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Alaska State Profile |
Updated on 08 Aug 2006
Certified on 18 Jul 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
One central office in Anchorage, three field offices; one in Fairbanks, Juneau, and Wasilla. Note that all interstate cases are handled in the Anchorage office. |
| A3. With what types of agencies do you have cooperative agreements? |
Department of Law, Alaska Court System, Department of Motor Vehicles, Public Safety, Social Security Administration, Department of Labor, Permanent Fund Division, Division of Occupational Licensing, Division of Public Assistance, Division of Family and Youth Services, Division of Medical Assistance, Bureau of Vital Statistics |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
|
| A4.1. If so, what is the statutory citation? |
Evid. Rule 503 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
|
| A4.3. If so, please explain. |
|
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
5/31/1995 |
| B2. What is the effective date of your State's Act? |
1/1/1996 |
| B3. What is the statutory citation for your State's Act? |
Alaska Statute 25.25.101-25.25.903
For Additional Information - No Link Provided |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
N/A |
| B5. Optional comments regarding your State's UIFSA Act. |
N/A |
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Canada (only the Following provinces: Alberta , British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory), Australia, England, Germany, Mexico, Norway, Poland, Ireland, Sweden, Netherlands, the Czech Republic and Slovak Republic. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
N/A |
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
18 if order does not specify otherwise. It can be extended to age 19 or the date of graduation, whichever comes first, if unmarried and pursuing a high school diploma or equivalent level of technical or vocational training & residing with custodial parent, guardian or designee of the parent or guardian. The order will require modification to add Post Majority support language if not already in the order. |
| D2. What is the statutory cite for the age of majority? |
AS 25.20.010,AS 25.24.140(a), 25.24.170(a)
For Additional Information - No Link Provided |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
N/A |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
N/A |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Limited provisions for disabled children and other allowances as stated in the court order. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
Yes |
| D7.1. If yes, please describe the procedure. |
Support obligations are adjusted in accordance with the language in the order. Orders issued in a state other than Alaska listing a flat rate amount of support will not automatically be adjusted. For Alaska orders established in accordance with 90.3, the obligation will be adjusted in accordance with 90.3 |
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
No statute of limitations on the collection of child support arrears. |
| E2. What is your State's statute of limitations for paternity establishment? |
Age of majority of child. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Administrative garnishment procedures may be used without reviving or renewing the support order. However, collection by a judicial remedy, such as writ of execution, requires a showing of good cause before executing on a judgement that is more than five years old. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of income. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
6% per annum. Charged the end of the month the support was due and not paid. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
Statutory interest rates. No interest prior to January 1, 1983; 12% from January 1, 1983 - September 30, 1996; 6% from October 1, 1996. AS 25.27.025 and 15 AAC 125.840 |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
As ordered in the judgement. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If a judgement is obtained we will collect 50% unless otherwise specified in order. We will also collect for day care assistance reimbursement if a judgement is obtained. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
The State of Alaska has elected to pay the $1.00 application fee on all cases. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
The State of Alaska has elected to pay the $1.00 application fee on all cases. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Only if reduced to a judgment. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
AS 25.25.201
For Additional Information - No Link Provided |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Enforce only in conjunction with a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
Unless needed under exceptional circumstances. |
G. Income Withholding |
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Order to Withhold and Deliver (WID) |
| G2. What specific source of income is not subject to withholding? |
Exempt funds such as TANF, SSI, VA disability and Native Dividends without an Alaskan court order specifically authorizing the garnishment of the Native Dividend. If the court order is obtained, the Native Dividends can only be paid to the custodian and not used for a State debt.
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
40% of disposable income after mandatory deductions, may go to 65% under certain circumstances. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Employers may charge $5.00 |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
1st pay period following receipt of the withhold order. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
10 days |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
1st step, Reminder Letter; 2nd step, Demand Letter; 3rd step, Seek Non-Compliance prosecution through the Department of Law. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
1. Could be liable for full amount of arrears and costs (penalty) 2. The state may seek damages for improper retention or payment of funds that should have been withheld, plus fines and attorney fees. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
N/A |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
N/A |
| G11. How does an obligor contest income withholding in your State? |
Request for Administrative Review. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
The employer will withhold amount determined by adding together the withholding amounts required by each of the orders, but not to exceed an amount equal to the percentage of the obligors disposable earnings set out in 15 AAC 125.540 (c) unless the agency has found good cause to increase the percentage amount to be withheld. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
15 AAC.125.571
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
Promptly after receiving notice of resignation from the employee or upon termination. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
3 years |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
Yes, Process server fees and genetic testing fees. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes, we offer payments via Western Union |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes, Employers |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
|
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
N/A |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95%. It is rebuttable by clear and convincing evidence. |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
AS 18.50.165 |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
07/01/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
N/A |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
The presumption may be rebutted with clear and convincing evidence of non-paternity. For example, a wife and husband's sworn statements that the husband is not the child's father may constitute clear and convincing evidence sufficient to rebut the presumption or the mother, the legal father and the biological father may sign a three party affidavit. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
A man's name may appear on the birth certificate because he and the child's mother are married, or when the couple is not married, the man and woman may sign affidavits swearing the man is the child's father, thereby including the man's name on the child's birth certificate. In either case, there is a rebuttable presumption of paternity through clear and convincing evidence. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
When genetic test results indicate a 95% or higher probability of paternity, there is a presumption of paternity sufficient for a tribunal to adjudicate the man to be the child's father. |
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
N/A |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
N/A |
| H10.2. When did your current common law standard go into effect? |
|
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written, videotape and teleconferencing. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
AS 25.25.201
For Additional Information - No Link Provided |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Fee recoupment must be requested in the initiating documents from the other state. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
|
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One set |
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Alaska uses administrative and judicial process to establish support obligations. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
The administrative process is generally used to establish an order when there is no existing order. |
| I1.2. Under what circumstances would the judicial process be used? |
