reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 1 - Calculation of Child Support Awards in Administrative Establishment or Review Proceedings › 15 AAC 125.070 - Calculation of support award

Current through May 31, 2024
(a) If one parent
				has primary custody of the child or children, as defined by Alaska Rule of
				Civil Procedure 90.3(f)(2), the agency will calculate the child support award
				by multiplying the adjusted annual income determined under
				15 AAC 125.065 by the appropriate
				percentage under Alaska Rule of Civil Procedure 90.3(a).
(b) If the parents have shared custody of the
				child or children, as defined by Alaska Rule of Civil Procedure 90.3(f)(1), the
				agency will calculate the child support award by applying the formula set out
				in Alaska Rule of Civil Procedure 90.3(b) to the adjusted annual income of each
				parent, as determined under
				15 AAC 125.065.
(c) If the parents have divided custody of
				the children, as defined by Alaska Rule of Civil Procedure 90.3(f)(3), or
				hybrid custody, as defined by Alaska Rule of Civil Procedure 90.3(f)(4), the
				agency will calculate the child support award by applying the formula set out
				in Alaska Rule of Civil Procedure 90.3(b) based on the adjusted annual income
				of each parent and the amount of time all of the children will spend with each
				parent. The agency will then consider whether that support amount should be
				varied under
				15 AAC 125.075 because of the
				divided or hybrid custody arrangement.
(d) In determining whether there is primary,
				shared, divided, or hybrid custody, the agency will follow the current custody
				order, if a custody order is in effect. If a custody order is not in effect,
				the agency will base the support calculation on the actual custody arrangement.
				The agency may require the parents to provide proof of the actual custody
				arrangement. As proof the parents may include school records, sworn statements
				from neighbors or other persons with knowledge of the child's residence, and
				any other reliable evidence of the child's residence. If a parent is receiving
				assistance through AS 47.27 (Alaska Temporary Assistance Program (ATAP)) on
				behalf of a child, the agency will presume that the parent has primary custody
				of the child unless the parent disputing the presumption of primary custody
				provides proof to establish, by a preponderance of the evidence, that a
				different custody arrangement exists.
Authority:
AS
					 25.27.020
AS 25.27.140
AS 25.27.160
AS 25.27.170
AS
					 25.27.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 1 - Calculation of Child Support Awards in Administrative Establishment or Review Proceedings › 15 AAC 125.075 - Variances and exceptions

Current through May 31, 2024
(a) At the request
				of a parent, the agency may, for good cause, vary a child support award
				calculated under
				15 AAC 125.070 if the parent provides to the agency clear and
				convincing evidence that
(1) repealed
				4/15/2005;
(2) manifest injustice
				will result unless the child support award under
				15 AAC 125.070 is varied because of unusual circumstances;
				for purposes of this paragraph, unusual circumstances may include:
(A) especially large family size;
(B) significant income of a child;
(C) divided custody under which one parent
				has primary custody of one or more children of the relationship and the other
				parent has primary custody of one or more other children of the
				relationship;
(D) health or other
				extraordinary expenses;
(E)
				unusually low expenses;
(F) the
				existence of subsequent children of the obligor parent, but only if failure to
				vary the child support award under
				15 AAC 125.070 would cause substantial hardship to the
				subsequent children;
(G) a
				consideration of the incomes of both parents; or
(H) in a modification action, the fact that
				the obligor parent has taken a second job in order to better provide for a
				subsequent family; or
(3) the parent has an adjusted annual income
				that is more than $126,000, as calculated under
				15 AAC 125.065; if a parent qualifies for a variance under
				this paragraph, the agency will base the support award on an adjusted annual
				income of $126,000; the agency will make an additional award under this
				paragraph if the agency determines that an additional award is just and proper,
				taking into account the needs of the children, the standard of living of the
				children, and the extent to which that standard should be reflective of the
				parent's ability to pay.
(4)
				repealed 8/4/2005.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 1 - Calculation of Child Support Awards in Administrative Establishment or Review Proceedings › 15 AAC 125.080 - Determining manifest injustice

