Fill in a Valid Alaska Dv 101 Template Get My Document Now

Fill in a Valid Alaska Dv 101 Template

The Alaska DV-101 form is a document used in domestic violence cases within the state of Alaska to provide comprehensive information regarding child support. It is designed for individuals seeking or responding to a petition for a long-term protective order, where child support may be an issue. By completing this form, parties are required to furnish detailed income information, disclose any existing child support orders, and outline health care provisions for the children involved, ensuring a thorough review under Civil Rule 90.3 and relevant statutes.

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Overview

Designed to streamline the process of obtaining a domestic violence protective order in Alaska, the DV-101 form plays a crucial role in ensuring the safety and well-being of individuals seeking protection from domestic violence. At its core, the form gathers essential information required for the petitioning and subsequent issuance of a long-term protective order, with a particular focus on child support arrangements, if necessary. It specifically requests detailed income and expense information from both parties involved, a step which aligns with Civil Rule 90.3, to facilitate the court's ability to make informed decisions regarding child support obligations. Further, the form addresses health care provisions for any children involved, including the availability and cost of health insurance, and outlines the need for parties to share out-of-pocket health care expenses. Additionally, the DV-101 form explores the possibility of immediate income withholding to ensure child support payments are consistent and punctual, while also offering alternative arrangements with due consideration to the best interests of the child or children involved. Significantly, the document emphasizes the importance of financial transparency and compliance by requiring parties to attach their most recent tax returns and pay stubs, thereby providing a clear snapshot of their financial landscape. Completing and submitting this form not only facilitates a structured approach to addressing domestic violence scenarios involving children but also emphasizes the Alaska court system's commitment to maintaining the integrity and stability of affected families.

Form Preview Example

IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT

PETITIONER (protected person),

M

Birthdate:

 

 

Petitioner is a child. Who is signing for the child?

Name:Birthdate: Relationship to child:

)

)

F)

)

)

)

)

v.

RESPONDENT (restrained person),

M

Birthdate

 

 

Respondent is a child. Who is signing for the child?

Name:Birthdate: Relationship to child:

)

) Case No.CI

)

F)

)

)

) CHILD SUPPORT INFORMATION

)

)

INSTRUCTIONS. If child support is requested in a petition for a long-term domestic violence protective order, each party must complete one of these information sheets and bring it to the court hearing on the protective order or file it with the court before that hearing. If you need help filling out the form, a court clerk can help you.

Provide information about yourself and, to the extent it is available, about the other party. A court clerk can notarize this document for you at no charge. The information in this form is required by Civil Rule 90.3 and the statutes listed at the bottom of this form. If you want a copy of Civil Rule 90.3, ask the clerk for a copy of the booklet about child support, DR-310. The rule is in the back of the booklet.

Each party must attach a copy of his or her most recent federal tax return and most recent pay stubs to verify income and deductions.

AFFIDAVIT

I swear or affirm under penalty of perjury that the following information is true to the best of my knowledge and belief.

I.Other Child Support Orders

There are no other child support orders currently in effect concerning the children involved in this case.

The following child support order(s) concerning these children is/are still in effect:

Case No.

 

Effective Date:

Page 1 of 4

Civil Rule 90.3

DV-101 (6/11)(cs)

AS 25.27.062(a)

CHILD SUPPORT INFORMATION

AS 25.27.060(c)

II.Income Information. The following income and deductions are

monthly

yearly.

I have attached a copy of my most recent federal tax return and pay stubs to verify this

information. [Note: Delete social security numbers and account numbers from any documents you attach.]

PETITIONER

A.Gross Income (Do not list ATAP or SSI below.) Gross wages

Value of employer-provided housing/food/etc. Unemployment compensation

Permanent fund dividend Other:

TOTAL INCOME

B.Deductions Allowable Under Civil Rule 90.3 Federal, state and local income tax Social security tax or self-employment tax Medicare tax

Employment security tax Mandatory retirement contributions Mandatory union dues

Voluntary retirement contributions if plan earnings are tax-free or tax-deferred, up to 7.5% of gross wages and self-employment income when combined with mandatory contributions

Other mandatory deductions (specify)

Child support/alimony ordered in other cases and currently being paid

Child support for children from prior relationships living with this parent, calculated under Civil Rule 90.3

