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

(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 paya…

(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 chi…

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 qualif…

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…

(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 d…

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 administrativ…

(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…

(a) In determining the monthly withholding amount to be collected and applied to arrears under 15 AAC 125.540(a), the agency will use the following amortization chart if the obligor's adjusted annual income, as calculated under 15 AAC 125.065, exceeds $20,400; AMOUNT DUE PYMT/MO …

(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 obligo…

(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 …

(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 …

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 …

(a) Except as provided in 15 AAC 125.572, if an employer receives multiple orders from the agency to withhold income for an employee who is the obligor under the multiple orders but for different obligees, the employer shall withhold from the obligor's income an amount determined…

(a) A parent may request an exception to the withholding priorities set out in 15 AAC 125.570 and 15 AAC 125.571 in order to give priority to the monthly amount necessary to ensure health care coverage for the children under 15 AAC 125.426. If an exception is granted under this s…

(a) The agency will include on the licensing lists required to be compiled under AS 25.27.244(a) and 25.27.246(a) the name of an obligor(1) for whom (A) a valid child support order is in effect; (B) if the list is compiled under AS 25.27.244(a), a payment schedule is in effect; o…

(a) Upon receipt of a written request for administrative review under AS 25.27.244(g) or AS 25.27.246(f), the agency will review the obligor's child support file to determine whether the obligor is in substantial compliance with the support order or payment schedule. Based on tha…

As used in 15 AAC 125.610, the term "best efforts," as applied to the obligor, means that, during the period in which the child support order was in effect, the obligor has taken every reasonable step available to assure that support is paid as required by the support order, incl…

(a) In negotiating an agreement for a payment schedule on arrears under AS 25.27.244(g)(1) or 25.27.246(f)(1), the agency will calculate the monthly amount by adding the following amounts: (1) the monthly ongoing support obligation; (2) the monthly interest charge; and (3) a mont…

At any time during the administrative review process under AS 25.27.244(g) or 25.27.246(f), the agency may, at the request of the obligor or at its own discretion, refer a matter to the agency's review and adjustment section for possible modification of the ongoing support obliga…

(a) At any time during the administrative review process under 15 AAC 125.610, an obligor may request that the payment agreement be modified or that the licensing action against the obligor be suspended based on evidence of unusual circumstances that the licensing action would ha…

(a) The agency will immediately revoke a release of license issued under AS 25.27.244(g) if at least one of the following conditions is met: (1) the release was issued under AS 25.27.244(g)(1) or (4), and the agency subsequently determines that the obligor is no longer in substan…

(a) The agency will immediately revoke a release of license issued under AS 25.27.246(f) if at least one of the following conditions is met: (1) the release was issued under AS 25.27.246(f)(1) or (4) because the obligor was found by the agency or a court to be in substantial comp…

(a) A parent is eligible to participate in the arrears forgiveness program if the parent (1) owes a combined total state debt of at least $1,500 in one or more child support cases; (2) owes (A) an ongoing child support obligation to the custodial parent or the state; or (B) child…

(a) For the purpose of eligibility under 15 AAC 125.650(a) (3)(A), a community-based organization is a private or nonprofit organization or government agency that operates a program designed to directly or indirectly address personal or economic factors that may reduce a parent's…

A parent may qualify for participation in the arrears forgiveness program based on incarceration under 15 AAC 125.650(a) (3)(B) if (1) the parent was (A) incarcerated as of the date the parent applied for the arrears forgiveness program and is expected to be released from incarce…

(a) For the purpose of determining whether a parent has failed to make voluntary payments under 15 AAC 125.650(a) (3)(C), voluntary payments include (1) payments by cash, check, money order, or other negotiable instrument submitted directly to the agency by or on behalf of the pa…

(a) In order to be considered for the arrears forgiveness program, a parent must submit a written application to the agency. The application must be on a form prescribed by the agency and must be accompanied by all documentation or other information requested by the agency to sup…

(a) Upon receipt of an application under 15 AAC 125.660, the agency will review the case to determine whether (1) the case may qualify for a modification of the ongoing support obligation; (2) the parent may be entitled to relief from the support order because the order was based…

(a) Upon approval of the parent's application by the agency, the agency will send to the parent a forgiveness agreement. The parent must sign and return the forgiveness agreement to the agency within 30 days after it is mailed to the parent. If the parent fails to sign and return…

