reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.571 - Priorities for withholding for multiple orders

Current through May 31, 2024
(a) Except as
				provided in
				15 AAC 125.572, if an employer
				receives multiple orders from the agency to withhold income for an employee who
				is the obligor under the multiple orders but for different obligees, the
				employer shall withhold from the obligor's income an amount determined by
				adding together the withholding amounts required by each of the orders, but not
				to exceed an amount equal to the percentage of the obligor's disposable
				earnings set out in
				15 AAC 125.540(c)
				unless the agency has found good cause under
				15 AAC 125.540 to increase the
				percentage amount to be withheld. If the amount to be withheld under the
				multiple orders exceeds the percentage amount required to be withheld by the
				agency under
				15 AAC 125.540, the employer shall
				withhold and deliver, in the following order of priority:
(1) first, to the agency the amounts required
				to satisfy the monthly child support and spousal support obligation for the
				month in which the withholding occurs for each of the support orders subject to
				withholding;
(2) second, to the
				appropriate group health plan the amounts necessary to provide coverage for the
				children as required by each of the support orders subject to withholding for
				medical coverage; and
(3) third, to
				the agency the amounts required to satisfy the past-due child and spousal
				support obligations, interest, and fees, as provided in the income withholding
				orders.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.572 - Priorities for withholding; exception

Current through May 31, 2024
(a) A parent may
				request an exception to the withholding priorities set out in
				15 AAC 125.570 and
				15 AAC 125.571 in order to give
				priority to the monthly amount necessary to ensure health care coverage for the
				children under
				15 AAC 125.426. If an exception is
				granted under this section, an employer shall first withhold from the obligor's
				income the amount necessary to forward to the employment-related group health
				plan to ensure coverage of the children under
				15 AAC 125.426. After withholding
				that amount, the employer shall follow the priorities established by
				15 AAC 125.570 and
				15 AAC 125.571.
(b) A request for an exception under this
				section must be in writing, state the specific reasons for the request, and be
				accompanied by the documentation upon which the parent intends to rely. The
				agency will conduct an administrative review within 20 days after it receives
				the written request. An administrative appeal is not available from the
				administrative review decision issued under this subsection, but the decision
				is final for the purpose of appeal to the superior court.
(c) A request for an exception to the
				withholding priorities will be granted if the agency determines, based on all
				of the circumstances and after consultation with both parents, that the
				exception is in the best interests of the child. As a part of the
				administrative review, the agency will consider the medical needs of the child,
				the possibility that health care coverage will be intermittent if an exception
				is not granted, and any agreement of the parents relating to health care
				coverage.
(d) If an exception is
				granted under this section and an employer is required to withhold amounts from
				the obligor's income, the agency will promptly notify the employer that an
				exception has been granted and of the new priorities to be followed by the
				employer with respect to the withholding of income.
Authority:
AS
					 25.27.020
AS 25.27.060
AS 25.27.062
AS 25.27.063
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.605 - Criteria for licensing actions

Current through May 31, 2024
(a) The agency will
				include on the licensing lists required to be compiled under
				AS
				25.27.244(a) and
				25.27.246(a) the
				name of an obligor
(1) for whom
(A) a valid child support order is in
				effect;
(B) if the list is compiled
				under AS
				25.27.244(a), a payment
				schedule is in effect; or
(C) if
				the list is compiled under
				AS
				25.27.246(a), a payment
				schedule is in effect for which the obligor paid the monthly obligation for at
				least two years immediately after the schedule was negotiated;
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.610 - Criteria for administrative review

