reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.405 - Initiation of administrative enforcement action

Current through May 31, 2024
(a) Upon receipt of
				an application for services for a child under
				AS
				25.27.100, notification that a child is
				receiving public assistance or is in state-sponsored foster care or custody, or
				a request for services for a child from a child support enforcement agency of
				another state under AS 25.25 (Uniform Interstate Family Support Act) or a
				similar law of another state, the agency will initiate an administrative
				enforcement action against the obligor if there is a valid child support order
				in effect with respect to the child.
(b) The agency will initiate an
				administrative enforcement action by sending a letter of introduction to the
				obligor and the custodial parent by first class mail or by electronic means,
				or, if public assistance is being paid on behalf of the child, by sending a
				notice of public assistance to the obligor and the custodial parent by
				certified mail. The agency will also send a copy of the letter of introduction
				or notice of public assistance to a child support enforcement agency another
				state, if appropriate. The agency will send the letter or notice within 30 days
				after the agency knows the identity and address of the obligor. The notice must
				identify the child support order being enforced, the amount of the ongoing
				child support obligation, and the amount of arrears, if any, that the obligor
				currently owes. Notice is considered to have been given when sent to the last
				known and verified address of the obligor.
(c) A party may contest a letter or notice
				under (b) of this section, including the amount of arrears, by submitting to
				the agency a written request for administrative review within 30 days after
				mailing of the letter or notice. The request must state the specific reasons
				for the review and be accompanied by all documents upon which the person
				contesting the review intends to rely. The agency may reject a request for
				administrative review if it 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.
Authority:
AS
					 25.27.020
AS 25.27.120
AS
					 25.27.140
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.411 - Contest of administrative attachment by third party

Current through May 31, 2024
(a) Except for
				accounts maintained with a bank, credit union, or other financial institution,
				if an obligor or another person claims that property that the agency has seized
				under 15 AAC 125.410 is owned either in
				whole or in part by a person other than the obligor, the obligor or the other
				interested person may request the release and return of the property. A request
				for administrative review under this section must be made in writing and must
				be accompanied by proof of the obligor's and other person's ownership interest
				in the property.
(b) Upon receipt
				of a request for administrative review under (a) of this section, the agency
				may stop disbursement of the property or proceeds of the property obtained
				under 15 AAC 125.410, to the extent that
				the property or proceeds have not already been disbursed before the agency's
				receipt of the request for administrative review.
(c) Upon receipt of a request for
				administrative review under (a) of this section, the agency will send a notice
				of the request for administrative review by first class mail to the obligor,
				the custodial parent, and the person claiming an interest in the property. Any
				party may respond to the notice. The response must be in writing and must be
				postmarked or received by the agency within 30 days after the notice of request
				for administrative review is mailed to the party.
(d) The agency will issue an administrative
				review decision granting or denying the request for administrative review as
				soon as practicable after the time for response under (c) of this section. In
				the administrative review decision, the agency will state the extent to which
				it finds that the property belongs to the obligor and is to be applied to the
				support obligation. 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) Unless the property or proceeds of the
				property have already been disbursed, the agency will release to the co-owner
				or other interested person, other than the obligor, the property or proceeds
				found to belong to that person.
As of Register 179 (October 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made a technical revision to
					 15 AAC 125.411(d).
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.412 - Spousal support

Current through May 31, 2024
The enforcement remedies available to the agency for
				  collection of child support obligations are also available for the collection
				  of spousal support if a spousal support obligation has been established for the
				  custodial parent of a child for whom child support is being administered. The
				  agency will terminate its collection of spousal support when the ongoing child
				  support obligation has terminated and all child support arrears have been
				  satisfied.
Authority:
AS
					 25.27.020
AS
					 25.27.045
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.415 - Voiding fraudulent property transfers

