.
(a) Subject to AS 25.20.110, any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony, for the appointment of trustees for the care and custody of the minor children or for their nurture and education, for the care, nurture, and education of unmarried 18-year-old children of the marriage while they are actively pursuing a high school diploma or an equivalent level of technical or vocational training and living as dependents with a parent, guardian, or designee of the parent or guardian, or for the maintenance of either party to the action.
(b) For the purposes of a motion to modify or terminate child support, the adoption or enactment of guidelines or a significant amendment to guidelines for determining support is a material change in circumstances if the guidelines are relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic modification of child support may be made without a showing of a material change in circumstances if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification.
Notes of Decisions
Cited in 36
cases (1 in the last 5 years), 1984–2022 · leading case: Brotherton v. Warner, 240 P.3d 1225 (Alaska 2010).
Brotherton v. Warner, 240 P.3d 1225 (Alaska 2010). “INTRODUCTION Douglas Brotherton appeals a superior court order extending his child support obligation for his 18-year-old son Nicholas through Nicholas's graduation from high school pursuant to AS 25.24.170(a). Douglas argues that the superior court erred in interpreting both AS…”
Dewey v. Dewey, 886 P.2d 623 (Alaska 1994). “Michael filed a motion for relief from judgment pursuant to Alaska Civil Rule 60(b) and to AS 25.24.170 on July 16, 1992. The superior court denied this motion by memorandum and order of December 24, 1992.”
Propst v. Propst, 776 P.2d 780 (Alaska 1989). “Unable to resolve the rekindled dispute, Propst moved for relief from the 1981 judgment pursuant to Alaska Civil Rule 60(b)(5) or, in the alternative, for modification of the child support award pursuant to AS 25.24.170. Master Andrew Brown issued a report recommending that…”
Scully v. Scully, 987 P.2d 743 (Alaska 1999). “INTRODUCTION In 1992 the Alaska Legislature amended AS 25.24.170 to permit trial courts to continue child support for eighteen-year-olds who are finishing high school while still living at home.”
Burrell v. Burrell, 696 P.2d 157 (Alaska 1984). “220 (now AS 25.24.170), and Civil Rule 60(b)(5-6).”
Lawrence v. Lawrence, 718 P.2d 142 (Alaska 1986). “Additionally, the superior court ruled that if Lawrence was relying upon AS 25.24.170 to modify the decree, he failed to show a material and substantial change in circumstances.”
Charlesworth v. State, Child Support Enf't Div. Ex Rel. Charlesworth, 779 P.2d 792 (Alaska 1989). “An amendment to AS 25.24.170 was approved by the governor on May 27, 1988, and became effective August 25,1988.”
Keffer v. Keffer, 852 P.2d 394 (Alaska 1993). “Since the parties' dissolution agreement was incorporated in the superior court's decree these alimony provisions were subject to modification pursuant to AS 25.24.170, which provides that "any time after judgment the court, upon the motion of either party, may set aside, alter,…”
Dowling v. Dowling, 679 P.2d 480 (Alaska 1984). “The issue is whether a court has the power to modify a child support order so as to provide for post-majority educational support.”
Flannery v. Flannery, 950 P.2d 126 (Alaska 1997). “Child support is a matter of public concern, and neither AS 25.24.170 nor Rule 90.3(h)(1) suggests that particular terms of an agreement can totally restrict the court’s ability to modi *131 fy it so long as a change of circumstances is proven.”
Clauson v. Clauson, 831 P.2d 1257 (Alaska 1992). “Even so, in her reply to the opposition, Dorothy maintained that James’ waiver of his retirement pay, which terminated her own interest in this benefit, “is a change of circumstances under AS 25.24.170 3 and in addition constitute^] a destruction of the Court’s original finding…”
Richmond v. Richmond, 779 P.2d 1211 (Alaska 1989). “See AS 25.24.170(b). By applying the Civil Rule 90.”
— Alaska Stat. § 25.24.170(a) — 9 cases
Brotherton v. Warner, 240 P.3d 1225 (Alaska 2010). “INTRODUCTION Douglas Brotherton appeals a superior court order extending his child support obligation for his 18-year-old son Nicholas through Nicholas's graduation from high school pursuant to AS 25.24.170(a). Douglas argues that the superior court erred in interpreting both AS…”
Scully v. Scully, 987 P.2d 743 (Alaska 1999). “INTRODUCTION In 1992 the Alaska Legislature amended AS 25.24.170 to permit trial courts to continue child support for eighteen-year-olds who are finishing high school while still living at home.”
Lee-Magana v. Carpenter, 375 P.3d 60 (Alaska 2016).
Millo v. Delius, 872 F. Supp. 2d 867 (D. Alaska 2012).
State, Dep't of Revenue v. McCormick, 3 P.3d 930 (Alaska 2000).
— Alaska Stat. § 25.24.170(b) — 7 cases
Charlesworth v. State, Child Support Enf't Div. Ex Rel. Charlesworth, 779 P.2d 792 (Alaska 1989). “An amendment to AS 25.24.170 was approved by the governor on May 27, 1988, and became effective August 25,1988.”
Richmond v. Richmond, 779 P.2d 1211 (Alaska 1989). “See AS 25.24.170(b). By applying the Civil Rule 90.”
Bunn v. House, 934 P.2d 753 (Alaska 1997).
Perry v. Newkirk, 871 P.2d 1150 (Alaska 1994).
Lawson v. Lawson, 108 P.3d 883 (Alaska 2005).
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