(a) Unless the agency finds good cause to require a different amount, the agency will calculate the amount of the monthly payment required by the forgiveness agreement by adding the following amounts: (1) the monthly ongoing support obligation; (2) the monthly interest charge on …

(a) Unless the agency has agreed under AS 25.27.020(f)(1)(C) and this section to an alternative payment arrangement, a forgiveness agreement must require the parent to pay in accordance with an income withholding order issued under AS 25.27.062 or 25.27.250 to the parent's employ…

(a) While a parent is participating in the arrears forgiveness program, the agency will (1) report the parent's arrears, including the certified state debt, to the federal government for attachment, to the extent required by federal law, of any refund of amounts withheld under 26…

(a) After the agency has approved a parent for participation in the arrears forgiveness program, the agency will calculate and certify the total state debt owed as of the date the parent was approved for the program. The agency will include in the certified state debt (1) the pri…

(a) The agency will monitor the parent's compliance with the forgiveness agreement on a monthly basis and will notify the parent of any noncompliance as provided in 15 AAC 125.680. However, the agency will forgive certified state debt on a yearly basis. The first yearly reporting…

(a) If a parent fails to make two payments within a yearly reporting period, the agency will promptly notify the parent after the second missed payment that the parent is in default and that if the parent misses one more payment during the yearly reporting period, the parent's pa…

(a) A parent may establish good cause for failure to make payments or comply with other requirements of a forgiveness agreement by presenting clear and convincing evidence that the parent was unable to make the payment or comply with other requirements of the agreement as a resul…

(a) The agency will terminate a parent's participation in the arrears forgiveness program if the agency determines that the parent (1) has failed to make more than two payments required by the forgiveness agreement within the yearly reporting period without good cause; (2) has fa…

In 15 AAC 125.650 - 15 AAC 125.695, unless the context requires otherwise, (1) "arrears forgiveness program" means the program established under AS 25.27.020(f) - (h) and 15 AAC 125.650 - 15 AAC 125.695; (2) "child support arrears" means a debt for support that is owed and past d…

(a) If the agency receives a request to enforce a support order or an income withholding order, or both, issued in another state, and if the request includes the documentation specified in AS 25.25.602(a), the agency will first consider and, if appropriate, initiate administrativ…

Notes 15 AAC 125.705 Eff. 10/1/98, Register 147; repealed 2/16/2013, Register 205 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 125.710 Eff. 10/1/98, Register 147; repealed 2/16/2013, Register 205 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…

(a) If more than one support order is in effect for the same parents and children, the agency will issue a controlling order determination under AS 25.25.207. (b) Upon issuance of a controlling order determination, the agency will send a notice of the determination to each parent…

(a) The agency may issue a temporary support order at any time after the initiation of administrative action to establish a support obligation under AS 25.25.401 if any of the conditions in AS 25.25.401(b) has been met. (b) Before issuing a temporary support order, the agency wil…

(a) Establishment of a support order by the agency under AS 25.25.401 is governed by the provisions of AS 25.25, AS 25.27, and this chapter that are applicable to the agency's administrative establishment of a support obligation. (b) If a support order issued in another state is …

Notes 15 AAC 125.725 Eff. 10/1/98, Register 147; repealed 11/30/2002, Register 164 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 wi…

(a) If the agency receives a request for review or modification or the agency seeks to initiate a review or modification of a support order that was issued or registered in this state but the obligor, the custodial parent, and the child for whose benefit the support order is issu…

Whenever the agency obtains a modified support order, the agency will send a certified copy of the modified order to the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and to each tribunal in which the agency knows that an earlier order has be…

The agency will use the standard forms promulgated under 42 U.S.C. 652(a)(11) for income withholding, imposition of liens, and issuance of administrative subpoenas in intergovernmental child support cases under 42 U.S.C. 651 - 669 b (Title IV-D of the Social Security Act). Notes …

(a) When there are multiple child support orders from more than one state for the same obligor, custodian, and children, and the subsequent orders do not modify or supersede the prior orders, the agency will give full faith and credit to each of those orders as follows: (1) the a…

(a) The agency will provide child support services to a child, to the custodian of the child, to the noncustodial parent of the child, to any person owed child support under the law, or to a child support agency of another state. Except as provided in (b) of the section the agenc…