Current through May 31, 2024
(a) When there is
				evidence to suggest that an obligor may have fraudulently transferred property
				in order to avoid paying child support, the agency will review the evidence and
				pursue further investigation, as the agency deems appropriate, to determine
				whether a prima facie case of fraud exists or whether there is otherwise
				sufficient evidence to establish a fraudulent transfer of property under
				AS
				25.27.279.
(b) In determining under (a) of this section
				whether a prima facie case of fraud exists or there is otherwise sufficient
				evidence to establish a fraudulent transfer of property under
				AS
				25.27.279, the agency may consider any of the
				following:
(1) direct or indirect evidence of
				the obligor's intent to hinder, delay, or avoid the payment of child support,
				including the obligor's payment history and other conduct of the obligor while
				the obligor owed child support;
(2)
				if property was transferred, the value of the consideration received by the
				obligor was not reasonably equivalent to the value of the property
				transferred;
(3) if property was
				transferred, the transfer was made to a family member or relative of the
				obligor or a person with whom the obligor has a personal
				relationship;
(4) if property was
				transferred, the obligor retained possession or control of the property after
				the property was transferred;
(5)
				if property was transferred, the transfer was concealed;
(6) if property was transferred, the obligor
				had been sued or threatened with suit or other enforcement action by the agency
				or another interested party before the transfer was made;
(7) if property was transferred, the transfer
				was of substantially all the obligor's assets;
(8) the obligor absconded;
(9) the obligor removed or concealed
				assets;
(10) if property was
				transferred, the obligor was insolvent or became insolvent shortly after the
				transfer was made; or
(11) if
				property was transferred, the transfer occurred shortly before or shortly after
				the establishment of paternity or issuance of a child support order.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.418 - Reporting of arrears to credit bureaus and lending institutions

Current through May 31, 2024
(a) If an
				obligor owes arrears of more than $1,000, the agency will report the name of
				the obligor and the amount of arrears owed by that obligor to a credit bureau
				or lending institution. The agency will make the report to a credit bureau or
				lending institution on a monthly basis.
(b) Before the agency initiates a report
				under (a) of this section, the agency will notify the obligor. The agency will
				provide notice in the manner described in
				AS
				25.27.265(a). If the agency
				terminates its reporting under this section and thereafter reinitiates
				reporting under (a) of this section and the reinitiated reporting begins
(1) more than one year after the termination,
				the agency will again notify the obligor as required by this
				subsection;
(2) no more than one
				year after the termination, the agency is not obligated to again notify the
				obligor as required by this subsection before the agency reinitiates reporting
				under (a) of this section.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.420 - Denial, revocation, or limitation of passports

Current through May 31, 2024
(a) If an obligor
				owes an amount in excess of $2,500 in support arrears under a support order,
				the agency will certify this fact to the Secretary of State for denial,
				revocation, or limitation of the obligor's passport.
(b) Before making the certification under (a)
				of this section, the agency will notify the obligor that the agency has
				determined that the obligor's support arrears under a support order exceed
				$2,500, that the agency intends to certify this fact to the Secretary of State,
				that the agency's certification to the Secretary of State may result in the
				denial, revocation, or limitation of the obligor's passport, and that the
				obligor may contest the agency's determination. The agency will provide the
				notice required by this subsection in the manner described in
				AS
				25.27.265(a).
(c) An obligor to whom notice is given under
				(b) of the section may submit a written request for an administrative review to
				contest the agency's determination not more than 30 days after the date of
				mailing of the notice. The request must state the specific reasons for the
				review 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 of this subsection.
				The agency's administrative review is limited to the following issues:
(1) whether there is a support order under
				which arrears have accrued;
(2)
				whether the obligor is the person who is covered by the support order;
				and
(3) whether the obligor owes
				support arrears in excess of $2,500.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.427 - Contesting medical support withholding