Current through May 31, 2024
For purposes of
				  15 AAC 125.075, a support award
				  determined under the provisions of Alaska Rule of Civil Procedure 90.3(a) or
				  (b) is manifestly unjust if the agency determines that a reasonable person
				  would be convinced that the award is either unjustly large or unjustly small
				  after carefully evaluating the award amount with reference to the
				  considerations set out in the Commentary to Alaska Rule of Civil Procedure 90.3
				  and 15 AAC 125.075(a)(2) and (b).
Authority:
AS
					 25.27.020(a)
AS 25.27.140
AS 25.27.160
AS 25.27.170
AS
					 25.27.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 1 - Calculation of Child Support Awards in Administrative Establishment or Review Proceedings › 15 AAC 125.085 - Medical support

Current through May 31, 2024
(a) If the agency establishes or modifies a
				support order administratively, the agency will require health care coverage
				for the children covered by the support order if health care coverage is
				available to either parent at a reasonable cost, as defined in
				45 C.F.R.
				303.31. The agency will include in the
				support order a provision allowing a credit or debit for one-half of the cost
				of the health care coverage depending on which parent purchases the coverage,
				unless the agency finds good cause to order a credit or debit in a different
				amount.
(b) When the agency is
				enforcing a child support order issued by a tribunal other than the agency, the
				agency will seek a modification
(1) through
				the appropriate legal process to add a provision requiring health care coverage
				for the children covered by the support order if the order does not already
				include a health care coverage provision, and allowing a credit or debit for
				one-half of the cost of the health care coverage depending on which parent
				purchasers the coverage, unless good cause exists to request a credit or debit
				in a different amount; or
(2) of
				the order's existing health care coverage provision if the provision does not
				comply with state or federal law.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 1 - Calculation of Child Support Awards in Administrative Establishment or Review Proceedings › 15 AAC 125.090 - Written findings

Current through May 31, 2024
(a) In any matter in which the agency has
				established or modified a child support order, the agency will make specific
				written findings concerning a decision on each of the following issues:
(1) a parent's total income from all
				sources;
(2) the existence of
				voluntary unemployment or underemployment;
(3) a parent's potential income;
(4) a support award;
(5) the existence or absence of good cause to
				vary a child support obligation under the provisions of
				15 AAC 125.075; and
(6) the availability of health insurance and
				a parent's obligation to provide that insurance.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.100 - Notice and finding of financial responsibility; establishment of support obligation

Current through May 31, 2024
(a) Before initiating an administrative
				action to establish a support order, the agency will send by first-class mail
				or by electronic means to the noncustodial parent and to the custodial parent
				or, if appropriate, to a child support enforcement agency of another state, a
				request for financial and medical information as provided in
				15 AAC 125.040.
(b) Upon receipt of the information required
				by 15 AAC 125.040 or upon the
				expiration of the period in which the parents are required to provide the
				information, the agency may initiate an action to establish a support order by
				serving a notice and finding of financial responsibility on the noncustodial
				parent as required by
				AS
				25.27.160. The agency will also send a copy
				of the notice and finding of financial responsibility to the custodial parent
				or legal custodian of the children for whom support is sought and, if
				appropriate, to a child support enforcement agency of another state.
(c) The agency's notice and finding of
				financial responsibility establishes an ongoing support obligation owed by the
				noncustodial parent. The ongoing support obligation is effective as of the
				first day of the month following service on the noncustodial parent of the
				notice and finding of financial responsibility, a notice of paternity and
				financial responsibility, or a paternity complaint, whichever is the
				earliest.
Authority:
AS
					 25.27.020
AS 25.27.160
AS
					 25.27.170
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.118 - Administrative review of notice and finding of financial responsibility

