15 AAC 125 — Child Support Enforcement (Article 1 to 11)

Alaska Rule of Civil Procedure 90.3, effective August 1, 1987, as amended as of April 16, 2018, by Supreme Court Order 1919, is adopted by" reference as the agency's child support guidelines. Notes 15 AAC 125.010 Eff. 8/23/80, Register 75; am 10/1/85, Register 95; am 9/30/87, Reg…

Notes 15 AAC 125.011 Eff. 10/1/85, Register 95; am 2/27/86, Register 97; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More c…

Notes 15 AAC 125.015 Eff. 12/27/90, Register 116; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

(a) In every matter in which the agency must establish or review a child support order, the agency will determine the obligor's and, if appropriate, the custodial parent's total income from all sources. In determining total income, the agency will use a parent's Department of Lab…

(a) For purposes of 15 AAC 125.020, total income from all sources is the expected actual annual income that the parent will earn or receive when the child support award is to be paid. The expected actual annual income consists of (1) salaries and wages, including overtime and tip…

(a) Upon receipt of a request for financial or medical information, or both, or an order for production of that information, a parent to whom the request is addressed shall provide to the agency accurate financial or medical information or both from which the parent's child suppo…

(a) Except when the agency determines that a parent is voluntarily unemployed or underemployed under 15 AAC 125.060, the agency will use the best information available, including any information available to it through automated sources such as information maintained by the Depar…

(a) If, after considering the relevant circumstances, including the parent's education, training, occupation, health, employment opportunities, and the extent to which the parent is participating in a reasonably diligent work search, the agency determines that the parent is volun…

(a) If a child support award is based on a parent's total income from all sources, the adjusted annual income equals the parent's total income from all sources determined under 15 AAC 125.030 minus the deductions specified in Alaska Rule of Civil Procedure 90.3(a)(1). (b) If the …

(a) If one parent has primary custody of the child or children, as defined by Alaska Rule of Civil Procedure 90.3(f)(2), the agency will calculate the child support award by multiplying the adjusted annual income determined under 15 AAC 125.065 by the appropriate percentage under…

(a) At the request of a parent, the agency may, for good cause, vary a child support award calculated under 15 AAC 125.070 if the parent provides to the agency clear and convincing evidence that (1) repealed 4/15/2005; (2) manifest injustice will result unless the child support a…

For purposes of 15 AAC 125.075, a support award determined under the provisions of Alaska Rule of Civil Procedure 90.3(a) or (b) is manifestly unjust if the agency determines that a reasonable person would be convinced that the award is either unjustly large or unjustly small aft…

(a) If the agency establishes or modifies a support order administratively, the agency will require health care coverage for the children covered by the support order if health care coverage is available to either parent at a reasonable cost, as defined in 45 C.F.R. 303.31. The a…

(a) In any matter in which the agency has established or modified a child support order, the agency will make specific written findings concerning a decision on each of the following issues: (1) a parent's total income from all sources; (2) the existence of voluntary unemployment…

(a) Before initiating an administrative action to establish a support order, the agency will send by first-class mail or by electronic means to the noncustodial parent and to the custodial parent or, if appropriate, to a child support enforcement agency of another state, a reques…

(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 fo…

Notes 15 AAC 125.110 Eff. 8/23/80, Register 75; am 6/4/83, Register 86; am 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior…

Notes 15 AAC 125.112 Eff. 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 15 AAC 125.113 Eff. 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 15 AAC 125.115 Eff. 12/27/90, Register 116; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

(a) A person served with a notice and finding of financial responsibility or with a copy of a notice and finding of financial responsibility setting a support obligation may request an administrative review of the notice and finding. The person making the request shall make it in…

Notes 15 AAC 125.120 Eff. 10/1/85, Register 95; am 2/27/86, Register 97; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More c…

(a) Upon request from an obligor, the agency will vacate an administrative support order if the support order was based on a default income figure and the agency determines that the default income figure is not an accurate reflection of the obligor's income for purposes of calcul…