Current through May 31, 2024
(a) The agency will
				notify the parents and a child support agency of another state, if appropriate,
				when a notice to withhold for health care coverage has been sent to a parent's
				employer under 15 AAC l25.426(a). The notice will be sent by first class mail
				or by electronic means. In the notice, the agency will describe the procedures
				that a party must follow if the party wishes to contest the
				withholding.
(b) A parent may
				contest the withholding for health care coverage by requesting an
				administrative review within 30 days after the date on which the notice was
				sent to the parent under (a) of this section or at any time after a material
				change in circumstances occurs that affects the need for or availability of
				coverage. The request must be in writing, state the specific reasons for the
				contest, and be accompanied by the documentation upon which the parent
				requesting the review intends to rely.
(c) The agency's administrative review under
				this section is limited to whether a mistake of fact has occurred, including
				whether
(1) the parent is required to provide
				health care coverage for the children through an employment-related group
				health plan;
(2) health care
				coverage through an employment-related group health plan is available to the
				parent at a reasonable cost;
(3)
				health care coverage is available at a reasonable cost to the other parent
				through an employment-related group health plan and that coverage better meets
				the needs of the children;
(4) the
				children are eligible for alternative health care coverage and the coverage is
				available for the children; or
(5)
				unusual circumstances exist relating to health care coverage, including
(A) extraordinary medical or other needs of
				the children;
(B) unusual hardship
				to a parent or a parent's family;
(C) the relative cost of the coverage in
				comparison with the ongoing support amount;
(D) the effect of coverage or lack of
				coverage on the interests of the children; and
(E) any agreement by the parents on health
				care coverage.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.428 - Notice of medical support order; proof of health care coverage not related to employment

Current through May 31, 2024
(a) If the agency is enforcing a support
				order that requires a parent to provide health care coverage for a child, other
				than coverage provided by a parent through an employment-related group health
				plan, the agency will notify the parents in writing of the requirement to
				provide health care coverage.
(b)
				If a support order under (a) of this section does not specify which parent is
				to provide the coverage and both parents have health care coverage available at
				a reasonable cost, and if the rights to accrued and continuing child support
				have
(1) not been assigned to this or another
				state, the parents shall agree on who will purchase the coverage for the child;
				however, if the parents cannot agree, they shall inform the agency in writing
				and the agency will select the coverage that the agency determines will best
				meet the medical needs of the children at a reasonable cost; or
(2) been assigned to this or another state,
				the agency will require the non-custodial parent to provide the health care
				coverage for the children.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.429 - Selection of health care options

Current through May 31, 2024
(a) If more than
				one coverage option is available through an employment-related group health
				plan, the employer shall provide the agency with information concerning the
				specific coverage provided by each option and the cost of the coverage for the
				children. Upon receipt of this information, the agency will contact both
				parents to determine which coverage option would be in the best interest of the
				children. The agency will select the coverage option that the agency determines
				will best meet the medical needs of the children at a reasonable cost. The
				agency will notify the employer of the coverage option selected.
(b) When the agency selects a coverage option
				under (a) of this section, the agency will send a notice to the parents of the
				selection. A parent may contest the selection by requesting an administrative
				review within 30 days after the date on which the notice is sent to the
				parents. The request must be in writing, state the specific reasons for the
				contest, and be accompanied by the documentation upon which the parent
				requesting the review intends to rely. The agency will conduct an
				administrative review within 20 days after it receives the request. The
				agency's administrative review is limited to whether
(1) the coverage option selected by the
				agency is available to the parent at a reasonable cost; or
(2) a coverage option other than the one
				selected by the agency would better meet the medical needs of the children at a
				reasonable cost.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.431 - Collection of uncovered medical expenses

Current through May 31, 2024
(a) The agency will
				collect uncovered medical expenses and any amounts paid directly by the insurer
				to a parent that were intended to reimburse the other parent for medical
				expenses incurred on behalf of the children, but only after the expenses or
				amounts have been reduced to judgment by a court of competent
				jurisdiction.
(b) A parent may
				request that amounts owed under (a) of this section be offset against child
				support arrears owed by or to that parent with respect to the children for whom
				the medical expenses were incurred. However, the agency will not offset money
				owed under this section against the ongoing support obligation for the children
				covered by the order or against arrears that have been assigned to the state as
				public assistance reimbursement.
Authority:
AS
					 25.27.020
AS 25.27.060
AS 25.27.063
AS
					 25.27.140
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.432 - Adjustment for the cost of health care coverage

