How Much Does It Cost to Modify Custody
Modifying Child Custody or Child Support Order
NOTICE: There is a $75 filing fee for Motions to Modify
READ THIS IF YOU HAVE KIDS!
A history of domestic violence between you and the other parent can affect the custody or visitation arrangement for your children. The law presumes that the parent who committed the domestic violence might not get custody and visitation unless he or she meets certain requirements. These may include completing a batterer's intervention or substance abuse treatment program. To find domestic violence, the law does not require the existence of a protective order or criminal charges. The divorce or custody judge may ask about domestic violence. If there has been domestic violence, you should talk with a lawyer about how this law will impact your case.
What is a Motion to Modify?
A request to the court to change an existing court order because of a change in circumstances. There is a $75 filing fee for Motions to Modify.
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How much does it cost to file a Motion to Modify?
It costs $75 to file a Motion to Modify Child Custody, Visitation or Support or Spousal Maintenance or Property Division. The motion to modify paperwork will not go to the judge until you have either paid the filing fee or been granted a fee waiver if you are low income.
If you are modifying a registered out-of-state order within 30 days of the registration confirmation date, there is no filing fee. After 30 days, you need to pay the $75 fee.
It is FREE to file an uncontested motion to modify when the parents agree on the change.
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What can I modify?
- Property and debt division from a divorce or dissolution: very rarely
- Spousal support: possibly
- Child custody and support: if there is a change in circumstances
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What change in circumstances are needed to modify custody and support?
For custody, a change in circumstances means something has happened so that the old parenting plan is no longer in the child(ren)'s best interests. Examples include:
- the original plan was for an infant and now the child is 5 years old and will start kindergarten so the old schedule of 10 am exchanges does not work
- one parent is moving out of state so the existing schedule of week on / week off is impossible
- the parent whom the children were living with four days a week went to jail so the existing schedule is impossible
- an act of domestic violence between the parents when returning the children.
For child support, there needs to be:
- a 15% change in the amount of child support ordered (this means that when you calculate support based on the parents' current income now, it is 15% more or less than the current support order), or
- a change in the parenting plan from primary custody to shared custody or vice versa that affects the child support formula. You may find the FAQs on Child Support helpful to decide whether to file a motion to modify child support.
The Alaska Supreme Court has issued many decisions about what types of circumstances amount to a change of circumstances allowing a modification.
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How do I find out if the other parents income has changed?
- Once a year you can ask the other parent in writing to provide documents such as tax returns and pay stubs showing their income for the prior calendar year. Attach documentation of your annual income for the same period that you are asking for their income information.
- Do NOT file the written request in court. It is just between the parties.
- Within 30 days of the written request, the other parent must provide the documents to you.
- You can only request the other parent's income information once a year. However, within a court case you can request this information through the discovery process.
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Can child support be retroactively modified?
No. Generally, you will always owe child support according to the most recent court order, or administrative order if you do not have any court orders. Therefore, if there has been a 15% change in your income or the parenting plan has changed in a way that affects the child support, you must file a motion to change the child support. Otherwise, you'll just keep owing under the existing order. However, this is a dynamic area of law and you should consult with an attorney to find out whether there are any legal strategies that might be helpful to you.
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Can you get support for an 18 year-old-child still at home and in high school?
Yes, as long as all of the conditions are met. Please read the Instructions, DR-323 
for more information about the conditions and forms.
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What is the difference between a Motion to Modify and an appeal?
A Motion to Modify is a request to the trial court or administrative agency to change an existing order because of a change in circumstances. The trial court or agency will consider new evidence as it relates to the change of circumstances. In the family law context, Motions to Modify Custody or Support can be filed anytime before the child(ren) turn eighteen.
An appeal in this context is a review by the Alaska Supreme Court of the final judgment or decree issued by the trial court of the agency. An appeal is not a new trial, and no new evidence will be accepted. Also, appeals occur shortly after the final judgment or decree is issued. In fact, the rules require that you must file a Notice of Appeal within 15 or 30 days depending on the type of case being appealed. Please see the appeals page for more information.
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What forms can I use to file a Motion to Modify?
There are 2 options for paperwork that you can file. They both work, but the first gives you the opportunity to provide more specific information about the reason to modify:
- Motion to Modify Custody, Visitation & Support Packet, SHC-PAC12
OR
- Motion to Modify Packet, DR-700
- Order Modifying Child Support, DR-301 [Fill-In PDF] (if you are asking to modify child support fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN)
- pick one of the following if you are asking to modify custody and visitation and fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN:
- Custody Order (1 page), SHC-1103 Word | PDF OR
- Post-Judgment Order for Modification of Custody and Visitation (4 pages), SHC-1124 Word | PDF
There is a $75 filing fee for Motions to Modify.
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What forms can I use to respond to a Motion to Modify?
