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

Notes 15 AAC 125.240 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available.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 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 …

Notes 15 AAC 125.250 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available.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) 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 …

Notes 15 AAC 125.260 Eff. 3/31/82, Register 81; repealed 10/1/98, Register 147 State regulations are updated quarterly; we currently have two versions available.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) 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…

Notes 15 AAC 125.270 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…

Notes 15 AAC 125.310 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…

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…

Notes 15 AAC 125.315 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…

(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) …

Notes 15 AAC 125.320 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…

(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…

Notes 15 AAC 125.325 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…

(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…

Notes 15 AAC 125.330 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…

(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…

Notes 15 AAC 125.425 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) 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.…

(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…

(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 i…

(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 ju…

(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…