Work-related child care for children of this marriage

TOTAL DEDUCTIONS

C. Net Income

TOTAL INCOME from section A

TOTAL DEDUCTIONS from section B

Subtract deductions from income to get

NET INCOME

D.Adjusted Annual Income

1.If the above figures are based on monthly information, multiply NET INCOME from section C by 12 to get

ADJUSTED ANNUAL INCOME

2.If the above figures are based on yearly information, repeat the NET INCOME amount from section C to show

ADJUSTED ANNUAL INCOME

Page 2 of 4

DV-101 (6/11)(cs)

CHILD SUPPORT INFORMATION

RESPONDENT

Civil Rule 90.3

AS 25.27.062(a)

AS 25.27.060(c)

III.Health Care Coverage for the Children. A. Health Insurance.

1.Does the petitioner have health insurance available for the child(ren) at reasonable cost through his/her employer, union or otherwise?

Yes

No

If yes, state name and address of employer, union or other

source through which insurance is provided or available.

Name:

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

Cost to petitioner: $

 

 

per

month

 

2.Does the respondent have health insurance available for the child(ren) at reasonable cost through his/her employer, union or otherwise?

Yes

No

If yes, state name and address of employer, union or other

source through which insurance is provided or available.

Name:

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

Cost to respondent: $

 

 

per

month

 

3. Are the children eligible for services through the Indian Health Service?

Yes

No

4. Do the children have other health insurance or care available?

Yes Describe:

No

B.Children’s Health Care Expenses Not Covered By Insurance.

Is there any reason why the court should not require the parties to share equally the cost of reasonable health care expenses not covered by insurance?

IV. Travel Expenses. Travel expenses to exercise visitation should be allocated between the parties as follows:

Page 3 of 4

Civil Rule 90.3

DV-101 (6/11)(cs)

AS 25.27.062(a)

CHILD SUPPORT INFORMATION

AS 25.27.060(c)

V.Immediate Income Withholding.

The Alaska Statutes require that child support be withheld from the income of the person paying support and paid through the Child Support Services Division (CSSD) unless one of the following exceptions is approved by the court:

We have made the following alternative arrangement (Note that if you receive ATAP, CSSD must agree to the arrangement):

Also, the person paying support agrees to keep the other party (or CSSD if CSSD is enforcing the order) informed of his/her current employer and the availability of employment-related health insurance coverage for the child(ren) until the support order is satisfied.

We believe there is good cause not to require immediate income withholding because it is not in the best interests of the child(ren) for the following reason:

Also, the person paying support agrees to keep the other party (or CSSD if CSSD is enforcing the order) informed of his/her current employer and the availability of employment-related health insurance coverage for the child(ren) until the support order is satisfied.

The person paying support currently receives social security or other disability compensation that includes regular payments to the child(ren) at least equal to the child support owed each month. Monthly payment to child(ren): $

Source of payment:

Note: To the extent that these payments to the children do not satisfy the monthly amount owed, the court will order that the remaining amount due be withheld from income.

VI. If you want the assistance of the Child Support Services Division (CSSD) to enforce the support order and keep records of the payments, you must apply for CSSD services. You can get an application from CSSD or you can fill out court form DR-315 (available at the clerk’s office) and mail it to CSSD at 550 West 7th Ave., Suite 310, Anchorage, AK 99501.

 

 

 

 

 

 

Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type or Print Name

Subscribed and sworn to or affirmed before me at

 

 

 

, Alaska

on

 

 

.

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

(SEAL)

 

 

 

 

Clerk of Court, Notary Public or other

 

 

 

 

 

 

person authorized to administer oaths.

 

 

 

 

 

 

My commission expires:

 

Page 4 of 4

Civil Rule 90.3

DV-101 (6/11)(cs)

AS 25.27.062(a)

CHILD SUPPORT INFORMATION

AS 25.27.060(c)

Form Breakdown

Fact Detail
Purpose of DV-101 Form Used in petitioning for a long-term domestic violence protective order with a request for child support in Alaska.
Governing Laws Governed by Civil Rule 90.3, AS 25.27.062(a), and AS 25.27.060(c).
Required Attachments Both parties must attach their most recent federal tax return and pay stubs to verify income and deductions.
Notarization A court clerk can notarize the document at no charge, ensuring its formal acceptance by the court.