If you have been served with a Motion to Modify, you may use the following packet to respond:
- Response to Motion to Modify Packet, DR-720
What if we agree on the modification?
Even if both parents agree on the change, you still need to file something in court. Both parents can file together:
- Uncontested Motion to Modify Custody, Visitation and Child Support Packet, SHC-PAC11
It is FREE to file an uncontested motion to modify when the parents agree on the change. When the parents do not agree, it costs $75 to file a request to modify.
Read the Uncontested Matters, Agreements and Settlement section to learn more.
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What forms are always required with a post-judgment motion?
With any motion filed after you have received a final judgment in a divorce or custody case, include:
- a Notice of Motion, SHC-1630 Word | PDF
Note: the Motion to Modify packet, DR 700, includes a form Notice of Motion to Change Custody, Support or Visitation, DR-710, which serves the same purpose. If you are filing the DR-710, you do not need to also file the SHC-1630.
If both parents are filing together an Uncontested Motion to Modify, SHC-PAC11, you do not need to file a Notice of Motion.
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Are there any special service requirements?
The method you use to serve depends on what court order you want to modify.
Motion to Modify from Alaska Court Orders
If you are filing a motion to modify custody or support from an order issued by an Alaska court, you serve the opposing party by first class US mail or hand delivery. Please read the information about serving the opposing party.
Motion to Modify from Registered Foreign Orders
If you are filing a motion to modify custody or support from an order that has been registered in the Alaska court because the original decision was issued by a court outside Alaska, there are different requirements to serve motions to modify registered orders.
To modify a registered child support order, send a copy of the modification papers to the other party by regular first class mail.
To modify a registered child custody order, send a copy of the modification papers to the other party by:
- certified mail/restricted delivery/return receipt , or
- hiring a process server.
To modify both a registered child support order and a registered child custody order, send a copy of the modification papers to the other party by:
- certified mail/restricted delivery/return receipt , or
- hiring a process server.
Please read the information about serving the opposing party.
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What about modifying an order from the state I used to live in?
You can only modify an out-of-state custody order in the Alaska court if the Alaska court has jurisdiction over the child(ren). The general rule is that the child has to have lived in Alaska for at least the last six months before the Alaska court has the power to make decisions about child custody and visitation. However, jurisdiction can be very complicated so if you have any questions about where to file your motion to modify, you are strongly urged to talk to a lawyer.
If Alaska has jurisdiction to modify the order:
If Alaska has jurisdiction to modify the child custody order, you need to register the out-of-state order in the Alaska court as a foreign order before modifying it. This is necessary so the Alaska court will recognize the foreign order as valid. After the order is registered in Alaska, you can file a motion to modify.
There is no fee to file a motion to modify a registered support or custody order if you file within 30 days of the registration confirmation date. After 30 days, there is a $75 filing fee for motions to modify.
There are different requirements to serve a motion to modify a registered order depending on if it is a registered child support or custody order.
To modify a registered child support order, send a copy to the other party by regular first class mail.
To modify a registered child custody order, send a copy to the other party by:
- certified mail/restricted delivery/return receipt , or
- hiring a process server.
To modify both a registered child support order and a registered child custody order, send a copy of the modification papers to the other party by:
- certified mail/restricted delivery/return receipt , or
- hiring a process server.
Please read the information about serving the opposing party.
If CSSD is collecting support:
If you are filing a motion to modify child custody and child support in court and the Child Support Services Division (CSSD) is collecting the support, you also need to also serve the Attorney General's Office who are the attorneys for CSSD. Look at your CSSD case number to determine which office is handling your case:
| Case No. | Attorney General's Address |
|---|---|
| Case numbers that begin with a 1, 2 or 3 go to: Example: 1JU-05-8888, , 2BE-05-8888, or 3AN-05-8888 | Attorney General's Office Collections and Support Section 1031 West Fourth Ave., Ste 200 Anchorage, AK 99501 |
| Case numbers that begin with a 4 go to: Example: 4FA-05-8888 | Attorney General's Office Collections and Support Section 100 Cushman St., Ste. 400 Fairbanks, AK 99701 |
If Alaska does NOT have jurisdiction to modify the order:
In general, if Alaska does not have jurisdiction over the children, you cannot modify your foreign custody order in the Alaska court. In that situation, you will have to return to the original state or perhaps go to an entirely new state to modify. Because there are exceptions and this is a very complicated area of law, you should talk to a lawyer to figure out where to file your motion to modify.
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| Rev. 8 May 2018 © Alaska Court System www.courts.alaska.gov | You'll need to download a free copy of Adobe Acrobat Reader in order to view and print documents with this symbol. If you are using a screen reader, get support and information at the Adobe Access website. |
How Much Does It Cost to Modify Custody
Source: https://courts.alaska.gov/shc/family/shcmodify.htm