Current through May 31, 2024
(a) Upon receipt of
				a written request for administrative review under
				AS
				25.27.244(g) or
				AS
				25.27.246(f), the agency
				will review the obligor's child support file to determine whether the obligor
				is in substantial compliance with the support order or payment schedule. Based
				on that review, the agency will issue a written decision that includes a
				finding of whether the obligor is in substantial compliance with the support
				order or payment schedule.
(b) If,
				under (a) of this section, the agency determines that the obligor is not in
				substantial compliance with a support order or payment schedule, the agency may
				consider the following factors to determine whether licensing action against
				the obligor's occupational license or driver's license is appropriate despite
				the determination that the obligor is not in substantial compliance with the
				support order or payment schedule under
				AS
				25.27.244(g) or
				25.27.246(f):
(1) the amount of the arrears owed by the
				obligor;
(2) whether a tribunal in
				another state is pursuing enforcement action against the obligor;
(3) the obligor's payment history, including
				the number of payments received in the past 12 months;
(4) whether the obligor has an active
				bankruptcy action pending;
(5)
				whether, under a valid custody order issued by a tribunal of competent
				jurisdiction, the obligor has physical custody of one or more of the children
				for whom support is sought;
(6)
				whether payments have been received from the state for unemployment
				compensation owed to the obligor;
(7) the obligor's income and other assets
				available to satisfy the support obligation;
(8) whether the obligor is eligible and has
				applied for a permanent fund dividend;
(9) the existence of a pending court or
				administrative action that could significantly affect the amount of the
				arrears;
(10) evidence of bad faith
				or intentional evasion of the obligor's support obligation, such as evidence of
				fraudulent transfers or intentional concealment of assets or income;
				and
(11) any other evidence that
				would tend to show the ability or willingness of the obligor to pay support
				voluntarily without licensing action, including evidence that the obligor has
				made the obligor's best efforts, as defined in
				15 AAC 125.615, to pay the child
				support arrears.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.615 - Definition of "best efforts."

Current through May 31, 2024
As used in
				  15 AAC 125.610, the term "best
				  efforts," as applied to the obligor, means that, during the period in which the
				  child support order was in effect, the obligor has taken every reasonable step
				  available to assure that support is paid as required by the support order,
				  including, without limitation,
(1)
				keeping the agency informed of the obligor's address, employer, and medical
				coverage;
(2) applying for any
				benefits, such as a permanent fund dividend, unemployment compensation, or
				similar state and federal benefits, that could be attached for payment of
				support;
(3) actively seeking
				employment and pursuing other sources of income when appropriate; and
(4) eliminating discretionary spending; for
				purposes of this paragraph, discretionary spending
(A) includes any expenditure made for
				recreation, comfort, sport, investment, entertainment, private schools, travel,
				or rental or recreational property; and
(B) does not include any expenditures
				necessary to feed, house, clothe, or ensure the health of the obligor and the
				obligor's immediate family members.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.620 - Negotiated agreement for payment schedule on arrears; modification of agreement

Current through May 31, 2024
(a) In negotiating an agreement for a payment
				schedule on arrears under
				AS
				25.27.244(g)(1) or
				25.27.246(f)(1),
				the agency will calculate the monthly amount by adding the following amounts:
(1) the monthly ongoing support
				obligation;
(2) the monthly
				interest charge; and
(3) a monthly
				amount to be collected and applied to arrears.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.625 - Referral of case for modification or default order review

Current through May 31, 2024
At any time during the administrative review process under
				  AS
				  25.27.244(g) or
				  25.27.246(f), the
				  agency may, at the request of the obligor or at its own discretion, refer a
				  matter to the agency's review and adjustment section for possible modification
				  of the ongoing support obligation or, if appropriate, for a default order
				  review under
				  AS
				  25.27.195. If the agency refers a matter
				  under this section for modification or default order review, the agency
(1) will not automatically suspend the
				licensing action against the obligor;
(2) will consider the existence of the
				referral in determining whether licensing action against the obligor is
				appropriate under the criteria set out in
				15 AAC 125.610(b).
Authority:
AS
					 25.27.020
AS 25.27.190
AS 25.27.193
AS 25.27.195
AS 25.27.244
AS
					 25.27.246
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.630 - Exception based on evidence of unusual circumstances

Current through May 31, 2024
(a) At any time
				during the administrative review process under
				15 AAC 125.610, an obligor may
				request that the payment agreement be modified or that the licensing action
				against the obligor be suspended based on evidence of unusual circumstances
				that the licensing action would have on the obligor or on the obligor's family.
				To obtain an exception that is based on evidence of unusual circumstances, the
				obligor must present clear and convincing evidence of
(1) unusual circumstances that prevent the
				obligor from either complying with the child support order or entering into a
				payment schedule agreement with the agency for the purpose of coming into
				compliance with the child support order; and
(2) the unusual hardship that would result if
				the licensing action continued.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.635 - Revocation of release of occupational license