Current through May 31, 2024
(a) If health care
				coverage is purchased for and is available to the children, the agency will
				grant a credit or debit against the child support obligation for amounts paid
				to provide health care coverage for the children in the amount or percentage
				stated in the support order. If the support order provides for a credit for
				health care coverage but does not specify the amount or percentage of credit to
				be given, the agency will allocate the cost of health care coverage equally
				between the parents.
(b) If the
				agency determines that a credit or debit is appropriate under this section, and
				if the
(1) obligor provides the coverage, the
				agency will decrease the obligor's support obligation by the amount or
				percentage stated in the support order or by one-half of the cost of coverage
				if the amount or percentage is not stated in the order; or
(2) custodial parent provides the coverage,
				the agency will increase the obligor's support obligation by the amount or
				percentage stated in the support order or by one-half of the cost of coverage
				if the amount or percentage is not stated in the order.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.435 - Modification of administrative enforcement action based on evidence of unusual hardship

Current through May 31, 2024
At any time after the initiation of an administrative
				  enforcement action, an obligor may request that the administrative enforcement
				  action be modified based on evidence of unusual hardship on the obligor or the
				  obligor's family. The procedures set out in
				  15 AAC 125.550 apply to requests
				  made under this section.
Authority:
AS
					 25.27.020
AS
					 25.27.140
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.440 - Procedures for contesting administrative subpoena

Current through May 31, 2024
(a) A person who is
				issued an administrative subpoena under
				AS
				25.27.085 or
				AS
				25.27.086 may request an administrative
				review in order to establish good cause for the person's refusal to comply with
				the subpoena. A request for administrative review under this subsection must be
				made in writing and be filed within the time provided for compliance with the
				subpoena. The request must state the specific reasons for the administrative
				review and must include any documentation upon which the person intends to rely
				to establish good cause for noncompliance. The agency will, in its discretion,
				reject a request for review that does not comply with the requirements of this
				subsection.
(b) Upon receipt of a
				request for an administrative review under (a) of this section, the agency will
				review the request and any supporting documentation and related information to
				determine whether there is good cause for the person's failure to comply with
				the subpoena. The agency's review is limited to the following issues:
(1) a mistake in the identity of the person
				served with the subpoena; or
(2) a
				prohibition under law on release of the information.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.450 - Referral for judicial orders to participate in appropriate work activities

Current through May 31, 2024
(a) The agency may review the circumstances
				of an obligor under an order of support to determine whether the matter is
				appropriate for referral to the Department of Law to request a court order
				under AS
				25.27.020(d) requiring the
				obligor to participate in appropriate work activities. Except as provided in
				(b) of this section, the agency will refer a matter to the Department of Law to
				obtain an order under
				AS
				25.27.020(d) if at least one
				of the following conditions is met:
(1) the
				obligor owes arrears in an amount that is equal to at least four times the
				monthly support obligation under the obligor's order of support; or
(2) if there is no longer an ongoing monthly
				support obligation, the obligor owes arrears greater than $1,000.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.455 - Offsetting child support arrears

Current through May 31, 2024
(a) Upon the
				request of a party or upon order of a tribunal of competent jurisdiction, the
				agency will offset child support arrears owed by one parent against child
				support arrears owed by the other parent for the same child if the
(1) arrears for which an offset is requested
				are owed to the parent against whom an offset is sought; and
(2) agency determines that an offset is in
				the best interest of the child.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.460 - Garnishment of accounts with financial institutions