Current through May 31, 2024
(a) A
				person served with a notice and finding of financial responsibility or with a
				copy of a notice and finding of financial responsibility setting a support
				obligation may request an administrative review of the notice and finding. The
				person making the request shall make it in writing, and shall send the request
				to the agency by certified mail, return receipt requested. The request must be
				postmarked or received by the agency within 30 days after service of the notice
				and finding of financial responsibility. The request must state the specific
				reasons for the request for administrative review and be accompanied by the
				documentation upon which the person requesting the administrative review
				intends to rely. If a request for administrative review does not fully comply
				with the requirements of this subsection, the agency may return the request
				unprocessed or accept a request for administrative review that substantially
				complies with the requirements of this subsection.
(b) Upon acceptance of a written request for
				administrative review, the agency will promptly notify the nonrequesting party
				of the request and provide the nonrequesting party a copy of the request and
				documentation. The nonrequesting party may respond to the reasons asserted by
				the requesting party, and shall respond in writing within 15 days after notice
				of the request for administrative review is mailed to the nonrequesting
				party.
(c) An agency employee,
				referred to as the review officer, may conduct the administrative review by
				correspondence, by telephone, or in person. During an administrative review,
				the review officer may relax the requirements of the Alaska Rules of Evidence.
				The review officer may accept any relevant evidence that appears to be
				reasonably accurate. Upon request, the review officer will make available to
				either party to an administrative review the relevant, non-privileged portion
				of the agency's file relating to the support obligation for which review has
				been sought. The review officer may
(1)
				request additional information from either party, to the extent the review
				officer considers the information necessary to the review; and
(2) conduct additional investigation using
				the agency's administrative subpoena power or other investigative action, to
				the extent the review officer considers the information to be obtained from the
				additional investigation to be necessary to the review.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.121 - Vacating administrative support order based on a default income figure

Current through May 31, 2024
(a) Upon
				request from an obligor, the agency will vacate an administrative support order
				if the support order was based on a default income figure and the agency
				determines that the default income figure is not an accurate reflection of the
				obligor's income for purposes of calculating the obligor's child support
				obligation.
(b) An obligor may
				request relief under this section by sending a written request to the agency.
				The request must be accompanied by the financial information required under
				15 AAC 125.040(b)
				for each year for which relief is sought.
(c) If the obligor does not provide
				sufficient information as required in (b) of this section, the agency will
				notify the obligor that the information provided is insufficient and will state
				the additional information that the agency needs in order to review the
				obligor's request for relief under this section. If the obligor fails to
				provide the additional information, the agency will
(1) cease further action on the obligor's
				request for relief; or
(2) review
				and take action upon the obligor's request for relief if the agency can obtain
				sufficient actual income information for the obligor from other sources,
				including the Department of Labor and Workforce Development.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.125 - Request for relief from agency administrative orders after the appeal deadline

Current through May 31, 2024
(a) A party to an administrative order, or
				the agency on its own initiative, may file with the director a written request
				for relief from the order after the deadline set out in
				15 AAC 125.118 for filing an
				appeal. The request must state one or more of the specific grounds for relief
				listed in (b) of this section and explain why relief is justified.
(b) The director will grant relief under this
				section from an administrative order if the party demonstrates, to the
				director's satisfaction,
(1) mistake,
				inadvertence, or excusable neglect;
(2) newly discovered evidence that by due
				diligence could not have been discovered before issuance of the
				order;
(3) fraud,
				misrepresentation, or other misconduct of an adverse party;
(4) that the order is void; or
(5) that the order, if the order is an
				administrative support order, has been satisfied, released, or discharged, or
				that a prior paternity judgment upon which that support order was based has
				been reversed or otherwise vacated, so that prospective application of the
				support order is no longer equitable.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.160 - Definitions (Relocated)

Current through May 31, 2024
Relocated.
Publisher's note:
As of Register 119 (October
				  1991), 15 AAC 147.900, referred to in the editor's note, above, has been
				  relocated to
				  15 AAC 125.900. This regulation,
				  15 AAC 125.160, was, prior to
				  Register 119, numbered 15 AAC 147.160.
As of Register 81 (April 1982), 15 AAC 147.160 has been
					 relocated to 15 AAC 147.900.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.190 - Medical support (Relocated)

Current through May 31, 2024
Relocated.
Publisher's note:
Prior to 1/91, the regulation
				  now numbered
				  15 AAC 125.011 was located at 15
				  AAC 147.190. That regulation was relocated to 15 AAC 147.011 as of
				  1/91.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.212 - Failure to respond to notice in paternity establishment cases

Current through May 31, 2024
(a) Except as
				provided in (b) and (c) of this section, if the agency serves a putative father
				with a notice of paternity and financial responsibility under
				AS
				25.27.165(b) and the
				putative father fails to file the response required by
				AS
				25.27.165(c), the agency
				will consider the failure to be an admission of paternity and will issue a
				decision establishing the putative father's paternity.
(b) If the agency determines that a putative
				father who fails to file the response required by
				AS
				25.27.165(c) is an
				unemancipated minor or incompetent person, the agency will terminate the
				administrative establishment of paternity proceeding without making a
				determination of paternity and may bring the paternity proceeding in court. In
				this subsection, "incompetent person" means a person who is mentally or
				physically incapable of effectively responding to and participating in an
				administrative matter such as a paternity establishment matter.
(c) If more than one putative father is named
				in an application submitted under
				15 AAC 125.216, the agency will
				not issue a decision establishing a putative father's paternity on the basis of
				failure to file a response under (a) of this section unless the agency has
				issued a decision of nonpaternity under
				15 AAC 125.218(e)
				or 15 AAC 125.222 with regard to all
				other putative fathers named in the application.
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.165
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.216 - Application for determination of paternity

