Will a Petition for Name Change of a Minor Bring up Past Due Child Support Issues in Alaska?
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Answer:
The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change.
The court must find that the requested name change is proper and not detrimental to the interests of anyone else. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person. For an order of name change to be granted, the court must find that the desired change is proper and not detrimental to the interests of any other person.
The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change.
To determine whether a name change is in a child’s best interests, the court examines several factors, including, among others, the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
It is possible that the issue of paternity will be examined by the court in determining the child's best interests. Typically, child support issues are unrelated to a name change action, but if a determination of paternity is made, it is possible for the court to order back child support. However, a name change order is also possible as part of a paternity action, and if a paternity action is brought, the likelihood of an order for past child support is greater.
