15 AAC 125.050. Determining total income from all sources

(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 Department of Labor and Workforce Development, to determine the parent's total income from all sources for the periods for which support is to be paid.

(b) When the agency calculates arrears under 15 AAC 125.105, and except when the agency determines that a parent is voluntarily unemployed or underemployed under 15 AAC 125.060, the agency will base the support calculation on the parent's actual total income for the period for which support is being calculated. If the agency has

(1) complete information concerning the parent's total income for a year for which support is being calculated, the agency will use that information to calculate support for that year, even if the parent worked less than full time or worked sporadically during the year;

(2) limited information concerning the parent's actual total income for a year for which support is being calculated, the agency will estimate the parent's total income for that year based on the parent's earnings in prior or subsequent years, job skills, training, work history, and education, and the employment available in the area where the parent physically resides or previously resided; or

(3) no information concerning the parent's total income in a past year, the agency will base the support calculation on the

(A) Male and Female Average Annual Wage Income by Age Group statistics provided by the Department of Labor and Workforce Development if the parent is 19 years of age or older and resides in this state;

(B) federal minimum wage as set out in 29 U.S.C. 206(a)(1) if the parent is 19 years of age or older and resides outside of this state; or

(C) minimum $50-per-month support amount set out in Alaska Rule of Civil Procedure 90.3(c)(3) if the parent is less than 19 years of age.

(c) When the agency calculates a parent's ongoing support obligation under 15 AAC 125.100, and except when the agency determines that a parent is voluntarily unemployed or underemployed under 15 AAC 125.060, the agency will base the support calculation on the total annual income that the parent is likely to earn or receive when the child support is to be paid. To determine the parent's expected annual income, the agency will use the best available information, including

(1) the parent's current income as of the date of the agency's calculation of support, as reflected in recent pay stubs or other information from the parent or the parent's employer;

(2) the parent's actual income during the immediately preceding calendar year or, if the parent's income is erratic or information is not available for the immediately preceding calendar year, the parent's actual income during prior calendar years;

(3) partial wage information for periods of less than one year;

(4) the parent's wage rate at a previous job;

(5) the parent's job skills, training, work history, and education;

(6) the average wage or salary available to a person in the parent's particular profession or occupation and, if applicable, location;

(7) the availability of employment in the area where the parent physically resides;

(8) the minimum wage for the area in which the parent physically resides; and

(9) any physical or other restrictions on the parent's ability to work.

(d) If the agency has none of the information listed in (c) of this section for a parent, the agency will base the parent's ongoing support calculation on

(1) the Male and Female Average Annual Wage Income by Age Group statistics provided by the Department of Labor and Workforce Development if the parent is 19 years of age or older and resides in this state;

(2) the federal minimum wage as set out in 29 U.S.C. 206(a)(1) if the parent is 19 years of age or older and resides outside of this state;

(3) the minimum $50-per-month support amount set out in Alaska Rule of Civil Procedure 90.3(c)(3) if the parent is less than 19 years of age.

(e) When calculating income under this section, the agency will include in the parent's estimated total income a

(1) permanent fund dividend payable under AS 43.23, unless the evidence available to the agency indicates that the parent is not eligible for a permanent fund dividend; and

(2) dividend payable by a corporation organized under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act), if evidence available to the agency indicates that the parent is a member of or shareholder in that corporation.

History: Eff. 8/23/80, Register 75; am 10/1/98, Register 147; am 6/15/2001, Register 158; am 4/1/2005, Register 173; am 4/15/2005, Register 174

Authority: AS 25.27.020

Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

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