Current through May 31, 2024
(a) When presented
				with a written application for the determination of paternity of a minor child
				born out of wedlock under
				AS
				25.27.165 from a child's mother, custodian,
				putative father, legal custodian, or agency representative, or the
				representative of a child support enforcement agency of another state, the
				agency shall initiate an administrative proceeding to determine paternity under
				AS
				25.27.165. The application for the
				determination of paternity must contain the following information, to the
				extent the information is available to the person applying for the
				determination:
(1) a copy of the birth
				certificate for each child for whom paternity is sought to be
				established;
(2) the name of the
				alleged father and any other information or vital statistics that may aid the
				agency in identifying the alleged father;
(3) the location of the alleged father and
				any other information that may lead to the location of the alleged
				father;
(4) the name of any person
				who had the legal status of the father of the child for whom paternity is
				sought to be established as a result of the person's marriage to the child's
				mother or the legitimation of the child under
				AS
				25.20.050 and copies of any orders excluding
				that person as the child's biological father;
(5) copies of any orders previously issued
				concerning the support or custody of the child for whom paternity is sought to
				be established.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.217 - Notice of paternity and financial responsibility

Current through May 31, 2024
(a) After receiving
				a written application for paternity determination under
				15 AAC 125.216(a), unless the application is
				denied under
				15 AAC 125.216(b), the agency will serve the
				child's mother, the child's legal guardian if not the mother, and the child's
				putative father, as appropriate, with a notice of paternity and financial
				responsibility. The agency will serve the notice in the manner and in the form
				required by
				AS
				25.27.165(b).
(b) A person served with a notice of
				paternity and financial responsibility under (a) of this section shall file a
				response with the agency within 30 days after the date of service. The response
				must either admit or deny paternity and provide the required financial and
				medical insurance information in the form required by
				15 AAC 125.040(b) and (c).
(c) If the putative father timely files a
				written admission of paternity, the agency will issue a decision establishing
				paternity unless
(1) the putative father was
				the individual who filed the application for paternity determination;
				or
(2) the agency, a child support
				enforcement agency of another state, or a party requests genetic testing and
				supports the request with an affidavit meeting the requirements of
				AS
				25.20.050(e).
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.218 - Reasons for agency to vacate genetic testing order in paternity establishment proceeding

Current through May 31, 2024
(a) A party's request under
				15 AAC 125.217(e)
				for the agency to vacate the genetic testing order must be in writing and state
				in detail why one or more of the reasons in (c) of this section apply to
				support the request.
(b) If a party
				submits a request under (a) of this section, the agency will send the parties,
				by first class mail, a notice of administrative review. In its notice, the
				agency will inform the parties about the deadlines to submit evidence or
				argument under this subsection. If a party wishes to submit evidence or
				argument for the agency to consider, the party shall submit the evidence or
				argument to the agency within 30 days after the date the agency mailed the
				notice to the party. The agency shall provide copies of evidence or argument
				submitted by a party to all other parties. A party may respond to another
				party's evidence or argument within 10 days after the date the agency mails the
				evidence or argument to the party. After the deadline for the parties'
				responses has passed, the agency will review the evidence and issue a decision
				under (d) or (e) of this section.
(c) The agency will vacate the genetic
				testing order if the agency finds that
(1) at
				least one of the following circumstances exists:
(A) one or more of the conditions of
				AS
				25.27.040(b) are
				met;
(B) the cooperation of the
				child's custodian in the establishment of paternity is reasonably likely to
				result in physical or emotional harm to the child or to the child's
				custodian;
(C) the child's
				custodian is being assisted by a public agency, or by a child placement agency,
				licensed under AS 47.35 or under similar law of the state where the agency is
				located, to resolve the issue of whether to keep the child or relinquish the
				child for adoption;
(D) evidence
				indicates the possibility of paternity by estoppel; or
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.222 - Genetic testing in conjunction with the determination of paternity