Current through May 31, 2024
(a) 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), the agency may
				issue an order to withhold and deliver to a bank, credit union, or other
				financial institution with which a child support debtor has an account. Unless
				the agency finds good cause based on unusual circumstances to issue an order to
				withhold and deliver, the agency will not issue an order to withhold and
				deliver under this section if the
(1) obligor
				owes an amount that is less than $1,000 under the child support
				order;
(2) obligor owes an amount
				that is less than four times the monthly support obligation under the support
				order; or
(3) agency has received
				notice that the obligor has an active bankruptcy action pending.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.463 - Joint accounts with financial institutions

Current through May 31, 2024
(a) If an obligor
				or another person claims that an account that the agency has seized under
				15 AAC 125.460 is jointly owned or
				that another person has an interest in the account, the obligor or the other
				interested person may request the release and return of the money in the
				account. A request for administrative review under this section must be made in
				writing and must be accompanied by proof of the obligor's and other person's
				interests in the account, including copies of applications, signature cards,
				account statements, evidence of deposits and withdrawals, or other evidence
				establishing the extent of the obligor's interest in the account and the extent
				of the other person's interest in the account.
(b) Upon receipt of a request for
				administrative review under (a) of this section, the agency may stay
				disbursement of the money obtained from the account for which joint ownership
				or another person's interest is claimed, to the extent that the money has not
				already been disbursed before the agency's receipt of the request for
				administrative review.
(c) Upon
				receipt of a request for administrative review under (a) of this section, the
				agency will send a notice of the request for administrative review by first
				class mail to the obligor, the custodial parent, and the person claiming to be
				a joint owner or to have an interest in the account. Any party may respond to
				the notice. The response must be in writing and must be postmarked or received
				by the agency within 30 days after the notice of request for administrative
				review is mailed to the party.
(d)
				The agency will issue an administrative review decision granting or denying the
				request for administrative review as soon as practicable after the time for
				response under (c) of this section. In the administrative review decision, the
				agency will state the extent to which it finds that the money in the account
				belongs to the obligor and is to be applied to the support obligation. 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)
				Unless the money has already been disbursed, the agency will release to the
				joint owner or other interested person, other than the obligor, the money found
				to belong to that person.
(f) If
				joint ownership of an account is established, the agency will apportion money
				among the joint owners in accordance with
				AS
				13.33.211.
Authority:
AS
					 25.27.020
AS 25.27.140
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.465 - Credit for direct payments

Current through May 31, 2024
(a) The agency will
				give credit for direct payments against an obligor's child support obligation
				established by a support order if the obligor provides clear and convincing
				evidence that the payment was made to the custodial parent and that both
				parents intended the payment to be a direct payment of child support. Evidence
				of direct payments includes
(1) copies of the
				front and back of cancelled checks and money orders;
(2) bank statements indicating deposits or
				electronic funds transfers;
(3)
				receipts signed by the custodial parent; and
(4) signed, notarized statements by the
				custodial parent, the obligor, or a third party with personal knowledge of the
				direct payments.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.470 - Credit for in-kind payments and payments in lieu of child support

Current through May 31, 2024
(a) The
				agency will give credit for in-kind contributions against an obligor's child
				support obligation if
(1) a tribunal of
				competent jurisdiction has ordered the in-kind contribution in lieu of the
				payment of child support; or
(2)
				the obligation is established by a support order, the parties agree in writing
				to allow credit for the in-kind contribution, and the parties agree in writing
				to the dollar value of the in-kind contribution.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.475 - Credit for government benefits paid to child based on obligor's disability or retirement

Current through May 31, 2024
(a) An obligor may request that the agency
				give credit against the obligor's child support obligation for government
				benefits paid to or on behalf of the obligor's child as a result of the
				obligor's disability or retirement. In order to qualify for a credit under this
				section,
(1) the obligor must provide proof
				of payment of the benefits, including a statement from the government agency
				that paid the benefits, listing each payment made for each child for whom a
				credit is sought;
(2) the benefits
				must be paid to the custodial parent, unless the custodial parent agrees in
				writing to an alternative payment arrangement;
(3) the benefits must be paid as a result of
				the obligor's disability or retirement or the benefits must be otherwise
				attributable to the obligor; and
(4) the benefits must be paid for the child
				for whom the support credit is requested.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.480 - Credit for extended visitation

