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

(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. I…

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 …

(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 m…

(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 activit…

(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…

(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 f…

(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 acc…

(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 b…

(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…

(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…

(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 prov…

(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 …

(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 per…

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 inf…

(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…