Instructions on Writing Alaska Dv 101

Filling out the DV-101 form for child support information in Alaska requires providing detailed and accurate data concerning your financial situation, alongside that of the other party to the extent possible. This form plays a crucial role in determining the child support arrangements in the context of a domestic violence protective order. Before delving into the specifics of filling out the form, gather all necessary documents, including your most recent federal tax return and pay stubs. These documents will back up the information you provide, ensuring accuracy and compliance with Civil Rule 90.3 and Alaska statutes. Here is a simplified guide to help you through the process.

  1. Write your full legal name and birthdate in the designated "PETITIONER" section. If filling out the form for a child, include the child’s name, birthdate, and your relationship to the child.
  2. In the "RESPONDENT" section, enter the full legal name and birthdate of the individual from whom you are requesting child support. If applicable, provide details if the respondent is a child.
  3. Under "CHILD SUPPORT INFORMATION," indicate whether there are any existing child support orders by checking the appropriate box.
  4. For "Income Information," specify whether the figures you are providing are on a monthly or yearly basis. Attach your most recent federal tax return and pay stumps, ensuring to redact social security numbers and account numbers.
  5. Detail your gross income in section II.A. List all sources of income including gross wages, unemployment compensation, and other applicable sources.
  6. Calculate deductions under Civil Rule 90.3 in section II.B. Include federal, state, and local income tax, social security or self-employment tax, and other deductions as listed.
  7. Subtract the total deductions from your total income to find your net income (section II.C).
  8. Convert your net income to an adjusted annual income by following the instructions in section II.D. This requires multiplying the net income by 12 if monthly, or simply repeating the net income for yearly figures.
  9. Respond to questions regarding health care coverage for the children in section III. This includes availability through employers, the cost, and any other health insurance available to the children.
  10. Detail any healthcare expenses not covered by insurance and how travel expenses for visitation should be allocated between the parties.
  11. In section V, specify arrangements for immediate income withholding or provide reasoning for an alternative arrangement or why it’s not required.
  12. If you wish to apply for the services of the Child Support Services Division (CSSD) for enforcement of the support order, acknowledge the necessary application process.
  13. Sign the form and type or print your name, followed by the date. This section will be notarized by a clerk of court or notary public, who will also sign and date the form.

Once completed, ensure to make a copy for your records before submitting the original to the court. Filing this form with the court, alongside the required documentation, is a vital step in formalizing child support arrangements within the framework of a domestic violence protective order. Remember, court staff can offer guidance but cannot provide legal advice. Therefore, it's advisable to consult with a legal professional if you have any concerns or questions during this process.

Common Questions

What is the purpose of the Alaska DV-101 form?

The Alaska DV-101 form serves as an essential document for individuals seeking a long-term domestic violence protective order that includes child support provisions. It requires detailed information about income and deductions of both the petitioner (protected person) and the respondent (restrained person) to aid in the determination of child support obligations in accordance with Civil Rule 90.3 and related statutes. This form ensures that the court has all necessary financial information to make an informed decision regarding child support.

Who needs to complete the Alaska DV-101 form?

Each party involved in a petition for a long-term domestic violence protective order that requests child support must complete the Alaska DV-101 form. This includes providing detailed personal income information and attaching supporting documents such as the most recent federal tax return and pay stubs. If a child is involved, the person signing on behalf of the child must also provide their information. This comprehensive approach ensures fair consideration of child support needs.

How can I get assistance with filling out the Alaska DV-101 form?

If you need help completing the Alaska DV-101 form, a court clerk can provide assistance. They can guide you through the form's sections and explain what information and documents are required. Additionally, court clerks can notarize the document for you free of charge, making the process more convenient and ensuring the form is properly completed and submitted.

What documentation is required to be attached to the Alaska DV-101 form?

When submitting the Alaska DV-101 form, each party must attach a copy of their most recent federal tax return and most recent pay stubs. These documents are needed to verify the income and deductions reported on the form. It is important to remove or delete any sensitive information, such as social security numbers and account numbers, from these documents before attachment to protect personal information.

Common mistakes

  1. Not properly identifying the parties involved: A common mistake is incorrectly filling out the sections for the petitioner (protected person) and respondent (restrained person), especially when it comes to providing the correct birthdates and specifying if a child is involved, which could lead to confusion about who is seeking protection and who is being restrained.

  2. Failing to attach income verification: The form requires attaching the most recent federal tax return and pay stubs to verify income and deductions. Ignoring this step can delay the process because the court lacks essential information to make a decision on child support.