Current through May 31, 2024
(a) If the support
				order includes a provision allowing an extended visitation credit, the obligor
				may request that the agency give credit for periods in which the obligor
				exercises extended visitation with the child for more than 27 consecutive
				days.
(b) If the support order
				provides a specific visitation period and the requested credit is for the
				specific visitation period ordered, the agency will grant the extended
				visitation credit upon receipt of written notification that the extended
				visitation is being exercised, subject to administrative review and reversal of
				the credit as provided in (d) of this section. The notification must specify
				the dates on which the extended visitation will begin and end. The extended
				visitation credit may be granted under this subsection before the completion of
				the extended visitation period.
(c)
				If the support order does not specify a certain period of extended visitation
				or the request for extended visitation credit is for a period other than the
				period stated in the order, a request for extended visitation credit must be
				made in writing and must be accompanied by evidence that the visitation has
				been exercised. An obligor may include as evidence
(1) written verification from the custodial
				parent that the visitation was exercised;
(2) school records showing the child's
				enrollment;
(3) day care receipts
				during the visitation period;
(4)
				affidavits from neighbors or relatives of the obligor or other persons with
				personal knowledge of the child's residence; and
(5) copies of airline tickets or other proof
				of transportation if the visitation occurred outside of the child's normal
				residence area.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.490 - Recording or filing a lien

Current through May 31, 2024
(a) The agency will
				record or file a lien under
				AS
				25.27.230 upon an obligor's real or personal
				property or limited entry permit issued under AS 16.43 in the amount of the
				obligor's liability under a support order if
(1) a valid support order is in effect under
				which the obligor owes arrears;
(2)
				the obligor does not have an active bankruptcy action pending; and
(3) the obligor owes an amount that is more
				than 12 times the monthly support obligation under the support order or the
				obligor's arrears under the support order exceed $2,500, whichever is
				less.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 5 - Administrative Enforcement - General › 15 AAC 125.495 - Releasing a lien

Current through May 31, 2024
(a) The agency will release a lien recorded
				or filed under
				AS
				25.27.230 if the
(1) underlying support order is
				satisfied;
(2) agency closes the
				case because the obligor's location is unknown, and the agency has made
				diligent efforts to locate the obligor over a
(A) three-year period if information is
				sufficient to use an automated locate effort; or
(B) one-year period if information is
				insufficient to use an automated locate effort; or
(3) person to whom support is owed under the
				support order withdraws from agency services and all child support arrears
				under the order are owed to that person.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.500 - Order requiring immediate income withholding

Current through May 31, 2024
If the agency receives a support order that requires
				  immediate income withholding
(1) for
				an order that is being enforced by the agency, the agency will promptly take
				all reasonable steps to locate an employer of the obligor; within two business
				days after the agency receives information regarding the identity and location
				of the obligor's employer, the agency will issue to the employer an order to
				withhold and deliver under
				AS
				25.27.250, without prior notice to the
				obligor;
(2) for an order that is
				not being enforced by the agency, the agency will provide payment services only
				if the obligor or the custodial parent requests immediate income withholding by
				the agency or obtains immediate income withholding through a tribunal of
				competent jurisdiction other than the agency; payment services consist of the
				issuance of orders to withhold and deliver under
				AS
				25.27.250, the receipt and disbursement of
				payments, and the maintenance of records of those payments; under this
				paragraph,
(A) if the agency receives a
				request from the obligor or the custodial parent for immediate income
				withholding under this paragraph, the agency will issue to the obligor's
				employer an order to withhold and deliver under
				AS
				25.27.250, without prior notice to the
				obligor, within two business days after the agency receives information
				regarding the identity and location of the obligor's employer;
(B) an individual subject to the order or a
				child support enforcement agency of another state may apply for full collection
				services under
				15 AAC 125.800; a withdrawal from
				full collection services in matters subject to immediate income withholding
				under this section does not terminate payment services under the support
				order.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.505 - Initiated income withholding