Current through May 31, 2024
(a) The agency will
				immediately revoke a release of license issued under
				AS
				25.27.244(g) if at least one
				of the following conditions is met:
(1) the
				release was issued under
				AS
				25.27.244(g)(1) or (4), and
				the agency subsequently determines that the obligor is no longer in substantial
				compliance with the obligor's support order or payment schedule;
(2) the release was issued under
				AS
				25.27.244(g)(2) or (3)
				because the license review process could not be completed within 150 days, and
				upon subsequent completion of the review process, the agency determines that
				the obligor is not in substantial compliance with the obligor's support order
				or payment schedule.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 7 - Licensing Actions › 15 AAC 125.636 - Revocation of release of driver's license

Current through May 31, 2024
(a) The agency will
				immediately revoke a release of license issued under
				AS
				25.27.246(f) if at least one
				of the following conditions is met:
(1) the
				release was issued under
				AS
				25.27.246(f)(1) or (4)
				because the obligor was found by the agency or a court to be in substantial
				compliance with the obligor's support order and the agency subsequently
				determines that the obligor is no longer in substantial compliance with the
				obligor's support order;
(2) the
				release was issued under
				AS
				25.27.246(f)(1) because the
				obligor negotiated a payment schedule with the agency and the agency
				subsequently determines that the obligor is no longer in substantial compliance
				with the payment schedule;
(3) the
				release was issued under
				AS
				25.27.246(f)(2) or (3)
				because the license review process could not be completed within 150 days and,
				upon subsequent completion of the review process, the agency determines that
				the obligor is not in substantial compliance with the obligor's support order
				or payment schedule.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.650 - Eligibility to participate in arrears forgiveness program

Current through May 31, 2024
(a) A parent is
				eligible to participate in the arrears forgiveness program if the parent
(1) owes a combined total state debt of at
				least $1,500 in one or more child support cases;
(2) owes
(A) an ongoing child support obligation to
				the custodial parent or the state; or
(B) child support arrears to the custodial
				parent;
(3) meets one of
				the following criteria:
(A) is referred to the
				program by a qualified community-based organization, as provided in
				15 AAC 125.653;
(B) has been incarcerated for more than one
				year immediately before the parent's application to participate in the program
				and has no other means of paying support while incarcerated, as provided in
				15 AAC 125.655;
(C) as provided in
				15 AAC 125.658, has failed to make
				voluntary payments for at least 24 consecutive months immediately before the
				parent's application to participate in the program, and
(i) has not actively avoided paying support
				during those 24 consecutive months; or
(ii) does not currently have the ability to
				pay support at the amount previously ordered;
(4) submits an application under
				15 AAC 125.660 and complies with
				all requirements for referral under
				15 AAC 125.663;
(5) enters into a forgiveness agreement
				meeting the requirements of
				15 AAC 125.665;
(6) has not been convicted of the crime of
				criminal nonsupport in this state or any other state; for purposes of this
				paragraph, notwithstanding the definition of "state" in
				15 AAC 125.695, "state" has the
				meaning given in
				AS
				01.10.060(a); and
(7) has not previously enrolled in the
				arrears forgiveness program under
				15 AAC 125.650 -
				15 AAC 125.695 and been
				disqualified from the program due to failure to comply with a forgiveness
				agreement unless the agency determines that the parent had good cause for the
				parent's noncompliance, as provided in
				15 AAC 125.683.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.653 - Eligibility based on referral by community-based organization

Current through May 31, 2024
(a) For the
				purpose of eligibility under
				15 AAC 125.650(a) (3)(A), a community-based organization is a
				private or nonprofit organization or government agency that operates a program
				designed to directly or indirectly address personal or economic factors that
				may reduce a parent's earning potential or ability to pay support.
(b) A community-based organization may refer
				parents to the arrears forgiveness program under
				15 AAC 125.650(a) (3)(A) if the organization or a particular
				program offered by the organization is qualified by the agency for
				participation in the arrears forgiveness program. An organization may apply to
				the agency for qualification by submitting a written application on a form
				provided by the agency, together with all documentation requested by the
				agency. The agency will review the application to determine whether the
				organization's program is designed to directly or indirectly address personal
				or economic factors that may reduce a parent's earning potential or ability to
				pay support and whether a parent's participation in that program is otherwise
				consistent with the goals of the arrears forgiveness program. The agency will
				notify the organization in writing, either approving or denying qualification
				for the program.
(c) In order to
				refer a parent to the arrears forgiveness program, a community-based
				organization must certify to the agency that the parent is actively
				participating in a qualified program offered by the organization. The
				community-based organization must further agree to
(1) monitor and certify to the agency the
				parent's progress in and completion of the qualified program;
(2) inform the agency immediately if the
				parent is no longer participating in the qualified program; and
(3) provide assistance to the agency in
				obtaining the parent's cooperation and compliance with the requirements of the
				arrears forgiveness program.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.655 - Eligibility based on incarceration