CSED rarely uses the judicial process to establish an order. The judicial process is often used when parents seek a child support order without the assistance of the child support agency. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
AS 25.27.160 and 165
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The amount of child support due under Alaska's child support guidelines may be varied for "good cause upon proof by clear and convincing evidence that manifest injustice would result" if the amount due under the guidelines was not varied. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application of services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier. |
| I4.2. What information or documentation does your State require to proceed? |
In order to collect past public assistance for other States, the requesting State must petition Alaska for establishment and collection of the past arrears and provide documentation of the past public assistance timeframes that occurred within the requesting State. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
See Question 14.1 above |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity, Establishment, Modification and Enforcement |
| I6. What is your State's statutory authority for the administrative process? |
AS 25.27.020
For Additional Information - Click Here |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modification |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
There is no State income tax in Alaska. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative |
| J2.1. What are the trigger criteria for filing a lien? |
$2,500 arrearage or 1 year behind in payments |
| J2.2. Where is your State liens filed? |
County |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
N/A |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both administrative and judicial procedures. The administrative procedure is used to seize funds, such as those found on a person, when they are arrested and held by the police. When seizing property such as construction equipment, airplanes or other personal property, a judgement is obtained for the amount of past due child support, then a writ of execution is obtained upon the property to be seized. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When the case is established |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
Yes |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
N/A |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
N/A |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
No specified number of months delinquent. No accounts exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$1,000.00 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
yes |
| J5.3. 1. If yes, please provide the time frame. |
a minimum of 4 times the MSO |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
N/A |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
N/A |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Yes, a minimum of $1,000.00 in checking and $100.00 in savings |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
State |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
15 days to request an administrative review |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
N/A |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
When withholding in improper due to a mistake of fact and in Joint account circumstances. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
N/A |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
30 days from date of notice. No unique requirements. Non-debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
N/A |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
No, but most financial insitutions have their own procedures for how long they hold the funds before distributing them. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
According to bank policy |
| J5.19.1 . If yes, please define. |
N/A |
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Both |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Withhold and Deliver orders for commercial fisherman turning in their catch to the processor which is an administrative procedure. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Criminal non-support prosecution. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Under AS 25.27.230(e) & (f), A lien arising in another State under the child support laws of that State shall be given full faith and credit in this State. The lien may be asserted in this state upon the real or personal property of the obligor in the amount of the obligor's liability by complying with the requirements of this section. A lien recorded under this section is a Judgement lien and may be enforced by execution under AS 09.35 in the full amount of the obligor's liability at the time of execution. Under AS 25.27.240. Service of Lien. (a) The agency of this state or another state or a party or other entity seeking to enforce a child support obligation, may, at any time after recording of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political subdivision or department of the state possessing earning, or deposits of balances held in any bank account of any nature that are due, owing or belonging to the obligor.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
All enforcement remedies, such as, Order to Withhold and Deliver wages or property, liens, Intercept of Permanent Fund Dividend, Intercept of Federal Income Tax refund, are available without registration. Registration of the order must take place in order to modify the order, garnish unemployment compensation and to intercept Native Corporation dividends. |
| J11. Describe your state's registration and enforcement procedures. |
To register an order from another state, the initiating state must provide the Child Support Enforcement Division with this information required under Section 602 of UIFSA. This information is then forwarded to the Office of the Attorney General where the documents necessary to register are prepared and filed with the court. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
AS 09.30.200-270
For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
States can initiate to us for limited action (AEI) with a Trans #3, debt calc and copy of the order. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Experian, Transunion, Equifax |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Primarily as the Initiating state, however in circumstances where the initiating state will not report, we, as the responding state, will report. |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
$1,000.00 in arrears or 4 months support, whichever is greater. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every Three years. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
If the party requesting the review provides evidence that the child support amount would increase or decrease by at least 15%. |
| K3. Briefly describe your State's modification procedure. |
Upon a case party's written request, the agency will send notice and a request for income information to both parties, and schedule a date by which the income information should be received. The information provided by the parties is reviewed along with other available information and determines whether there would be an increase or decrease of at least 15% in the child support order. If the threshold 15% change is met and the parties have an administrative support order the agency will modify the administrative order. If the parties have a court order, the agency will assist in the modification process by requesting the court to modify the order. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
A material change in circumstances which results in a 15% increase or a 15% decrease in an obligors earnings. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
No |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
N/A |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
N/A |
| K7. How does your state credit SSA disability to current and past due support? |
Yes |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
N/A |
| K8.2. What is the statutory cite for your abatement law? |
N/A
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
|
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
|
| K9. What information is required to register an out-of-state order for enforcement/modification? |
|
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
AS 25.27.062 requires employers to withhold lump sum payments. |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
Employers are required to withhold 100% of lump sum disbursements, up to the amount of the total debt owed on the case. |
| L4. How are employers instructed to report a pending lump sum? |
Employers are required to withhold from lump sum disbursements. They can contact the agency directly at any time for clarification when needed. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
N/A |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
Employers should send the payments to the CSSD office within 7 days of withholding from the Non-custodial parent. |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
We can attach lump sum payments with the standard income withholding order, however some employers require a property withholding order prior to remitting the funds, at which point we will immediately send the property withholding order. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
N/A |
| L9. What other documents does your state use to attach lump sum payments? |
Property withholding order |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
100% up to the amount of the debt |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
N/A | |
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