Current through May 31, 2024
(a) Upon
				receipt of the results of the genetic test required by
				AS
				25.27.165, the agency will serve by first
				class mail a copy of the results on the putative father, the mother, and the
				child's legal custodian if the child's legal custodian is not the child's
				mother or putative father. With the test results, the agency will send the
				parties a notice of the date for an administrative review and the deadline for
				submission of evidence or argument under this subsection. The parties may
				submit evidence or argument concerning the determination of paternity within 10
				days after the date the agency mailed the notice to the parties.
(b) If the test results received under (a) of
				this section establish a presumption of parentage under the standard set in
				AS
				25.20.050(d), and unless the
				agency orders additional genetic testing under (d) of this section, the agency
				will issue an administrative review decision that finds that the putative
				father is the child's father. The agency will issue the administrative review
				decision within 20 days after the agency's receipt of the test
				results.
(c) If the test results
				received under (a) of this section do not establish a presumption of parentage
				under the standard set in
				AS
				25.20.050(d), the agency
				will issue an administrative review decision that finds nonpaternity. The
				agency will issue the administrative review decision within 20 days after the
				agency's receipt of the test results, unless the agency orders additional
				genetic testing under (d) of this section.
(d) A party may request, in writing, a second
				genetic test within 10 days after the genetic test results are mailed to the
				parties under (a) of this section. If the agency receives a timely request and
				advance payment of all costs of a second genetic test from a party, the agency
				will order a second genetic test. The agency will provide to the parties copies
				of the results obtained under this subsection and a notice of the deadline for
				submission of additional evidence or argument under this subsection. The
				parties may submit additional evidence or argument concerning the determination
				of paternity within 10 days after the test results are mailed to the parties.
				If a second genetic test is requested under this subsection, the agency will
				issue an administrative review decision under (b) or (c) of this section within
				20 days after the agency's receipt of the second genetic test
				results.
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.165
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.232 - Disestablishment of paternity

Current through May 31, 2024
(a) The agency will
				undertake the disestablishment of paternity under
				AS
				25.27.166 only if
(1) paternity has not already been
				established in the manner described in
				AS
				25.27.166(a)(1)-(2) or by
				the order of another state that is entitled to full faith and credit under
				AS
				25.20.050(h);
(2) each party other than the petitioner
				resides in this state; however, if the agency established paternity under
				AS
				25.27.165, a party need not reside in this
				state; and
(3) the child whose
				paternity the petitioner seeks to disestablish was born in this
				state.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.236 - Procedures to initiate disestablishment of paternity

Current through May 31, 2024
(a) To
				disestablish paternity under
				AS
				25.27.166, the petitioner shall submit to the
				agency a petition to disestablish paternity on forms provided by the agency.
				The petition to disestablish paternity must be accompanied by an affidavit that
				meets the requirements of (c) of this section and the information required by
				(e) of this section. The petitioner shall supply the last known addresses and
				social security numbers of the other parties to the paternity disestablishment
				proceeding, to the extent that information is available to the
				petitioner.
(b) The agency will
				serve the petition to disestablish paternity, and all other documents received
				under (a) of this section, upon the parties.
(c) The petitioner's affidavit in support of
				a petition to disestablish paternity must contain the following information, to
				the extent available to the petitioner:
(1)
				the full name, birth date, and social security number of each child whose
				paternity the petitioner seeks to disestablish;
(2) a statement explaining how paternity was
				established for each child;
(3) as
				to each child, a description of any previous request or attempt to deny or
				disestablish paternity of the child in this or another jurisdiction or venue,
				together with relevant case numbers and copies of any relevant court documents
				that are in the possession of the petitioner;
(4) the date when and circumstances under
				which the petitioner first became aware that the petitioner might not be the
				biological father of the child;
(5)
				a description of the extent of the petitioner's relationship with the
				child;
(6) as to each child, a
				specific denial of paternity; and
(7) a description of any facts establishing a
				reasonable possibility that the petitioner and the child's mother did not have
				sexual contact that could have resulted in the conception of the
				child.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.242 - Agency action on paternity disestablishment petition