Current through May 31, 2024
A parent may qualify for participation in the arrears
				  forgiveness program based on incarceration under
				  15 AAC 125.650(a) (3)(B) if
(1) the parent was
(A) incarcerated as of the date the parent
				applied for the arrears forgiveness program and is expected to be released from
				incarceration within 60 days after the date of application; or
(B) released from incarceration within six
				months immediately before the date the parent applied for the arrears
				forgiveness program;
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.658 - Eligibility based on failure to make voluntary payments

Current through May 31, 2024
(a) For the purpose
				of determining whether a parent has failed to make voluntary payments under
				15 AAC 125.650(a) (3)(C), voluntary payments include
(1) payments by cash, check, money order, or
				other negotiable instrument submitted directly to the agency by or on behalf of
				the parent;
(2) payments by a
				parent's employer through income withholding; and
(3) payments through the garnishment of
				unemployment benefits.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.660 - Application for participation in arrears forgiveness program

Current through May 31, 2024
(a) In order to be
				considered for the arrears forgiveness program, a parent must submit a written
				application to the agency. The application must be on a form prescribed by the
				agency and must be accompanied by all documentation or other information
				requested by the agency to support the application.
(b) If a parent fails to submit all of the
				information needed by the agency to process the application or if the agency
				determines that the case should be referred for modification or other review
				under 15 AAC 125.663, the agency will
				notify the parent that the application is insufficient or that a referral for
				modification or other review is being made. The agency will identify any
				additional information that the agency needs in order to review the parent's
				application or to refer the case for modification or other review. If the
				parent was referred to the agency by a community-based organization under
				15 AAC 125.650(a) (3)(A), the agency will notify the referring
				organization of the request for additional information and will request the
				organization's assistance in obtaining the necessary information. If the parent
				fails to provide the additional information within 30 days after the agency
				sent its notice and request for additional information, the agency will deny
				the parent's application based on the failure to provide information.
(c) Upon receipt of all necessary information
				and after completion of any referral under
				15 AAC 125.663, the agency will
				review a parent's application to determine whether the parent meets the
				eligibility requirements of
				15 AAC 125.650. If the agency
				determines that the parent
(1) meets the
				eligibility requirements, the agency will prepare and send to the parent a
				forgiveness agreement under
				15 AAC 125.665; or
(2) does not meet the eligibility
				requirements, the agency will send the parent a notice of denial.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.663 - Referral of case for modification or other review

Current through May 31, 2024
(a) Upon receipt of
				an application under
				15 AAC 125.660, the agency will
				review the case to determine whether
(1) the
				case may qualify for a modification of the ongoing support
				obligation;
(2) the parent may be
				entitled to relief from the support order because the order was based on a
				default amount; or
(3) there are
				other defects in the support order or the arrears calculation that should be
				resolved before the agency considers the parent for the arrears forgiveness
				program.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.665 - Requirements for forgiveness agreement

Current through May 31, 2024
(a) Upon approval
				of the parent's application by the agency, the agency will send to the parent a
				forgiveness agreement. The parent must sign and return the forgiveness
				agreement to the agency within 30 days after it is mailed to the parent. If the
				parent fails to sign and return the forgiveness agreement to the agency within
				the required time, the agency will rescind its approval of the parent's
				application and will deny the application based on the failure to return the
				agreement. If a parent's application is denied under this section, the parent
				may contest the denial as provided in
				15 AAC 125.660(d).
(b) As part of a forgiveness agreement under
				this section, the parent must agree to
(1)
				make monthly payments, as calculated under
				15 AAC 125.668, through income
				withholding unless the agency agrees under
				AS
				25.27.020(f)(1)(C) and
				15 AAC 125.670 to an alternative
				payment arrangement; monthly payments that are made
(A) through income withholding must begin
				within 60 days after the parent is approved for the program unless the parent
				is enrolled in an employment training program in accordance with
				AS
				25.27.020(f)(1)(B), in which
				case the monthly payments through income withholding must begin within 30 days
				after the parent completes the employment training program; or
(B) under an alternative payment arrangement
				must begin within 30 days after the parent is approved for the arrears
				forgiveness program;
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.668 - Calculation of monthly payment amount

