Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 10 - Miscellaneous Provisions › 15 AAC 125.845 - Cultural adoptions

Current through May 31, 2024
(a) If a matter involves an Indian child or
				children covered by a cultural adoption resolution, the agency will recognize
				the cultural adoption resolution issued by the governing body of the Indian
				child's tribe, as that term is defined in
				25 U.S.C.
				1903(5). The effective date
				of the cultural adoption is the date on which the Bureau of Vital Statistics
				issues a new birth certificate under
				7 AAC 05.700(b) based on the cultural
				adoption.
(b) Upon receipt of a new
				birth certificate issued by the Bureau of Vital Statistics based on a cultural
				adoption, the agency will suspend the obligor's ongoing monthly support
				obligation for the child or children covered by the cultural adoption and will
				eliminate from its accounting any arrears that accrued against the obligor
				under the suspended ongoing monthly support obligation on or after the
				effective date of the cultural adoption. The agency will continue to enforce
				collection of the child support arrears that accrued against the obligor under
				the suspended ongoing monthly support order before the effective date of the
				cultural adoption.
(c) If, as a
				result of the cultural adoption, the agency has collected support in excess of
				the amount that accrued before the effective date of the cultural adoption, the
				agency will first determine whether the obligor owes support for a child or
				children other than the child or children covered by the cultural adoption and
				will then determine whether a refund is appropriate as follows:
(1) if the agency determines that the obligor
				owes support for a child or children other than the child or children covered
				by the cultural adoption and the excess support collected by the agency was
				retained by the state as reimbursement for public assistance paid on behalf of
				the child or children covered by the cultural adoption, the agency will apply
				any support that has been collected by the agency that is in excess of the
				amount owed for a child or children covered by the cultural adoption to any
				amounts owed to the state as reimbursement for public assistance paid on behalf
				of the other child or children before repaying any money received as payment of
				child support to the obligor;
(2)
				if the agency determines that the obligor owes support for a child or children
				other than the child or children covered by the cultural adoption and the
				support for the other child or children is owed to the same person to whom the
				excess support was paid, the agency will apply any support that has been
				collected by the agency in excess of the amount owed for a child or children
				covered by the cultural adoption to any amounts owed on behalf of the other
				child or children before repaying any money received as payment of child
				support to the obligor;
(3) if the
				agency determines that the obligor owes support for a child or children other
				than the child or children covered by the cultural adoption and the support has
				not yet been disbursed by the agency, the agency will apply the excess support
				that has been collected but not yet been disbursed by the agency to any amounts
				owed on behalf of the other child or children before repaying any money
				received as payment of child support to the obligor.