(a) A party to an administrative order, or the agency on its own initiative, may file with the director a written request for relief from the order after the deadline set out in 15 AAC 125.118 for filing an appeal. The request must state one or more of the specific grounds for re…

Notes 15 AAC 125.130 Eff. 8/23/80, Register 75; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

Publisher's note: At the time of its repeal, this regulation was numbered 15 AAC 147.140. Notes 15 AAC 125.140 Repealed 10/1/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior …

Notes 15 AAC 125.145 Eff. 6/4/83, Register 86; am 10/1/85, Register 95; am 2/27/86, Register 97; am 12/27/90, Register 116; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most rec…

Publisher's note: At the time of its repeal, this regulation was numbered 15 AAC 147.150. Notes 15 AAC 125.150 Repealed 10/1/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior …

Notes 15 AAC 125.155 Eff. 10/1/85, Register 95; am 2/27/86, Register 97; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More c…

Relocated. Publisher's note: As of Register 119 (October 1991), 15 AAC 147.900, referred to in the editor's note, above, has been relocated to 15 AAC 125.900. This regulation, 15 AAC 125.160, was, prior to Register 119, numbered 15 AAC 147.160. Notes 15 AAC 125.160 As of Register…

Notes 15 AAC 125.163 Eff. 12/27/90, Register 116; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 15 AAC 125.165 Eff. 12/27/90, Register 116; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 15 AAC 125.170 Eff. 10/1/85, Register 95; am 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More…

Notes 15 AAC 125.180 Eff. 10/1/85, Register 95; am 2/27/86, Register 97; am 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prio…

Relocated. Publisher's note: Prior to 1/91, the regulation now numbered 15 AAC 125.011 was located at 15 AAC 147.190. That regulation was relocated to 15 AAC 147.011 as of 1/91. Notes 15 AAC 125.190 State regulations are updated quarterly; we currently have two versions available…

Notes 15 AAC 125.191 Eff. 12/27/90, Register 116; repealed 11/28/96, Register 140 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

Notes 15 AAC 125.195 Eff. 10/1/85, Register 95; am 2/27/86, Register 97; repealed 11/28/96, Register 140 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More …

Notes 15 AAC 125.200 Eff. 10/1/85, Register 95; am 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More…

Notes 15 AAC 125.205 Eff. 11/28/96, Register 140; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 15 AAC 125.210 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) Except as provided in (b) and (c) of this section, if the agency serves a putative father with a notice of paternity and financial responsibility under AS 25.27.165(b) and the putative father fails to file the response required by AS 25.27.165(c), the agency will consider the…

(a) When presented with a written application for the determination of paternity of a minor child born out of wedlock under AS 25.27.165 from a child's mother, custodian, putative father, legal custodian, or agency representative, or the representative of a child support enforcem…

(a) After receiving a written application for paternity determination under 15 AAC 125.216(a), unless the application is denied under 15 AAC 125.216(b), the agency will serve the child's mother, the child's legal guardian if not the mother, and the child's putative father, as app…

(a) A party's request under 15 AAC 125.217(e) for the agency to vacate the genetic testing order must be in writing and state in detail why one or more of the reasons in (c) of this section apply to support the request. (b) If a party submits a request under (a) of this section, …

Notes 15 AAC 125.220 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) Upon receipt of the results of the genetic test required by AS 25.27.165, the agency will serve by first class mail a copy of the results on the putative father, the mother, and the child's legal custodian if the child's legal custodian is not the child's mother or putative f…

(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 b…

Notes 15 AAC 125.230 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) The agency will undertake the disestablishment of paternity under AS 25.27.166 only if (1) paternity has not already been established in the manner described in AS 25.27.166(a)(1)-(2) or by the order of another state that is entitled to full faith and credit under AS 25.20.05…

(a) To disestablish paternity under AS 25.27.166, the petitioner shall submit to the agency a petition to disestablish paternity on forms provided by the agency. The petition to disestablish paternity must be accompanied by an affidavit that meets the requirements of (c) of this …