Current through May 31, 2024
(a) Unless the
				agency finds good cause to require a different amount, the agency will
				calculate the amount of the monthly payment required by the forgiveness
				agreement by adding the following amounts:
(1) the monthly ongoing support
				obligation;
(2) the monthly
				interest charge on any arrears owed to the custodial parent; and
(3) a monthly amount to be collected and
				applied to any arrears owed to the custodial parent, as determined using the
				applicable arrears amortization chart set out in
				15 AAC 125.545.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.670 - Alternative payment arrangements

Current through May 31, 2024
(a) Unless the
				agency has agreed under
				AS
				25.27.020(f)(1)(C) and this
				section to an alternative payment arrangement, a forgiveness agreement must
				require the parent to pay in accordance with an income withholding order issued
				under AS
				25.27.062 or
				25.27.250 to the parent's
				employer, insurer, or financial institution, or to a state or federal agency
				paying periodic benefits to a parent.
(b) An alternative payment arrangement may
				include
(1) regular electronic fund
				transfers;
(2) payments by cash, a
				certified or cashier's check, or a money order;
(3) payments by wire service; and
(4) lump sum payments in advance.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.673 - Continued enforcement actions and application of payments

Current through May 31, 2024
(a) While a parent
				is participating in the arrears forgiveness program, the agency will
(1) report the parent's arrears, including
				the certified state debt, to the federal government for attachment, to the
				extent required by federal law, of any refund of amounts withheld under 26
				U.S.C. (Internal Revenue Code) for federal income tax;
(2) attach the parent's permanent fund
				dividend under AS 43.23;
(3) leave
				in place all liens previously asserted against property belonging to the
				parent; however, the parent may negotiate with the agency for release of the
				lien against specific property; and
(4) continue to report all arrears, including
				any portion of the certified state debt that has not yet been forgiven under
				15 AAC 125.678, to credit bureaus
				as required under
				15 AAC 125.418.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.675 - Certification of state debt

Current through May 31, 2024
(a) After the
				agency has approved a parent for participation in the arrears forgiveness
				program, the agency will calculate and certify the total state debt owed as of
				the date the parent was approved for the program. The agency will include in
				the certified state debt
(1) the principal
				amount of any arrears that are permanently assigned to the state as of the date
				the parent was approved for the program; and
(2) any interest that has accrued on the
				permanently assigned arrears as of the date the parent was approved for the
				program.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.678 - Forgiveness of certified state debt upon compliance with forgiveness agreement

Current through May 31, 2024
(a) The agency will monitor the parent's
				compliance with the forgiveness agreement on a monthly basis and will notify
				the parent of any noncompliance as provided in
				15 AAC 125.680. However, the
				agency will forgive certified state debt on a yearly basis. The first yearly
				reporting period commences as of the date the parent was approved for
				participation in the arrears forgiveness program. Each subsequent yearly
				reporting period commences on the anniversary of the date the parent was
				approved for participation in the arrears forgiveness program.
(b) The agency will forgive a portion of the
				certified state debt at the conclusion of each yearly reporting period at the
				following rates:
(1) for the first year: 10
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the first yearly reporting
				period;
(2) for the second year: 15
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the second yearly reporting
				period;
(3) for the third year: 15
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the third yearly reporting
				period;
(4) for the fourth year: 20
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the fourth yearly reporting
				period;
(5) for the fifth year: 20
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the fifth yearly reporting
				period;
(6) for the sixth year: 20
				percent of the certified state debt, plus the waiver of all interest that
				accrued on the certified state debt during the sixth yearly reporting
				period.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.680 - Notice of noncompliance with forgiveness agreement and opportunity to cure