Current through May 31, 2024
(a) If the agency
				is enforcing a support order that does not include an immediate income
				withholding order, the agency will initiate income withholding under
				AS
				25.27.150 if:
(1) the obligor's support payments are in
				arrears in an amount that is at least equal to the support payable for one
				month;
(2) the obligor requests
				income withholding; or
(3) the
				custodial parent requests income withholding and the agency approves the
				request because
(A) the obligor's payments
				have been more than 10 days overdue at least two times during the preceding 12
				months; or
(B) the agency has
				reason to believe that the obligor might withdraw assets to avoid payment of
				support.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.510 - Procedures to contest income withholding

Current through May 31, 2024
(a) Immediately
				upon issuance of an order to withhold and deliver under
				15 AAC 125.500 or
				15 AAC 125.505(g), the agency will send a
				notice that an order to withhold and deliver has been issued by first class
				mail or by electronic means to the obligor and, if appropriate, to a child
				support enforcement agency of another state. The notice must
(1)  inform the parties that the agency has
				issued an order to withhold and delivery;
(2)
				 describe the procedures that a party shall follow if the party
				wishes to contest withholding; and
(3)
				 include the information from the order to withhold and deliver
				that the agency provided to the obligor's employer.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.515 - Administrative exemption from immediate income withholding

Current through May 31, 2024
An obligor may request an exemption from immediate income
				  withholding under
				  AS
				  25.27.062(m)(1) when the
				  agency is enforcing the obligor's support order. To obtain the exemption
				  described in this section, the obligor shall submit a written request to the
				  agency. In order to qualify for the exemption, the obligor
(1) shall agree to inform the agency of
(A) the obligor's current employer;
				and
(B) the availability of
				employment-related health insurance coverage for the children; and
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.520 - Use of standard notices and forms

Current through May 31, 2024
The agency will use the standard federal notices and forms
				  promulgated under 42 U.S.C.
				  652(a)(11) and
				  42 U.S.C.
				  666(b)(6)(A)(ii) for its
				  orders to withhold and deliver income. The standard federal form for
				  withholding income is considered an order to withhold and deliver under
				  AS
				  25.27.250 regardless of the title of the
				  document.
Authority:
AS
					 25.27.020
AS 25.27.062
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.525 - Income withholding; employer's transmittal of money

Current through May 31, 2024
(a) An employer who
				is served by the agency with an income withholding order or an order to
				withhold and deliver under
				AS
				25.27.062,
				AS
				25.27.250, or
				15 AAC 125.500 or
				15 AAC 125.505 shall send the
				amount ordered to be withheld to the agency within seven business days after
				the date the amount would have been paid or credited to the employee.
(b) When an employer is required to withhold
				and deliver payments for more than one employee, the employer may combine all
				withheld amounts into a single payment to the agency. If a single payment is
				made as permitted in this subsection, the employer shall separately designate
				the portion of the single payment that is attributable to each employee for
				whom money is withheld and delivered.
Authority:
AS
					 25.27.020
AS 25.27.062
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.530 - Notice to employer of income withholding

Current through May 31, 2024
The provisions of
				  AS
				  25.27.062(e) - (k) apply to
				  an income withholding order based on a support order of another jurisdiction
				  under AS
				  25.25.507,
				  25.25.603, or
				  15 AAC 125.700, an administrative
				  establishment of support obligation under
				  AS
				  25.27.160-25.27.220, and an administratively
				  enforced support order under
				  AS
				  25.27.250.
Authority:
AS
					 25.25.507
AS 25.25.603
AS 25.27.020
AS 25.27.022
AS 25.27.062
AS 25.27.160 -
AS 25.27.220
AS
					 25.27.250
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.540 - Calculation of monthly income withholding amount

