Title 15 . Revenue

Chapter 125 . (Repealed)

Section 316. Initiation of review of support orders

15 AAC 125.316. Initiation of review of support orders

(a) The agency may initiate a review of a support order at the request of a parent who is subject to the support order or 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 ; and

(2) a tribunal of this state has jurisdiction to modify the order.

(b) The agency may initiate a review of a support order at its own discretion if

(1) the support order was issued by or may be registered with a tribunal of this state under AS 25.25.609 ;

(2) at least one of the following conditions is met:

(A) the support has been assigned to a state;

(B) a medical support order is not in effect as provided in AS 25.27.063 and 15 AAC 125.085;

(C) the existing support order does not contain a provision for post-majority support to continue under the circumstances described in AS 25.27.061 ;

(D) the agency has reason to believe that the parties to the relationship have an additional child of the relationship who is not covered by the existing support order;

(E) the agency has reason to believe that a court of competent jurisdiction has ordered a change in custody;

(F) other circumstances exist that may justify a modification of the support obligation; and

(3) a tribunal of this state has jurisdiction to modify the order.

(c) Upon initiation of a review under (a) or (b) of this section, the agency will send a notice of petition for modification and a request or an order for production of financial and medical information under 15 AAC 125.040 by first class mail or electronic means to each parent subject to the support order and, if appropriate, to a child support enforcement agency of another state.

(d) A review under this section of a support order based on sole or primary custody, for which support was calculated under Alaska Rule of Civil Procedure 90.3(a), is not necessary to adjust an obligation in a circumstance described in this subsection. In place of the review, the agency will reduce the support obligation to the next lower obligation amount under the guidelines of Alaska Rule of Civil Procedure 90.3 or will suspend or terminate the support obligation if only one child was covered by the order. The provisions of this subsection apply to reduce a support obligation for a child

(1) who has reached legal age of majority or is considered under 15 AAC 125.873 to be emancipated;

(2) for whom paternity has been disestablished;

(3) who has been adopted; or

(4) who has died.

(e) Before initiating a review in response to a request under (a)(3) of this section, the agency may require the party that asks for the review to provide evidence that the child support award as calculated under 15 AAC 125.070 and the child support guidelines of Alaska Rule of Civil Procedure 90.3 is more than 15 percent greater or less than the support obligation that is set out in the current support order. If the party fails to provide that evidence, the agency may decline to complete the review. The agency will not require the party to provide proof of a 15-percent change under this section if more than three years has elapsed since the support order was issued or modified.

(f) If the agency receives a request for review under (a) of this section or seeks to initiate a review under (b) of this section and the agency determines that no tribunal within this state has jurisdiction to modify the order under AS 25.25.611 or 25.25.613, the agency will cease its review and will refer the request for review to a child support agency located within the state that the agency determines may have jurisdiction to modify the order.

History: Eff. 10/1/98, Register 147; am 11/30/2002, Register 164; am 4/1/2005, Register 173

Authority: AS 25.27.020

AS 25.27.193