Current through May 31, 2024
(a) If a parent fails to make two payments
				within a yearly reporting period, the agency will promptly notify the parent
				after the second missed payment that the parent is in default and that if the
				parent misses one more payment during the yearly reporting period, the parent's
				participation in the arrears forgiveness program will be terminated.
(b) If a parent fails to comply with a
				nonmonetary requirement of the forgiveness agreement, the agency will notify
				the parent of the noncompliance and will give the parent 30 days after the date
				the notification is sent in which to cure the noncompliance or to show good
				cause for the noncompliance. If the parent fails to cure the noncompliance by
				the end of the 30 days, the agency will terminate the parent's participation in
				the program as of the date of the termination notice.
Authority:
AS
					 25.27.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.683 - Good cause for failure to comply with forgiveness agreement

Current through May 31, 2024
(a) A parent may
				establish good cause for failure to make payments or comply with other
				requirements of a forgiveness agreement by presenting clear and convincing
				evidence that the parent was unable to make the payment or comply with other
				requirements of the agreement as a result of substantial hardship or other
				unusual circumstances. The agency will consider the following factors in
				determining whether a parent has established good cause for failing to make
				payments under a forgiveness agreement:
(1) a
				significant illness or disability prevents the parent from working at any
				reasonable employment;
(2) the
				parent has incurred exceptional medical expenses that are not reimbursed by
				insurance, Medicaid, or another government program, or through private
				litigation;
(3) an accident or
				other disaster significantly affects the parent or an immediate family member
				of the parent;
(4) the parent has
				physical custody of one or more of the children for whom support is sought
				under a valid custody order issued by a tribunal of competent
				jurisdiction;
(5) the parent lives
				a subsistence lifestyle without any local opportunity for employment;
(6) the net monthly income of the parent's
				household is below the poverty guideline for this state, as set out in the
				Federal Register by the United States Department of Health and Human Services,
				and the agency has not determined the parent to be voluntarily underemployed or
				unemployed under
				15 AAC 125.060.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.685 - Termination of parent's participation in the arrears forgiveness program

Current through May 31, 2024
(a) The
				agency will terminate a parent's participation in the arrears forgiveness
				program if the agency determines that the parent
(1) has failed to make more than two payments
				required by the forgiveness agreement within the yearly reporting period
				without good cause;
(2) has failed
				without good cause to comply with other requirements of the forgiveness
				agreement and the noncompliance has substantially prejudiced the agency's
				ability to collect support from the parent;
(3) no longer owes
(A) an ongoing child support obligation to
				the custodial parent or the state; or
(B) child support arrears to the custodial
				parent; or
(4) knowingly
				provided false or incomplete information on the parent's application, and the
				agency would not have approved the parent's application if the agency had
				received the correct or complete information at the time of the
				application.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 8 - Arrears Forgiveness Program › 15 AAC 125.695 - Definitions for 15 AAC 125.650 - 15 AAC 125.695

Current through May 31, 2024
In
				  15 AAC 125.650 -
				  15 AAC 125.695, unless the context
				  requires otherwise,
(1) "arrears
				forgiveness program" means the program established under
				AS
				25.27.020(f) - (h) and
				15 AAC 125.650 -
				15 AAC 125.695;
(2) "child support arrears" means a debt for
				support that is owed and past due under a support order for the support and
				maintenance of a child or a parent of a child for whom the agency is also
				collecting support; "child support arrears" includes
(A) monetary support;
(B) payment of health care costs or
				maintenance of health insurance;
(C) reimbursement of related costs;
(D) payment of attorney fees and legal costs
				and other fees; and
(E) any
				penalty, interest, and other relief as required by the support order;
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.700 - Administrative enforcement of support order or income withholding order issued in another state

Current through May 31, 2024
(a) If the agency receives a request to
				enforce a support order or an income withholding order, or both, issued in
				another state, and if the request includes the documentation specified in
				AS
				25.25.602(a), the agency
				will first consider and, if appropriate, initiate administrative enforcement,
				including income withholding, under
				AS
				25.27.150 and
				AS
				25.27.230-25.27.270 without first
				registering the support order or income withholding order.
(b) If the documentation received by the
				agency under (a) of this section does not conform to the requirements of
				AS
				25.25.602(a), the agency
				will remedy any defect that it can without the assistance of the requester. If
				the agency is unable to remedy a defect, the agency will immediately notify the
				requester of the necessary additions or corrections required to enforce the
				order or orders.
(c) If the obligor
				contests the validity of or the administrative enforcement of the support order
				or income withholding order, or both, the agency will register the support
				order or income withholding order, or both, with the appropriate registering
				tribunal in accordance with
				AS
				25.25.601-25.25.610. Unless the obligor
				requests and obtains from the agency or court a stay of enforcement, the agency
				will continue to enforce the support order or income withholding order against
				income in this state, pending the outcome of the registration
				process.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 15 AAC 125.700.
Authority:
AS
					 25.25.507
AS
					 25.27.020(a)
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.712 - Controlling order determinations

