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(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 additional child as provided in (b) of this section, and will establish support for the additional child as provided in (c) of this section
(1) upon a request from the custodial parent, the obligor, or a child support enforcement agency of another state; or
(2) if the additional child is receiving public assistance or medical assistance or is in state-sponsored foster care or placement.
(b) If paternity is not already established for an additional child described in (a) of this section, the agency will serve a notice of paternity and financial responsibility under AS 25.27.165 and 15 AAC 125.217 and will establish paternity for the additional child under AS 25.27.165 and 15 AAC 125.212 - 15 AAC 125.226.
(c) If the paternity of the additional child is already established by the evidence described in (a) of this section, or after paternity is established under (b) of this section, the agency
(1) will serve a notice and finding of financial responsibility on the noncustodial parent, in the manner specified in AS 25.27.160 (a), and will send a copy of the notice to the child's custodial parent, and, if appropriate, to the child support enforcement agency of another state;
(2) after serving a notice under (1) of this subsection, will establish arrears under 15 AAC 125.105;
(3) will send a notice of petition for modification of the existing support order under 15 AAC 125.316, and will include with that notice a request or an order for production of financial and medical information under 15 AAC 125.040 to each parent subject to the existing support order; and
(4) after sending a notice under (3) of this subsection, will review and modify the existing support order under 15 AAC 125.321 to include the additional child.
(d) Arrears will be established under (c)(2) of this section up to the effective date of the modification of the existing support order to include the additional child. Any modification under (c)(4) of this section of an existing support order is effective on the first day of the month following the sending of notice under (c)(3) of this section.
(e) If all of the children of the relationship, including the additional child, are in the primary custody of one parent, the amount of arrears under (c)(2) of this section for the additional child will be calculated as follows:
(1) the arrears will be based on the incremental percentage increase in support related to the additional child, as set out in Alaska Rule of Civil Procedure 90.3(a), and the agency will apply that increase to the noncustodial parent's actual annual adjusted income for the periods for which arrears are established;
(2) if the agency determines that the noncustodial parent would have been entitled under Alaska Rule of Civil Procedure 90.3(c)(3) to a minimum $50-per-month order based on the parent's actual income during the period in question, the agency will
(A) determine that arrears are not required to be paid on behalf of the additional child if the support amount set in the existing support order is equal to or more than $50 per month; or
(B) base the arrears on the difference between $50 per month and the support amount in the existing support order if the support amount in the existing support order is less than $50 per month.
(f) If the children of the relationship, including the additional child, are not all in the primary custody of one parent, the amount of arrears under (c)(2) of this section will be calculated as follows:
(1) the arrears will be calculated by applying the appropriate formula under Alaska Rule of Civil Procedure 90.3(a) or (b) based on the custody of the additional child alone, or the additional children together if there is more than one additional child, but using the incremental percentage increase in support related to the additional child or children only, as set out in Alaska Rule of Civil Procedure 90.3(a), and applying that increase to each parents' actual annual adjusted income for the periods for which arrears are established;
(2) if the existing support order requires one parent to pay support and the agency determines that the same parent would be the obligor for the additional child but that parent would be entitled under Alaska Rule of Civil Procedure 90.3(c)(3) to a minimum $50-per-month order based on the parent's actual income during the period in question, the agency will
(A) determine that arrears are not required to be paid on behalf of the additional child if the support amount set in the existing support order is equal to or more than $50 per month; or
(B) base the arrears on the difference between $50 per month and the support amount set in the existing support order if the support amount in the existing support order is less than $50 per month.
(g) If the existing support order is a default order, the agency will notify the noncustodial parent of the right to request that the order be set aside under AS 25.27.195 . If the noncustodial parent requests a review under AS 25.27.195 , the agency will issue a new support order that includes an additional child identified under (a) of this section. If the noncustodial parent fails to request a review under AS 25.27.195 , the agency will serve notice under (c)(1) of this section, but will not establish arrears under this section for the additional child unless the default order is based on the Male and Female Average Annual Wage Income by Age Group statistics provided by the Department of Labor and Workforce Development, or on similar wage statistics. If the default order is based on those statistics, the agency will establish arrears under (e) of this section using the statistical wage figure as the noncustodial parent's income.
(h) When establishing arrears under (c) of this section, the agency will calculate the support obligation under 15 AAC 125.070 for the first year of the period for which arrears are being established. For each year afterwards, the agency will determine whether a material change of circumstances occurred justifying a modification of the support amount for that year. For each year in which a material change of circumstances occurred, the agency will set the support obligation at the amount required under 15 AAC 125.070. For each year in which a material change of circumstances did not occur, the agency will set the support obligation at the amount set for the preceding year.
History: Eff. 6/15/2001, Register 158; am 4/1/2005, Register 173; am 4/15/2005, Register 174
Authority: AS 25.27.020
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Last modified 7/05/2006