Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 2 - Administrative Establishment of Child Support Orders › 15 AAC 125.105 - Establishment of pre-order arrears

Current through May 31, 2024
(a) When the agency
				establishes an ongoing support obligation, or at any time after an ongoing
				support obligation has been established by a tribunal of this or another state,
				the agency may issue a notice and finding of financial responsibility that sets
				the support obligation for periods before the effective date of the ongoing
				support obligation. Except as provided in (f) of this section, in issuing a
				notice and finding of financial responsibility under this section, the agency
				will act as follows:
(1) if initiated by this
				state or another state because public assistance or medical assistance is being
				provided on behalf of the child for whom support is sought or because the child
				is in state placement or state-sponsored foster care, the agency will establish
				arrears beginning as of the first month in which state assistance was provided
				on behalf of the child or the first month of state placement, but not to exceed
				six years before the service on the obligor of the notice and finding of
				financial responsibility, a notice of paternity and financial responsibility,
				or a paternity complaint, whichever is the earliest; the agency will establish
				arrears up to the effective date of the ongoing support obligation for the
				child, including any arrears owed to the custodial parent if the state
				assistance or state placement terminates for any period of time before the
				service of the notice and finding of financial responsibility under this
				section;
(2) if initiated by a
				parent, the agency will establish arrears beginning with the month the
				custodial parent most recently applied for the agency's services; the agency
				will establish arrears up to the effective date of the ongoing support
				obligation for the child, including any arrears owed to the state because the
				child received public assistance or medical assistance or was placed in state
				custody or state-sponsored foster care after the most recent application by the
				custodial parent for services; however, any arrears owed to the state may not
				exceed six years before the service on the obligor of the notice and finding of
				financial responsibility, a notice of paternity and financial responsibility,
				or a paternity complaint, whichever is the earliest;
(3) if the applicant withdraws from the
				agency's services before the service on the obligor of the notice and finding
				of financial responsibility under this section, the agency will
(A) complete the establishment of the arrears
				under (1) or (2) of this subsection if the child for whom support is sought has
				received public assistance or was in state-sponsored foster care or state
				placement for any period of time to be covered by the order; however, in the
				order the agency will not establish arrears that exceed the total public
				assistance grant amount; or
(B)
				terminate its action to establish arrears under (1) or (2) of this subsection
				if the child for whom support is sought has not received public assistance or
				been in state-sponsored foster care or state placement for any period of time
				to be covered by the order;
(4) when the agency is acting as the
				responding state in a case initiated by another state under the Uniform
				Interstate Family Support Act of this or another state, the agency will, at the
				request of the initiating state, establish arrears under this section for
				periods before the effective date of the ongoing support obligation, beginning
				as of the date the custodial parent applied for child support enforcement
				services in the initiating state or as of the date the custodial parent began
				receiving state assistance or state-sponsored placement for the child in the
				initiating state, whichever date is earlier; however, any arrears owed to the
				initiating state may not exceed six years before the service on the obligor of
				the notice and finding of financial responsibility, a notice of paternity and
				financial responsibility, or a paternity complaint, whichever is the
				earliest.