Current through May 31, 2024
(a) Upon receipt of
				a complete petition to disestablish paternity, the affidavit required by
				15 AAC 125.236(a), and supporting documents
				required under
				15 AAC 125.236(e), unless the agency rejects
				the petition under
				15 AAC 125.236(d), the agency will issue an
				order requiring the petitioner, the mother of each child whose paternity the
				petitioner seeks to disestablish, and each child to submit to genetic
				testing.
(b) In an order under (a)
				of this section, the agency will state the time set for the genetic testing,
				give notice to the parties of the right to administrative review within 20 days
				after the date that the parties are served with the genetic test results, and
				give notice that a party may request that the agency vacate its genetic testing
				order under
				15 AAC 125.244(c).
(c) A party shall comply with an order served
				under (a) of this section to that party unless, within 30 days after the date
				of service of the order, the party files a written request for the agency to
				vacate the order under
				15 AAC 125.244.
Authority:
AS
					 25.27.020
AS
					 25.27.166
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.244 - Reasons for agency to vacate genetic testing order in a paternity disestablishment proceeding

Current through May 31, 2024
(a) A party's request under
				15 AAC 125.242(c)
				for the agency to vacate the genetic testing order must be in writing and state
				in detail why one or more reasons in (c) of this section apply to support the
				request.
(b) If a party submits a
				request under (a) of this section, the agency will send the parties, by first
				class mail, a notice of the request. In its notice, the agency will inform the
				parties about the deadlines to submit evidence or argument under this
				subsection. If a party wishes to submit evidence or argument for the agency to
				consider, the party shall submit the evidence or argument to the agency within
				30 days after the date the agency mailed the notice to the party. The agency
				shall provide copies of evidence or argument submitted by a party to all other
				parties. A party may respond to another party's evidence or argument within 10
				days after the date the agency mails the evidence or argument to the party.
				After the deadline for the parties' responses has passed, the agency will
				review the evidence and issue a decision under (d) or (e) of this
				section.
(c) The agency will vacate
				the genetic testing order if the agency finds that
(1) to conduct genetic testing would not be
				in the best interests of the child, because evidence indicates the possibility
				of paternity by estoppel; or
(2)
				there is no reasonable cause to require genetic testing because clear and
				convincing evidence establishes that the petitioner is the biological father of
				the child.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.246 - Genetic testing in conjunction with the disestablishment of paternity

Current through May 31, 2024
(a) Upon
				receipt of the results of the genetic test required by
				15 AAC 125.242(a), the agency will serve the
				parties, by first class mail, with a copy of the results. With the test results
				the agency will send the parties a notice of the date for an administrative
				review and the deadline for submission of evidence and argument under this
				subsection. The parties may submit evidence or argument concerning the
				disestablishment of paternity within 10 days after the date the agency mailed
				the notice to the parties.
(b) If
				the test results received under (a) of this section do not establish a
				presumption of parentage under the standard set in
				AS
				25.20.050(d), and unless the
				agency orders additional genetic testing under
				15 AAC 125.252(a), the agency will issue an
				administrative review decision disestablishing the petitioner's paternity. The
				agency will issue the administrative review decision within 20 days after the
				agency's receipt of the test results.
(c) If the test results received under (a) of
				this section establish a presumption of parentage under the standard set out in
				AS
				25.20.050(d), and unless the
				agency orders additional genetic testing under
				15 AAC 125.252(a), the agency will issue an
				administrative review decision finding paternity. The agency will issue the
				administrative review decision within 20 days after the date the agency
				received the test results.
As of Register 187 (October 2008), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), to
					 15 AAC 125.246(c).
Authority:
AS
					 25.27.020
AS
					 25.27.166
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.259 - Paternity by estoppel

Current through May 31, 2024
For purposes of
				  15 AAC 125.218(c),
				  15 AAC 125.244(c), and
				  15 AAC 125.252, paternity by
				  estoppel is indicated, based on a person's actions despite a lack of biological
				  evidence of paternity, by evidence that the
(1) person directly or impliedly represented
				to the child that he is the child's father;
(2) person intended the child to rely on this
				representation;
(3) child relied on
				the representation and suffered financial prejudice as a result; and
(4) child remained ignorant of the true
				facts.
Authority:
AS
					 25.27.020
AS 25.27.165
AS
					 25.27.166
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.261 - Genetic testing costs in paternity proceedings