  3. Incorrect calculation of income and deductions: People often make errors in the income information section by either overestimating or underestimating their gross income and allowable deductions. Such mistakes can significantly impact the calculated child support, making it either unfairly high or insufficient.

  4. Omitting other child support orders: Forgetting to mention any other child support orders currently in effect concerning the children involved in this case can lead to an incorrect assessment of financial obligations, potentially resulting in legal complications.

  5. Overlooking healthcare coverage information: Not providing complete details about the health insurance available to the child(ren) through an employer, union, or other means, including the cost and address, can affect the court’s ability to make informed decisions regarding healthcare provisions for the child(ren).

  6. Choosing the wrong withholding option without justification: The form offers choices regarding immediate income withholding for child support. Selecting an alternative arrangement or claiming there is a good cause not to require immediate withholding must be justified appropriately. Blank or unsupported selections may not be accepted, which could complicate or delay enforcement of the support order.

Documents used along the form

When someone in Alaska seeks a restraining order for reasons of domestic violence, they fill out the DV-101 form as a crucial step in this process. However, this form is often just one piece of a larger puzzle. Many other forms and documents may need to be completed or gathered to support the case or proceed with the legal process. Understanding these forms and documents can help ensure a more streamlined and effective handling of the matter.

  • DV-120: Response to Request for Domestic Violence Restraining Order - This form is used by the respondent (the person whom the restraining order is against) to formally reply to the allegations and requests made in the DV-101 form.
  • DV-109: Notice of Court Hearing - This document provides details about when and where the court hearing will take place, ensuring both parties are aware of the opportunity to present their case.
  • DV-130: Child Custody and Visitation Order - In cases where children are involved, this form outlines the custody arrangements and visitation rights decided by the court.
  • DV-200: Proof of Personal Service - This form certifies that the respondent was personally served with the DV-101 form and any accompanying documents, which is a critical step for ensuring the restraining order is legally binding.
  • DR-310: Child Support Guidelines - This booklet contains important information about how child support is calculated in Alaska, referenced in the DV-101 form to help both parties understand potential financial obligations.
  • CIV-106: Request to Waive Filing Fees - If a petitioner cannot afford court fees, this form can request a waiver, making it possible for individuals of all financial backgrounds to seek protection.
  • DR-315: Application for Services of Child Support Services Division (CSSD) - This form allows parties to request assistance from CSSD in enforcing and managing child support orders, ensuring ongoing financial support for children involved.

Gathering and completing these forms and documents can be an overwhelming process, but they are crucial for ensuring the safety and well-being of those involved in domestic violence cases. Each form serves a specific purpose in the legal process, from notifying the respondent and scheduling court hearings to determining child support and ensuring compliance. Understanding the role of each document helps ensure that individuals seeking protection through the Alaska court system are fully prepared for the legal journey ahead.

Similar forms

The Alaska DV-101 form is comparable to a Civil Protection Order (CPO) request found in other states. Both forms aim to protect individuals from domestic violence by restricting the contact a respondent can have with a petitioner. They typically require detailed information about the involved parties, such as names, birthdates, and relationships, and ask for specifics about the nature of the protection needed. These documents become critical in court proceedings for establishing legal parameters around an individual's safety and well-being.

Similarly, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit shares commonalities with the DV-101 form, particularly in its provision for child support information and details about existing child support orders. Both documents necessitate disclosure of income, child care expenses, and health care coverage for children to accurately assess and enforce child support obligations. The primary goal is to ensure that financial responsibilities toward children are clearly defined and met, protecting the children's interests in legal disputes.

The Income Withholding for Support form (IWO) also parallels the DV-101 form in its section about immediate income withholding for child support. Both forms facilitate the enforcement of child support through income withholding, requiring information about the payer’s employment and income sources. They play a pivotal role in guaranteeing that support payments are made consistently, providing financial stability for children involved in domestic violence and custody cases.

The Application for Services through the Child Support Services Division (CSSD) is another document that shares similarities with the DV-101 form, particularly concerning the enforcement of child support orders. Both require detailed personal and financial information to enable CSSD to collect and distribute child support payments. By connecting individuals with CSSD services, these documents help ensure that the child support process is monitored and that payments are made in full and on time, safeguarding the children's financial security.

