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

(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award calculated under 15 AAC 125.070 if the parent provides to the agency clear and convincing evidence that (1) repealed 4/15/2005; (2) manifest injustice will result unless the child support a…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…

(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…

(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…

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…

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

(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, …

(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…

(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 …

(a) Upon receipt of a complete petition to disestablish paternity, the affidavit required by 15 AAC 125.236(a), and supporting documents required under 15 AAC 125.236(e), unless the agency rejects the petition under 15 AAC 125.236(d), the agency will issue an order requiring the …

(a) A party's request under 15 AAC 125.242(c) for the agency to vacate the genetic testing order must be in writing and state in detail why one or more reasons in (c) of this section apply to support the request. (b) If a party submits a request under (a) of this section, the age…

(a) Upon receipt of the results of the genetic test required by 15 AAC 125.242(a), the agency will serve the parties, by first class mail, with a copy of the results. With the test results the agency will send the parties a notice of the date for an administrative review and the …

(a) A party may request, in writing, a second genetic test within 10 days after the genetic test results are mailed to the parties under 15 AAC 125.246(a). If the agency receives a timely request and advance payment of all costs of a second genetic test by the requesting party, t…

For purposes of 15 AAC 125.218(c), 15 AAC 125.244(c), and 15 AAC 125.252, paternity by estoppel is indicated, based on a person's actions despite a lack of biological evidence of paternity, by evidence that the (1) person directly or impliedly represented to the child that he is …

(a) Except as provided in (b) of this section, the agency will assess against a child's putative father any costs that the agency pays to obtain genetic testing. For genetic testing costs assessed under this section, the agency will include (1) the amount billed to the agency for…

The agency will provide notice once every three years to each parent subject to a support order informing the parent of the parent's right to request that the agency review and, if appropriate, take the necessary actions to adjust the support order. The agency will include this n…

(a) The agency may initiate a review of a support order at the request of a child support agency of another state if (1) the support order was issued by or may be registered with a tribunal of this state under AS 25.25.609, 25.25.615, 25.25.616, or 25.25.702 - 25.25.714; and (2) …

(a) If the support order for which review has been initiated under 15 AAC 125.316 was issued by or registered with the agency for modification, the agency will review the order upon receipt of the required financial and medical information or upon the expiration of the period for…

(a) If the support order for which review has been initiated under 15 AAC 125.316 was issued by or registered in a court of this state, the agency will review the order upon receipt of the required financial and medical information or upon the expiration of the period for providi…

(a) A parent who is subject to a support order can file a written request with the agency for a review of the order. (b) If the current support is owed to the state because of an assignment to the state under AS 25.27.120 or a child subject to the support order is in the legal or…

(a) If a review is initiated by the agency because a medical support order is not in effect, a medical support order does not comply with 15 AAC 125.085 or AS 25.27.063, or the existing support order does not contain a provision for post-majority support to continue under the cir…

(a) The agency may review a support order, as provided under 15 AAC 125.316(a) and (b), through an automated method. The use of an automated method under this section includes the application of a cost-of-living adjustment or the use of other databases such as Department of Labor…

(a) If while enforcing an administrative support order for the child of a relationship, the agency obtains evidence that the parties to that relationship have an additional child for whom a support order is not currently in effect, the agency will establish paternity for the addi…

(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…

(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…

(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 o…

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 administe…

(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 …

(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 basi…

(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 sectio…

(a) Except as provided in 15 AAC 125.428, if the agency is enforcing a support order that requires a parent to provide health care coverage for the children, the agency will send to the parent's employer a notice to withhold for health care coverage. The notice will be sent by fi…

(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.…