Alaska Statutes
Alaska Stat. § 25.27.166 (2026)
Disestablishment of paternity
✓ current as of July 2026
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Sec. 25.27.166. Disestablishment of paternity.
(a) The agency shall, by regulation, establish procedures and standards for the disestablishment of paternity of a child whose paternity was established in this state other than by court order if the paternity was not established by
(1) genetic test results that met the standard set out in AS 25.20.050(d) at the time the test was performed; or
(2) an acknowledgment of paternity under AS 25.20.050 or an admission of paternity under AS 25.27.165.
(b) The agency's standards and procedures under (a) of this section must
(1) allow a person to petition the agency to disestablish paternity only once per child;
(2) allow a petition to disestablish paternity to be brought only within three years after the child's birth or three years after the petitioner knew or should have known of the father's putative paternity of the child, whichever is later; and
(3) provide standards and notice and hearing procedures that are equivalent to those used for establishment of paternity under AS 25.27.165.
(c) The agency shall disestablish paternity under this section if genetic test results are negative under the standard set out in AS 25.20.050(d) and if the other standards established in its regulations are met.
(d) If a decision under this section disestablishes paternity, the petitioner's child support obligation or liability for public assistance under AS 25.27.120 is modified retroactively to extinguish arrearages for child support and accrued liability for public assistance based on the alleged paternity that is disestablished under this section. This subsection may be implemented only to the extent not prohibited by federal law.
(e) The costs of genetic testing under this section shall be assessed against the petitioner if paternity is not disestablished. If paternity is disestablished under this section, the costs of genetic testing shall be assessed against
(1) the individual to whom the petitioner paid or owed child support payments for the child for whom paternity was disestablished; or
(2) the agency if there is no individual who meets the description in (1) of this subsection.
(a) The agency shall, by regulation, establish procedures and standards for the disestablishment of paternity of a child whose paternity was established in this state other than by court order if the paternity was not established by
(1) genetic test results that met the standard set out in AS 25.20.050(d) at the time the test was performed; or
(2) an acknowledgment of paternity under AS 25.20.050 or an admission of paternity under AS 25.27.165.
(b) The agency's standards and procedures under (a) of this section must
(1) allow a person to petition the agency to disestablish paternity only once per child;
(2) allow a petition to disestablish paternity to be brought only within three years after the child's birth or three years after the petitioner knew or should have known of the father's putative paternity of the child, whichever is later; and
(3) provide standards and notice and hearing procedures that are equivalent to those used for establishment of paternity under AS 25.27.165.
(c) The agency shall disestablish paternity under this section if genetic test results are negative under the standard set out in AS 25.20.050(d) and if the other standards established in its regulations are met.
(d) If a decision under this section disestablishes paternity, the petitioner's child support obligation or liability for public assistance under AS 25.27.120 is modified retroactively to extinguish arrearages for child support and accrued liability for public assistance based on the alleged paternity that is disestablished under this section. This subsection may be implemented only to the extent not prohibited by federal law.
(e) The costs of genetic testing under this section shall be assessed against the petitioner if paternity is not disestablished. If paternity is disestablished under this section, the costs of genetic testing shall be assessed against
(1) the individual to whom the petitioner paid or owed child support payments for the child for whom paternity was disestablished; or
(2) the agency if there is no individual who meets the description in (1) of this subsection.
Notes of Decisions
Cited in 32
cases (1 in the last 5 years), 1995–2024 · leading case: Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996).
Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996). “" [9] In relevant part, this provision states that "[c]hild support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d)." Alaska R.Civ.P. 90.3(h)(2).”
Ferguson v. State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. P.G., 977 P.2d 95 (Alaska 1999). “AS 25.27.166 provides for administrative disestablishment of paternity, and requires that an administrative decision disestablishing paternity extinguish existing child support arrearages, but “only to the extent not prohibited by federal law”: (a) The agency shall, by…”
Geldermann v. Geldermann, 428 P.3d 477 (Alaska 2018). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d) [where paternity is disestablished].”
Duffus v. Duffus, 72 P.3d 313 (Alaska 2003). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Enforcement Division, is served…”
Swaney v. Granger, 297 P.3d 132 (Alaska 2013). “3d 910, 915 (Alaska 2003); see AS 25.27.166(d); Alaska R. Civ. P. 90.3(h)(2).”
Tillmon v. Tillmon, 189 P.3d 1022 (Alaska 2008). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Services Division, is served on…”
Spott v. Spott, 17 P.3d 52 (Alaska 2001). “3(h)(2) prohibits the retroactive modification of child support, subject to the exceptions contained in AS 25.27.166(d). 8 . Matthews v. Matthews, 739 P.”
State, Dep't of Revenue, Child Support Enf't Div. v. Allsop, 902 P.2d 790 (Alaska 1995). “See AS 25.27.166(a); ch. 57, § 14, SLA 1995. Because it was enacted well after the outset of the present case, AS 25.”
Boone v. Boone, 960 P.2d 579 (Alaska 1998). “3(h)(2) provides: Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Enforcement…”
Paxton v. Gavlak, 100 P.3d 7 (Alaska 2004). “3(h)(2) states in part that “[c]hild support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d) [question of paternity].” 8 No party questions this fundamental concept.”
Webb v. State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. Webb, 120 P.3d 197 (Alaska 2005). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d)." AS 25.27.166(d) permits retroactive modification if paternity is disestablished.”
Teseniar v. Spicer, 74 P.3d 910 (Alaska 2003). “2d at 1352 (citing AS 25.27.166(d) and AS 25.27.195). 18 . - Alaska R.”
— Alaska Stat. § 25.27.166(a) — 2 cases
State, Dep't of Revenue, Child Support Enf't Div. v. Allsop, 902 P.2d 790 (Alaska 1995). “See AS 25.27.166(a); ch. 57, § 14, SLA 1995. Because it was enacted well after the outset of the present case, AS 25.”
Ferguson v. State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. P.G., 977 P.2d 95 (Alaska 1999). “AS 25.27.166 provides for administrative disestablishment of paternity, and requires that an administrative decision disestablishing paternity extinguish existing child support arrearages, but “only to the extent not prohibited by federal law”: (a) The agency shall, by…”
— Alaska Stat. § 25.27.166(b)(2) — 2 cases
T.P.D. v. A.C.D., 981 P.2d 116 (Alaska 1999).
Tpd v. Acd, 981 P.2d 116 (Alaska 1999).
— Alaska Stat. § 25.27.166(d) — 27 cases
Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996). “" [9] In relevant part, this provision states that "[c]hild support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d)." Alaska R.Civ.P. 90.3(h)(2).”
Geldermann v. Geldermann, 428 P.3d 477 (Alaska 2018). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d) [where paternity is disestablished].”
Duffus v. Duffus, 72 P.3d 313 (Alaska 2003). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Enforcement Division, is served…”
Swaney v. Granger, 297 P.3d 132 (Alaska 2013). “3d 910, 915 (Alaska 2003); see AS 25.27.166(d); Alaska R. Civ. P. 90.3(h)(2).”
Tillmon v. Tillmon, 189 P.3d 1022 (Alaska 2008). “Child support arrearage may not be modified retroactively, except as allowed by AS 25.27.166(d). A modification which is effective on or after the date that a motion for modification, or a notice of petition for modification by the Child Support Services Division, is served on…”
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