What are the grounds under which a settlement agreement can be invalidated?
There are certain grounds under which a compromise and settlement agreement can be invalidated. If a settlement agreement fails to establish certain elements like offer, acceptance and consideration, it can be invalidated.
How does legal custody work in Alaska?
Legal custody is which parent is responsible for making the major decisions in a child’s life, such as medical decisions, church and school attendance and other important issues. Unless there is a court order stating otherwise, both parents are presumed to have equal rights and access to their children in Alaska.
When is a settlement agreement not the outcome of fraud?
In approving a proposed settlement agreement, a court must determine that the agreement is not the outcome of fraud [i]. Fraud exists if all of the following elements are present: Making untrue representation to deceive the other party and to induce him/her to act upon the same.
How do I get a co-parenting agreement in Alaska?
If you’re not sure how to craft an agreement, Alaska’s court system has a detailed Model Parenting Agreement that covers a wide range of potential co-parenting situations from a child’s birth through teenage years. You can use this as a template or modify it to suit your own situation.
At what age can a child refuse visitation in Alaska?
Though there is no strict age guideline under Alaska law, children are not generally mature enough to make reasoned decisions about which parent to live with until they are teenagers. Even then, a judge will look at the reason the teenager is expressing a preference for one parent over another.
How far behind in child support before a warrant is issued Alaska?
Delinquency Threshold: Arrears in the amount of six months while paying less than 50% of monthly child support obligation every month; or failure to comply with a subpoena or warrant. Reinstatement: Obligor has 30 days to request an administrative review in writing.
What is the legal standard applied in Alaska for modifying a child custody order?
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.
How do I get sole custody in Alaska?
Alaska judges decide custody based on what is in the child's best interest. Alaska courts do not give preference to one parent over the other because of their sex. Instead, the judge must consider all of the following factors when determining custody: the child's physical, emotional, mental, religious, and social needs.
How much is average child support in Alaska?
To calculate child support in a primary custody arrangement, multiply the noncustodial parent's annual net income by 20% for one child, 27% for two children, and 33% for three children. If there are more than three children, add an additional 3% for each additional child.
Does Alaska enforce child support?
In Alaska, the Child Support Services Division (CSSD) of the Alaska State Department of Revenue helps custodial parents establish paternity, establish child support orders, and enforce child support orders.
How do you win a child support modification case?
How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...
What is the number of the Alaska Rule of Civil Procedure to calculate child support?
In Civil Rule 90.3, the Alaska Supreme Court set the guidelines that courts must follow to determine the amount of child support.
How do I file for emergency custody in Alaska?
When the OCS takes emergency protective custody, OCS must file an emergency petition with the court and notify your parents within 24 hours. The court must hold a temporary custody hearing on the emergency petition within 48 hours.
What is considered an unfit parent in Alaska?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Can you go to jail in Alaska for not paying child support?
This will result in a judge holding a hearing to question the other parent as to why they have not been able to pay support. The judge has the same ability to enforce child support orders but additional powers in that if they find the other parent in contempt, they can charge them additional fines or jail time.
How do you get child support arrears dismissed in Alaska?
Alaska. The state offers debt forgiveness for noncustodial parents who have accrued at least $1,500 in state-owed child support arrears and meets other eligibility criteria. If the parent complies with the arrears forgiveness agreement, state-owed debt will be forgiven in stages over a 6-year period.
How much can child support take from your check in Alaska?
40%Is there a limit to withholding? In Alaska, the withholding limit for child support is 40% of net income or 50% if Medical Support is required. Net income is gross wages minus federal income taxes, Social Security, Medicare, and other mandatory deductions.
What happens to child support arrears when custodial parent dies in Alaska?
CS arrears owed to deceased parent are not terminated by death of parent. CS arrears are an asset of brother's estate. Estate administrator may continue to attempt to collect debt.
What if we reach agreement after the case has been going on for a while?
You can reach an agreement any time during the case, even if you started out disagreeing with each other.
How can a settlement conference help reach an agreement?
The judge may or may not be the same judge you will have if you go to trial. The judge's role is to try help you to reach an agreement, not to be a decision-maker. Each side makes offers about what he/she wants and the judge comments on whether it is fair and reasonable. The judge has no official power to make the parties settle at this stage, but usually strongly encourages settlement by critiquing the parties' trial positions. The judge also indicates how a judge would likely rule on disputed issues during the trial. If both parties want a judge to help settle the issues, file a motion asking for a settlement conference:
What is an agreement?
In a civil lawsuit, the document that spells out the terms of an out-of-court agreement that the parties reach. It can also be called a settlement.
What papers can we file if we agree to the end the marriage and we have children?
There are 2 possible sets of papers you can file depending on whether there are any paternity issues in your case.
What do we file if we agree about modifying a final order?
