Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.715 - Temporary support orders

Current through May 31, 2024
(a) The agency may
				issue a temporary support order at any time after the initiation of
				administrative action to establish a support obligation under
				AS
				25.25.401 if any of the conditions in
				AS
				25.25.401(b) has been
				met.
(b) Before issuing a temporary
				support order, the agency will serve the parties with a notice of intent to
				issue a temporary support order. The agency will serve the notice personally or
				by registered, certified, or insured mail, return receipt requested, for
				restricted delivery only to the person to whom the notice is directed or to the
				person authorized under federal law to receive that person's restricted
				delivery mail. The notice will include a notice of right to administrative
				review and a request for financial and medical information under
				15 AAC 125.040.
(c) A party may object to the issuance of a
				temporary support order by submitting to the agency a request for
				administrative review within 10 days after service of the notice of intent to
				issue a temporary support order under (b) of this section. A request for
				administrative review must state with particularity the grounds for the request
				and must be accompanied by documentation supporting the request. Regardless of
				whether a party makes a request for administrative review, the parties shall
				submit financial information to the agency within 10 days after service of the
				notice of intent to issue a temporary support order if the information has not
				already been provided to the agency.
(d) If a party does not submit a request for
				administrative review within the time provided in (c) of this section, the
				agency may issue a temporary support order effective immediately following the
				expiration of the 10-day period provided in (c) of this section.
(e) If a party submits a request for
				administrative review within the time provided in (c) of this section, the
				agency will send a notice of the administrative review to both parties by first
				class mail. Either party may submit written documentation to be considered by
				the agency during the administrative review. A party shall submit the written
				documentation within 10 days after the agency mails the notice of the
				administrative review to the parties.
(f) If, upon completion of the administrative
				review, the agency issues a temporary support order, the order is effective and
				enforceable immediately upon issuance. The administrative review decision is
				the agency's final administrative decision for purposes of further appeal.
				Either party may appeal the administrative review decision to the superior
				court, as provided in
				AS
				25.27.210-25.27.220.
(g) The provisions of
				15 AAC 125.118(c)
				- (f) regarding administrative reviews apply to proceedings under this section
				to the extent that those provisions are not inconsistent with a provision of
				AS
				25.25.401 or this section.
(h) The agency will base its determination of
				the amount of support under a temporary support order on any financial
				information readily available to the agency at the time the order is issued,
				including any information provided by the parties or available through
				government agencies. However, if financial information is not readily available
				to the agency at the time the order is issued, the agency will base the amount
				of support under the temporary support order on the Male and Female Average
				Annual Wage Income by Age Group statistics, provided by the Alaska Department
				of Labor and Workforce Development, that are most current at the time of
				calculation of the support obligation and that are most comparable to the sex
				and age of the obligor, or on other information appropriate in a particular
				case.
As of Register 151 (October 1999), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Labor to the Department of Labor and
					 Workforce Development made by ch. 58, SLA 1999 and the corresponding title
					 change of the commissioner of labor.
Authority:
AS
					 25.25.401
AS 25.27.020
AS
					 25.27.140