Current through May 31, 2024
(a) In determining
				the amount of a withholding order issued under
				AS
				25.27.062 or
				AS
				25.27.250, the agency will calculate the
				monthly withholding 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, 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 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.550 - Modification of income withholding amount based on hardship

Current through May 31, 2024
(a) At any time
				after an order to withhold and deliver has been issued, an obligor may request
				that the order to withhold and deliver be modified based on evidence of
				hardship on the obligor or the obligor's family. In order to obtain a
				modification under this section, the obligor shall present clear and convincing
				evidence of the hardship that would result if the order to withhold and deliver
				were not modified.
(b) The agency
				may consider the following factors in determining whether, for purposes of this
				section, a hardship exists:
(1) significant
				illness or disability that prevents the obligor from working at any reasonable
				employment;
(2) exceptional medical
				expenses that are not reimbursed by insurance, Medicaid, or another government
				program, or through private litigation;
(3) an accident or other disaster that
				significantly affects the obligor or an immediate family member of the
				obligor;
(4) the obligor 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;
				or
(5) the obligor lives a
				subsistence life style without any local opportunity for employment.
(6) the net monthly income of the obligor's
				household is 150 percent of 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 obligor to be voluntarily
				underemployed or unemployed under
				15 AAC 125.060.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.560 - Modification of income withholding amount for reasons other than hardship

Current through May 31, 2024
(a) At any time after the agency has issued
				an order to withhold and deliver, the agency may review the order to determine
				whether the amount of the withholding should be modified to bring it into
				compliance with
				15 AAC 125.540 and any other state
				or federal guidelines governing orders to withhold and deliver. Hardship is not
				a basis for review and modification under this section. The agency may modify
				the amount of withholding under this section if any of the following events has
				occurred since the order to withhold and deliver was issued:
(1) the ongoing support obligation has been
				modified or terminated;
(2) a
				judgment for medical support or unreimbursed medical expenses has been
				entered;
(3) the support obligation
				has been adjusted as the result of an audit or other action by the agency or by
				a child support enforcement agency of another state; or
(4) the amount calculated under
				15 AAC 125.540 is at least 30
				percent more or at least 30 percent less than the amount that is set out in the
				existing order to withhold and deliver.
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.565 - Termination of income withholding

Current through May 31, 2024
(a) After income
				withholding has been initiated under
				15 AAC 125.500 or
				15 AAC 125.505, the agency will
				terminate income withholding only if at least one of the following conditions
				is met:
(1) the support obligation, including
				arrears and any future support obligation, has been fully satisfied;
				or
(2) the agency obtains proof
				that an exemption has been granted by court or agency order under
				AS
				25.27.062(m).
Alaska Administrative Code › Title 15 - Revenue › Chapter 125 - Child Support Enforcement › Article 6 - Administrative Enforcement - Income Withholding › 15 AAC 125.570 - Priorities for withholding for a single order

Current through May 31, 2024
Except as provided in
				  15 AAC 125.572, if an employer is
				  required to withhold income from an obligor's income under a single withholding
				  order issued by the agency, the employer shall withhold amounts from the
				  obligor's income in the following order of priority, 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:
(1)
				first, the monthly child support obligation for the month in which the
				withholding occurs;
(2) second, the
				monthly spousal support obligation for the month in which the withholding
				occurs;
(3) third, the monthly
				amount necessary to forward to any employment-related group health plan to
				assure coverage of the children under
				15 AAC 125.426;
(4) fourth, an amount to be applied to the
				past-due child and spousal support obligations owed by the obligor, interest,
				and fees, as provided in the income withholding order.
Authority:
AS
					 25.27.020
AS 25.27.060
AS 25.27.062
AS 25.27.063
AS
					 25.27.250