Legal Question in Family Law in Alaska
I currently have a Child Custody and Support Order in Alaska. My ex (custodial parent) lives in Georgia (moved first) and I live in Texas (moved second). Recently my ex requested a Modification in AK. Long story short the judge issued an order/statement stating he wasn't going to change anything and that we should seek a modification in either GA or TX as neither of us lives in AK anymore. The catch though is that my ex (and the kids) still maintain residency in AK. This is due to the fact that they are in GA under military reassignment (new spouse is military). Their AK residency is reaffirmed by the fact that they still collect yearly AK PFDs (Permanent Fund Dividends which you have to be an AK resident to receive). Under UIFSA laws wouldn't AK still be the exclusive continuing jurisdiction as my ex is an AK resident regardless of the fact that my ex physically lives in GA? If not, then a motion to modify child support would need to be filed in TX instead, correct? NOT GA? For the record I do not consent to jurisdiction switching to GA (if that was going to be a suggestion). I just need to know if "A" that AK should still be the ECJ or if "B" that TX would become the new ECJ. The whole situation is a bit complicated. Furthermore it's my understanding that according to the UIFSA laws the AK judge can't "give up" ECJ if there is a qualified "resident."
1 Answer from Attorneys
It appears that this is a complex issue requiring extensive research and briefing. Who is the judge?
I am an attorney licensed to practice in Alaska and presently living in Florida (The address shown below is to indicate I am an qualified in regard to Alaskan law, however I cannot be contacted at that address.).
If you would like, please send me your modification, your ex-husband's response (if any), and the order denying the motion. I will look at them and briefly give you my thoughts. Let me know if you need my e-mail.
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