Current through May 31, 2024
(a) If more than
				one support order is in effect for the same parents and children, the agency
				will issue a controlling order determination under
				AS
				25.25.207.
(b) Upon issuance of a controlling order
				determination, the agency will send a notice of the determination to each
				parent, to the initiating tribunal, if appropriate, and to the person on whose
				behalf the initiating tribunal has sought enforcement, if appropriate. A party
				may contest the determination by requesting an administrative review within 30
				days after the party receives the notice under this subsection. A request for
				administrative review must include an explanation for the party's objection to
				the determination, a copy of any orders that the party believes should be
				considered, and any other documentation upon which the requesting party intends
				to rely.
(c) Upon receipt of a
				request for administrative review under (b) of this section, the agency will
				send a notice of administrative review to the nonrequesting party, the
				initiating tribunal, if appropriate, and to the person on whose behalf the
				initiating tribunal has sought enforcement, if appropriate, together with a
				copy of the request for administrative review and any supporting documentation
				provided by the requesting party. A nonrequesting party must respond in writing
				within 15 days after notice of the request for administrative review is mailed
				to the nonrequesting party.
(d) The
				agency will issue an administrative review decision as soon as practicable
				after receipt of the responses from the nonrequesting parties or upon the
				expiration of the time for providing responses under (c) of this section. An
				administrative appeal is not available from an administrative review decision
				issued under this subsection, but the decision is final for the purpose of
				appeal to the superior court.
(e)
				Absent unusual circumstances, a controlling order determination under this
				section is effective as of the first day of the
(1) month after the notice was mailed under
				(b) of this section if the notice was mailed on or before the 15th day of the
				month; or
(2) second month after
				the notice was sent under (b) of this section if the notice was mailed after
				the 15th day of the month.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.720 - Procedures for certain administrative actions involving support orders and paternity matters under AS 25.25

Current through May 31, 2024
(a) Establishment
				of a support order by the agency under
				AS
				25.25.401 is governed by the provisions of AS
				25.25, AS 25.27, and this chapter that are applicable to the agency's
				administrative establishment of a support obligation.
(b) If a support order issued in another
				state is registered with the agency for modification under
				AS
				25.25.609 and
				25.25.610 and if modification is
				permitted under
				AS
				25.25.611 or
				AS
				25.25.613, modification of that support order
				is governed by the administrative procedures set out in
				AS
				25.27.190 and by the provisions of this
				chapter that relate to administrative modification of a support
				order.
(c) Proceedings under
				AS
				25.25.402 for agency establishment or
				disestablishment of paternity are governed by the provisions of AS 25.25, AS
				25.27, and this chapter regarding the proceedings. However, the agency may
				serve as a tribunal in a proceeding under
				AS
				25.25.402 to determine the parentage of a
				child only if the parentage of the child has not been previously
				determined.
(d) For purposes of (c)
				of this section, the parentage of a child has been previously determined if any
				of the following conditions exist:
(1) there
				has been an adjudication of paternity by a court, quasi-judicial entity, or
				administrative agency of this or another state;
(2) there is a signed acknowledgment of
				paternity that creates a conclusive presumption of paternity under the law of
				the state in which the acknowledgement was completed;
(3) a support order has been entered by a
				court, quasi-judicial entity, or administrative agency of another state
				requiring the putative father to pay support for the child.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.730 - Modification if no party resides in this state