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, the agency will assess against a child's
				putative father any costs that the agency pays to obtain genetic testing. For
				genetic testing costs assessed under this section, the agency will include
(1) the amount billed to the agency for the
				genetic tests in the subject case by the genetic testing laboratory;
(2) the costs paid by the agency to transport
				the individuals to be tested in the subject case to the nearest available
				facility for collection of genetic testing samples;
(3) per diem meal allowances calculated under
				(f) of this section; and
(4)
				lodging paid by the agency to individuals tested in the subject case.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.311 - Notice of right to review

Current through May 31, 2024
The agency will provide notice once every three years to each
				  parent subject to a support order informing the parent of the parent's right to
				  request that the agency review and, if appropriate, take the necessary actions
				  to adjust the support order. The agency will include this notice in the support
				  order. However, if the support order was not issued or has not been modified
				  within the past three years, the agency will give the notice required by this
				  section separately by first class mail or by electronic
				  means.
Authority:
AS
					 25.27.020
AS
					 25.27.193
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.316 - Initiation of review of support orders

Current through May 31, 2024
(a) The agency may
				initiate a review of a support order at the request of a child support agency
				of another state if
(1) the support order was
				issued by or may be registered with a tribunal of this state under
				AS
				25.25.609,
				25.25.615,
				25.25.616, or
				25.25.702 -
				25.25.714; and
(2) a tribunal of this state has jurisdiction
				to modify the order.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.321 - Modification of administrative support orders

Current through May 31, 2024
(a) If the support
				order for which review has been initiated under
				15 AAC 125.316 was issued by or
				registered with the agency for modification, the agency will review the order
				upon receipt of the required financial and medical information or upon the
				expiration of the period for providing the information under
				15 AAC 125.040, whichever occurs
				first. Based on that review, the agency will issue a written review decision.
				The agency's written review decision must grant or deny the petition for
				modification. If the agency grants the petition for modification, the decision
				must also set out the modified support amount and the effective date of the
				modification. In addition, the agency's written review decision must include
				the findings that are required by
				15 AAC 125.090.
(b) The agency
(1) will grant the petition for modification
				if, based on a review of all of the information available to the agency
				including, if appropriate, the data provided by the Department of Labor and
				Workforce Development, the agency determines that the child support award
				calculated under
				15 AAC 125.070 and the child
				support guidelines of Alaska Rule of Civil Procedure 90.3 is more than 15
				percent greater or less than the amount of the support obligation that is set
				out in the outstanding support order; or
(2) may grant the petition for modification
				if it determines that the child support award calculated under
				15 AAC 125.070 and the child
				support guidelines of Alaska Rule of Civil Procedure 90.3 is not more than 15
				percent greater or less than the amount of the support obligation that is set
				out in the outstanding support order if any of the following conditions is met:
(A) a medical support order is not in effect
				as provided under
				15 AAC 125.085 and
				AS
				25.27.063;
(B) other circumstances exist that justify a
				modification of the support obligation;
(C) three years have elapsed since the
				support order was issued or modified.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.326 - Review of judicial support orders

Current through May 31, 2024
(a) If the support
				order for which review has been initiated under
				15 AAC 125.316 was issued by or
				registered in a court of this state, the agency will review the order upon
				receipt of the required financial and medical information or upon the
				expiration of the period for providing the information under
				15 AAC 125.040, whichever occurs
				first. Based on that review, the agency will determine whether a modification
				of the support order is appropriate. The agency will determine that a
				modification is appropriate based on at least one of the following reasons:
(1) the child support award calculated under
				15 AAC 125.070 and the child
				support guidelines of Alaska Rule of Civil Procedure 90.3 is more than 15
				percent greater or less than the amount of the support obligation that is set
				out in the outstanding support order;
(2) a medical support order is not in effect
				as provided in
				AS
				25.27.063 and
				15 AAC 125.085;
(3) other circumstances exist that may
				justify a modification of the support obligation; or
(4) three years have elapsed since the
				support order was issued or modified.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.327 - Review of support orders at the request of a parent

