15 AAC 125.326. Review of judicial support orders

(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 providing the information under 15 AAC 125.040, whichever occurs first. Based on that review, the agency will determine whether a modification of the support order is appropriate. The agency will determine that a modification is appropriate based on at least one of the following reasons:

(1) the child support award 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 amount of the support obligation that is set out in the outstanding support order;

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

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

(4) more than three years have elapsed since the support order was issued or modified.

(b) Repealed 4/1/2005.

(c) If the agency determines that a modification of the support order is appropriate under (a) of this section, it will promptly forward the file to the Department of Law to present the determination in judicial proceedings for modification of the support order.

(d) If the agency determines that a modification of the support order is not appropriate, the agency will issue a notice of denial of review. The agency will send the notice of denial of review to both parents and, if appropriate, to a child support agency of another state by first class mail or by electronic means. An administrative appeal is not available from the notice, but the decision is final for the purpose of appeal to the superior court.

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 25.27.045

AS 25.27.193

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