Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.410 - Administrative attachment of property other than income

Current through May 31, 2024
(a) Except as
				otherwise provided in AS 25.27 or in another section of this chapter, whenever
				the agency has reason to believe that a person, political subdivision, or
				department of the state possesses property that is due, owing, or belonging to
				an obligor, the agency may, at any time after the initiation of administrative
				enforcement under
				15 AAC 125.405 or upon the request
				of a child support enforcement agency of another state under
				42 U.S.C.
				666(a)(14), issue and
				deliver to the person, political subdivision, or department an order to
				withhold and deliver any real or personal property, other than income,
				belonging to the obligor. An order to withhold and deliver issued under this
				section remains effective for the period stated in the order to withhold and
				deliver or until the support obligation, including arrears and any future
				support obligation, has been fully satisfied, whichever is earlier.
(b) Upon issuance of an order to withhold and
				deliver under (a) of this section, the agency will send a notice to the obligor
				by first class mail or by electronic means that the order to withhold and
				deliver has been issued and of the procedures to follow if the obligor wishes
				to contest the withholding on the grounds that the withholding is improper due
				to a mistake of fact. The notice must also include any other information
				provided to the person to whom the order to withhold and deliver was
				issued.
(c) The obligor may contest
				the withholding under the order to withhold and deliver by submitting to the
				agency a written request for administrative review within 15 days after mailing
				of the notice under (b) of this section. The sole basis for contesting the
				withholding is that the withholding is improper due to a mistake of fact. The
				request must state the specific reasons for the contest and be accompanied by
				all documents upon which the person requesting the review intends to rely. The
				agency may reject a request for administrative review if the request does not
				comply with the requirements set out in this subsection. The agency will issue
				an administrative review decision as soon as practicable after receiving the
				request. If appropriate, the agency may request additional information from the
				person requesting the review or from any other source.
(d) An administrative appeal is not available
				from the administrative review decision issued under (c) of this
				section.
(e) The agency will
				continue the withholding under the order to withhold and deliver even if the
				obligor contests the withholding under (c) of this section. The agency may not
				stay the withholding for collection of arrears unless the obligor posts with
				the agency security or a bond in an amount sufficient to secure payment of past
				support conditioned upon final determination of the contest. The agency will
				continue to collect and disburse the ongoing support obligation regardless of
				posting of a bond or security under this subsection.
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.250