Alaska Statutes

Alaska Stat. § 25.27.226 (2026)

Collection of past due support

✓ current as of July 2026
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Sec. 25.27.226. Collection of past due support.
To collect the payment due, the custodian of a child, or the agency on behalf of that person, shall file with the court (1) a motion requesting establishment of a judgment; (2) an affidavit that states that one or more payments of support are 30 or more days past due and that specifies the amounts past due and the dates they became past due; and (3) notice of the obligor's right to respond. Service on the obligor must be in the manner provided in AS 25.27.265. The child's custodian, or the agency on behalf of the custodian, shall file with the court proof of service of the petition, affidavit, and notice. The obligor shall respond no later than 15 days after service by filing an affidavit with the court. If the obligor's affidavit states that the obligor has paid any of the amounts claimed to be delinquent, describes in detail the method of payment or offers any other defense to the petition, then the obligor is entitled to a hearing. After the hearing, if any, the court shall enter a judgment for the amount of money owed. If the obligor does not file an affidavit under this section, the court shall enter a default judgment against the obligor.


Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1992–2024 · leading case: State of Alaska, Dep't of Revenue, Child Support Enf't Div. Ex Rel. Constance L. Gause, v. Thomas Gause, 967 P.2d 599 (Alaska 1998).
State of Alaska, Dep't of Revenue, Child Support Enf't Div. Ex Rel. Constance L. Gause, v. Thomas Gause, 967 P.2d 599 (Alaska 1998). · cites it 30× “INTRODUCTION In an effort to collect child support arrears owed by Thomas Gause, the Child Support Enforcement Division (CSED) filed a motion under AS 25.27.226 seeking to establish a judgment for the past due payments.”
Kilpper v. State, Dep't of Revenue, Child Support Enf't Div., 983 P.2d 729 (Alaska 1999). · cites it 18× “We hold that because AS 25.27.226 entitled Kilpper to a hearing on his claimed defense, the court erred in entering the support judgment.”
State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. Inman v. Dean, 902 P.2d 1321 (Alaska 1995). · cites it 5× “AS 25.27.226 (to collect past-due child support, CSED or custodian of child may file motion requesting establishment of judgment).”
State, Dep't of Revenue, Child Support Enf't Div., Ex Rel. Gerke v. Gerke, 942 P.2d 423 (Alaska 1997). · cites it 8× “1 In July 1994 CSED moved to reduce David’s arrearages to judgment pursuant to AS 25.27.226. 2 The superior court granted CSED’s motion.”
Williams v. Williams, 252 P.3d 998 (Alaska 2011). · cites it 2× “" 50 As a procedural matter, a party seeking to collect past-due child support payments must first reduce the arrears to a judgment in the trial court, under AS 25.27.226. 51 Onee this has occurred, the custodian may begin proceedings to enforce that judgment.”
Heustess v. Kelley-Heustess, 259 P.3d 462 (Alaska 2011). · cites it 2× “226, which provides: To collect the payment due, the custodian of a child, or the agency on behalf of that person, shall file with the court (1) a motion requesting establishment of a judgment; (2) an affidavit that states that one or more payments of support are 30 or more days…”
Carvalho v. Carvalho, 838 P.2d 259 (Alaska 1992). · cites it 2× “A proceeding to collect past due child support is governed by AS 25.27.226 (1991), formerly AS 47.23.226.”
Child Support Enf't Div. of Alaska v. Brenckle, 675 N.E.2d 390 (Mass. 1997). “Alaska law provides that unpaid periodic child support payments are judgments that become vested when each payment becomes due, Alaska Stat. § 25.27.225 (Michie 1996), and further provides for procedures for the collection of the past due payments by obtaining a judgment in the…”
Koss v. Koss, 981 P.2d 106 (Alaska 1999). · cites it 2× “Gerke, Gerke incorrectly argues that “by filing a motion to reduce arrears to judgment under AS 25.27.226, CSED subjected itself to the civil rules for all subsequent proceedings, whether judicial or administrative.”
State, Dep't of Revenue, Child Support Enf't Div. v. Maxwell, 6 P.3d 733 (Alaska 2000). “The custodian of the child, or the agency on behalf of that person, may take legal action under AS 25.27.226 to establish a judgment for support payments ordered by a court of this state that are delinquent.”
State, Dep't of Revenue, Child Support Enf't Div. v. Demers, 915 P.2d 1219 (Alaska 1996). · cites it 2× “The custodian of the child, or the agency on *1221 behalf of that person, may take legal action under AS 25.27.226 to establish a judgment for support payments ordered by a court of this state that are delinquent.”
State, Dep't of Revenue, Child Support Enf't Div. ex rel. Husa v. Schofield, 993 P.2d 405 (Alaska 1999). · cites it 2× “65 in arrears to judgment under AS 25.27.226. David opposed the motion, claiming that he only owed $286.”
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