Current through May 31, 2024
(a) If the agency
				receives a request for review or modification or the agency seeks to initiate a
				review or modification of a support order that was issued or registered in this
				state but the obligor, the custodial parent, and the child for whose benefit
				the support order is issued do not reside in this state, the agency will refer
				the request to the appropriate tribunal in the state where the non-requesting
				party resides.
(b) Except as
				provided in (c) of this section, the agency will determine a party's place of
				residence under (a) of this section as of the date the agency sends its notice
				of petition for modification under
				15 AAC 125.316(c). If all of the parties
				leave this state after the agency sends the notice of petition for modification
				but before the review or modification is complete, the agency will complete the
				review and modification unless the agency finds that good cause exists to
				terminate the review process and refer the request to a tribunal in another
				state. In deciding whether good cause exists to refer a request for review or
				modification to another tribunal under this subsection, the agency will
				consider
(1) whether another tribunal has
				personal jurisdiction over the parties and subject matter jurisdiction to
				consider the request for review or modification;
(2) whether another tribunal would be a more
				convenient forum for the parties, including having better access to witnesses
				and other evidence relevant to the review or modification request;
(3) the effect of any delay caused by a
				referral to another tribunal, including the effect on the applicable effective
				date of the proposed modification; and
(4) the cause of the parties' departure from
				this state, including any evidence that the change of residence was intended to
				delay the review or modification process.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.735 - Notice of modified support order

Current through May 31, 2024
Whenever the agency obtains a modified support order, the
				  agency will send a certified copy of the modified order to the issuing tribunal
				  that had continuing, exclusive jurisdiction over the earlier order and to each
				  tribunal in which the agency knows that an earlier order has been
				  registered.
Authority:
AS
					 25.25.614
AS
					 25.27.020(a)
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.740 - Use of standard forms

Current through May 31, 2024
The agency will use the standard forms promulgated under
				  42 U.S.C.
				  652(a)(11) for income
				  withholding, imposition of liens, and issuance of administrative subpoenas in
				  intergovernmental child support cases under
				  42 U.S.C.
				  651 -
				  669 b (Title IV-D of the Social
				  Security Act).
Authority:
AS
					 25.27.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 9 - Administrative Actions Under the Uniform Interstate Family Support Act › 15 AAC 125.745 - Arrears reconciliation

Current through May 31, 2024
(a) When there are
				multiple child support orders from more than one state for the same obligor,
				custodian, and children, and the subsequent orders do not modify or supersede
				the prior orders, the agency will give full faith and credit to each of those
				orders as follows:
(1) the agency will first
				identify the oldest child support order and will charge arrears based on the
				amount required in that order until the effective date of the second child
				support order;
(2) the agency will
				then identify the second oldest child support order and will charge arrears at
				the higher of the two amounts required in the two child support orders from the
				effective date of the second child support order;
(3) the agency will follow the process set
				out in (1) and (2) of this subsection for each additional child support order
				that was issued for the obligor, custodian, and children until a controlling
				order determination is issued as to the obligor, custodian, and
				children;
(4) if a tribunal of
				competent jurisdiction makes a controlling order determination, the agency will
				charge arrears based on the amount required in the controlling order; the
				agency will make the charge required by this paragraph effective as of the date
				of the controlling order determination, unless a different effective date is
				stated in the controlling order determination.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 10 - Miscellaneous Provisions › 15 AAC 125.800 - Agency services

Current through May 31, 2024
(a) The agency will provide child support
				services to a child, to the custodian of the child, to the noncustodial parent
				of the child, to any person owed child support under the law, or to a child
				support agency of another state. Except as provided in (b) of the section the
				agency will provide child support services
(1) if a written application for the agency's
				services has been executed and accepted;
(2) upon notification by the Department of
				Health and Social Services that the
(A) child
				is a recipient of public assistance under
				42 U.S.C.
				601 -
				619 (Title IV-A of the Social
				Security Act);
(B) child is a
				recipient of Medicaid benefits, unless the parent requests medical support
				enforcement services only under (b) of this section; or
(C) state is incurring costs for a child in
				foster or institutional care;
(3) upon receipt of a petition or complaint
				under AS 25.25 (Uniform Interstate Family Support Act) or under the provisions
				of that act as enacted in another state, in accordance with
				42 U.S.C.
				651 -
				669 b (Title IV-D of the Social
				Security Act); or
(4) upon
				notification by a tribal organization that the child is receiving benefits
				through a federally approved program under
				42 U.S.C.
				612 (direct funding and administration by
				Indian tribes).