Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 3 - Paternity › 15 AAC 125.226 - Procedures applicable to determinations of paternity

Current through May 31, 2024
(a) The party who
				disputes paternity in a proceeding under
				15 AAC 125.216 -
				15 AAC 125.222 must specify in
				writing the basis for disputing paternity.
(b) On its own motion or that of a party, the
				agency may issue a temporary order for the support of the child whose paternity
				is being determined under
				15 AAC 125.216 -
				15 AAC 125.222. The agency may
				issue the temporary support order if the agency finds, by clear and convincing
				evidence, that the putative father is the child's biological father on the
				basis of genetic test results and other evidence submitted in support of the
				motion for temporary support order. The temporary support order is effective
				until a tribunal issues a final paternity determination and a final support
				order or until the agency dismisses the proceeding to determine paternity under
				this section.
(c) A party who
				submits evidence or written argument in a proceeding described in
				15 AAC 125.216 -
				15 AAC 125.222 may include
				evidence of medical records, affidavits, or other evidence tending to negate
				the genetic test results. Genetic test results submitted as evidence must be
				accompanied by an authenticating affidavit signed by the person who performed
				the test or by an authorized representative of the entity that performed the
				test, verifying that the test was conducted under scientifically accepted
				standards and that procedures necessary to make the test valid were followed.
				The agency will not rely on genetic test results that are not properly
				authenticated as described in this subsection to establish paternity.
(d) The agency may require additional
				evidence from a party in order to determine whether the presumption of
				paternity resulting from genetic test results meeting the standard set in
				AS
				25.20.050(d) has been
				rebutted by clear and convincing evidence.
(e) If additional evidence or written
				argument is not submitted under (d) of this section by the date of the
				administrative review, the agency will issue its administrative review decision
				based on the evidence available at the time of the review, including genetic
				test results meeting the standard set in
				AS
				25.20.050(d).
(f) If the agency issues an administrative
				review decision under
				15 AAC 125.222 establishing
				paternity, the agency may establish the amount of the support obligation under
				15 AAC 125.010 -
				15 AAC 125.090.
(g) The provisions of
				15 AAC 125.118 apply to
				proceedings under
				15 AAC 125.216 -
				15 AAC 125.222 and this section,
				to the extent that those provisions are not inconsistent with a provision of
				AS
				25.27.165,
				15 AAC 125.216 -
				15 AAC 125.222, or this section.
				The provisions of
				15 AAC 05.010 and
				15 AAC 05.025 -
				15 AAC 05.040 regarding formal
				hearings apply to appeals of administrative review decisions issued under
				15 AAC 125.222.
(h) The provisions of
				AS
				25.20.050(d) apply to all
				genetic testing ordered by the agency under
				15 AAC 125.216 -
				15 AAC 125.222 and this
				section.
(i) The agency will
				include the social security numbers of the father, mother, and child in the
				records relating to all determinations establishing paternity.
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.165