Even if both parents agree on the change, you still need to file something in court. Both parents can file together:
What if we agree on some issues, but not others?
Both parties can write up an agreement on the issues that you agree about. However, figuring out when to file the agreement in court is an important decision to make. Some people file it when they reach agreement and others may choose to wait until their trial or final hearing on the issue. If possible, speak to an attorney about the agreement and its timing. Both parties need to understand how agreeing to each issue affects the other issues in the case. If you agree to something without thinking it through, there can be serious and long standing consequences. Once a judge signs off on your agreement, it will be a binding court order that outlines each parties’ responsibilities and rights in the case.
How can mediation help reach an agreement?
Mediation is an informal, voluntary and confidential way to resolve disagreements without giving the decision-making power to someone else, like a judge . A neutral person, called the mediator, helps people outside the court process to:
How to disclose assets in Alaska?
By law you must disclose all your assets, income, debts and other financial obligations to your spouse by completing a notarized Financial Declaration. This document is used to determine child and spousal support, and how assets should be fairly divided in Alaska.
When responding to a poor settlement, is it wise to respond?
Unless you want to be saddled with a poor settlement, it’s usually wise to respond within the allotted timeframe.
How is Child Support Calculated?
In Alaska, Civil Rule 90.3 lays out the formulas used to calculate child support. Much of this is determined by figuring out the income of each parent. Often times, Alaska’s Child Support Services Division will step in to help ensure support rulings are followed.
What happens when a spouse files a complaint with the court?
In this type of action, one spouse will file a complaint with the court, explaining that their marriage is over. The complaint will also spell out how disputed issues are to be handled.
Why do spouses drag out divorce?
Sometimes, a spouse will drag out a divorce as a form of emotional blackmail, or a bifurcation may be requested for tax purposes . Also, a bifurcated divorce may be sought when an automatic stay is put on the divorce proceedings due to a bankruptcy action.
How long does it take to get divorced in Alaska?
If you or your spouse are in the armed forces, you can get a divorce in Alaska if you have been stationed in-state for at least 30 days prior to filing. In general, active duty military members do have three choices for venue when filing for divorce: The state where the military member is stationed.
How long do you have to live in Alaska to get custody?
To have jurisdiction in Alaska, a child must have lived in the state for at least the previous six months. If this is not the case, you’ll need to file for custody in the state where the children previously lived or wait until six months has elapsed.
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What happens if a settlement agreement fails to establish certain elements like offer, acceptance and consideration?
If a settlement agreement fails to establish certain elements like offer, acceptance and consideration, it can be invalidated. Similarly, a settlement agreement can be invalidated due to: Fraud; Nondisclosure as fraud; Duress; Illegality; Mistake; Undue influence.
What is a mistake in a compromise settlement?
However, a mistake invalidates a compromise settlement if it is based upon the unconscious ignorance of the party. A mistake must be material in order to invalidating a compromise and settlement. In addition to this, it is also considered whether a mistake was mutual or unilateral and whether it was a mistake of fact or of law.
What is an unintentional nondisclosure?
Similarly, an unintentional nondisclosure without an intention to deceive will not constitute fraud.
Why do Alaska courts disfavor non-competition agreements?
Alaska courts generally disfavor non-competition agreements because they tend to restrain trade and place a hardship on former employees’ ability to earn a living. Because of this, the courts scrutinize such agreements carefully taking into account the following factors:
What are some examples of non-compete agreements in Alaska?
Examples of non-compete agreements that Alaska courts have found to be reasonable include: A restriction unlimited in terms of geographic scope and duration against a real estate broker from contacting the former employer’s client list.
What is unenforceable in a court case?
Agreements may be deemed unenforceable if a court finds that they are unreasonable in terms of duration, geographic scope and the type of employment or line of business being restricted. If a court finds an agreement is overbroad, it may modify the agreement so that it is rendered enforceable.
What is enforceable agreement?
Enforceable agreements must strike a balance between protecting the employer’s legitimate business interests from an unfair competitive advantage with the employee’s right to work in a field for which he or she is trained.
What is non-competition agreement?
Non-competition agreements, also known as covenants not to compete or restrictive covenants, are employment contracts used by employers to limit the ability of an employee to compete with the employer by stealing customers or trade secrets. Enforceable agreements must strike a balance between protecting the employer’s legitimate business interests from an unfair competitive advantage with the employee’s right to work in a field for which he or she is trained. In general, courts decide what is considered reasonable or not reasonable by examining the type and size of the business, how long and over what geographic area the restrictions apply and whether adequate consideration, or benefit, was given the employee at the time the agreement was signed.
How do courts decide what is considered reasonable?
In general, courts decide what is considered reasonable or not reasonable by examining the type and size of the business, how long and over what geographic area the restrictions apply and whether adequate consideration, or benefit, was given the employee at the time the agreement was signed.