Current through May 31, 2024
(a) A parent who is subject to a support
				order can file a written request with the agency for a review of the
				order.
(b) If the current support
				is owed to the state because of an assignment to the state under
				AS
				25.27.120 or a child subject to the support
				order is in the legal or physical custody of the state, the agency will proceed
				under 15 AAC.125.316.
(c) If the
				support order was issued by the agency, the agency will proceed under
				15 AAC 125.316.
(d) If the support order was issued by or
				registered in a court of this state, the agency will proceed with the review
				under this section.
(e) The parent
				must provide financial and medical information listed in
				15 AAC 125.040(b).
(f) The agency will review all information
				available to the agency including the financial and medical information
				submitted and, if appropriate, the data provided by the Department of Labor and
				Workforce Development. Not later than 30 days after the request, the agency
				will provide the parents a child support calculation and the address of the
				court with authority to modify the support order.
Authority:
AS
					 25.27.020
AS 25.27.045
AS 25.27.190
AS
					 25.27.193
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.331 - Expedited procedure for modifications for medical support or post-majority support only

Current through May 31, 2024
(a) If a review is initiated by the agency
				because a medical support order is not in effect, a medical support order does
				not comply with
				15 AAC 125.085 or
				AS
				25.27.063, or the existing support order does
				not contain a provision for post-majority support to continue under the
				circumstances described in
				AS
				25.27.061, the agency may seek a modification
				of the support order only to include a medical support order, to modify the
				existing medical support order, or to add post-majority support without first
				issuing a notice of petition for modification or completing a full review of
				financial information. If the agency elects to proceed under this section, no
				other provision of the support order may be modified.
(b) If the support order was issued by or
				registered with the agency, the agency may add a medical support provision or a
				post-majority support provision to the order or modify an existing medical
				support provision under (a) of this section by sending a notice by first class
				mail or by electronic means to the parents subject to the support order and, if
				appropriate, to a child support agency of another state. The notice must state
				that a medical support order or a post-majority support provision is being
				included in the support order or that an existing medical support order is
				being modified. Either parent may appeal this decision by submitting a written
				request for a formal hearing. The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to an appeal under this subsection.
Authority:
AS
					 25.27.020
AS 25.27.045
AS 25.27.060
AS 25.27.061
AS
					 25.27.190
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.335 - Procedures for automated review and adjustment of support order

Current through May 31, 2024
(a) The agency may
				review a support order, as provided under
				15 AAC 125.316(a) and (b), through an automated method. The use of
				an automated method under this section includes the application of a
				cost-of-living adjustment or the use of other databases such as Department of
				Labor and Workforce Development information.
(b) If the support order for which review has
				been initiated through an automated method was issued by or registered with the
				agency, the agency will send a notice by first class mail or by electronic
				means to each parent subject to the order and, if appropriate, to a child
				support enforcement agency of another state. The notice must inform the
				recipients of the notice that the support order has been reviewed by automated
				methods and must give notice of the modified support amount and the effective
				date of the modification. Upon receipt of the notice, either parent may appeal
				by submitting a written request for a formal hearing. The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to an appeal under this subsection.
(c) The agency may commence enforcement of
				the modified support amount upon issuance of a notice under (b) of this
				section. If a parent requests a formal hearing, the agency will not stay
				enforcement of the current month's support amount. If the obligor posts
				security or a bond in an amount sufficient to secure payment of past due
				support, the agency may stay action on the past due support. The agency will
				continue to collect and disburse the ongoing support obligation regardless of
				posting of a bond or security under this subsection.
(d) If the support order for which review has
				been initiated through an automated method was issued by or registered in a
				court of this state, the agency may forward the file to the Department of Law
				to present the determination in judicial proceedings for modification of the
				support order if
(1) the current support is
				owed to the state because of an assignment to the state under
				AS
				25.27.120 or a child subject to the support
				order is in the legal or physical custody of the state; or
(2) requested by a child support agency of
				another state.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 4 - Review and Adjustment of Support Obligations › 15 AAC 125.340 - Adding children to an existing administrative support order

Current through May 31, 2024
(a) If while
				enforcing an administrative support order for the child of a relationship, the
				agency obtains evidence that the parties to that relationship have an
				additional child for whom a support order is not currently in effect, the
				agency will establish paternity for the additional child as provided in (b) of
				this section, and will establish support for the additional child as provided
				in (c) of this section
(1) upon a request
				from the custodial parent, the obligor, or a child support enforcement agency
				of another state; or
(2) if the
				additional child is receiving public assistance or medical assistance or is in
				state-sponsored foster care or placement.