Dos and Don'ts

When filling out the Alaska DV-101 form, it's important to follow best practices to ensure your documentation is complete and accurate. Here are things you should and shouldn't do:

Do:
  • Provide Accurate Information: Make sure all the information you enter about yourself and, to the extent possible, the other party is accurate and up to date.
  • Remove Sensitive Data from Attachments: If you attach documents such as tax returns or pay stubs, ensure you remove or blackout social security numbers and account numbers for your protection.
  • Notarize the Document if Required: Take advantage of the fact that a court clerk can notarize this document for you at no charge. This step is crucial for the affidavit section.
  • Apply for CSSD Services if Needed: If you want help enforcing the support order and keeping records of payments, don't forget to apply for services from the Child Support Services Division (CSSD).
Don't:
  • Leave Sections Blank: If a section doesn't apply to you, it's better to write "N/A" or "None" instead of leaving it blank. This shows you didn't accidentally skip over the section.
  • Forget to Attach Required Documents: Failing to attach your most recent federal tax return and pay stubs can delay the process. These documents are needed to verify income and deductions.
  • Guess on Dates or Figures: When providing information about child support orders, income, or expenses, avoid guessing. Incorrect information can affect the case's outcome.
  • Ignore Instructions for Health Insurance Coverage: Health care for children is a critical aspect of child support. Make sure to clearly state whether health insurance is available for the child(ren) through you or the other party and detail any related costs.

Misconceptions

Understanding the DV-101 form in Alaska can sometimes be puzzling, leading to common misconceptions. Here are four of those misconceptions debunked.

  • Misconception 1: The DV-101 form is only for the establishment of child support.
  • While it's true that the DV-101 form includes sections for detailed child support information, its primary use is in the context of obtaining a long-term domestic violence protective order. The inclusion of child support information is crucial when such an order involves provisions for the care and financial support of children.

  • Misconception 2: Completing the DV-101 form means your child support is automatically calculated and enforced.
  • Completion and submission of the DV-101 form are initial steps in the process. The court must review the information provided and make a formal order regarding child support. Additionally, for enforcement, the details need to be passed on to the Child Support Services Division (CSSD) unless an alternative arrangement is approved by the court. Simply filling out the form does not activate automatic calculation or enforcement of child support.

  • Misconception 3: You need an attorney to complete the DV-101 form.
  • It's understandable to assume that legal documents require attorney involvement. However, the DV-101 form is designed to be filled out by the individuals involved. Instructions are included with the form, and court clerks can offer assistance in filling it out. While having an attorney can be beneficial, especially in complicated cases, it is not a requirement for completing the form.

  • Misconception 4: The DV-101 form only applies to parents.
  • The form is indeed centered around child support and the well-being of children within the context of domestic violence protective orders. However, it also requires information about the health insurance and health care expenses of the children, which can involve detailed information from both parents. Furthermore, if the respondent or petitioner is a minor, the form accommodates this by asking for the signature and information of an adult signatory, thereby extending its relevance beyond just the parents.

Clearing up these misconceptions is vital for accurately understanding and effectively utilizing the DV-101 form in Alaska, ensuring those seeking protective orders and child support can do so with clarity and confidence.

Key takeaways

When filling out the Alaska DV-101 form for child support information, it is essential to provide detailed and accurate information about your financial situation. This includes your income, deductions, and any child support orders currently in effect. Attach your most recent federal tax return and pay stubs to substantiate your reported income and deductions, ensuring personal information like social security and account numbers are removed.

Healthcare coverage for the children involved is a critical section of the Alaska DV-101 form. You must indicate whether health insurance is available for the children at a reasonable cost through your employer, union, or other sources. Additionally, any health care expenses not covered by insurance should be disclosed, along with any travel expenses related to visitation, to determine how these costs will be shared or allocated between parties.

The Alaska Statutes require child support to be withheld from the paying parent's income and managed through the Child Support Services Division (CSSD) unless an alternative arrangement is approved by the court. It's crucial to provide details about any agreed alternative arrangements or justify why immediate income withholding is not in the best interests of the involved children. Be sure to include any necessary information about direct payments to children from social security or other disability compensation, if applicable.

To ensure the enforcement and accurate record-keeping of the support order, parties interested in CSSD's assistance must apply for their services. This can be done by obtaining an application directly from CSSD or by completing and mailing court form DR-315 to CSSD. This step is vital for parents seeking formal assistance with the enforcement of child support orders.

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