15 AAC 125.410. Administrative attachment of property other than income

(a) Except as otherwise provided in AS 25.27 or in another section of this chapter, whenever the agency has reason to believe that a person, political subdivision, or department of the state possesses property that is due, owing, or belonging to an obligor, the agency will, in its discretion, at any time after the initiation of administrative enforcement under 15 AAC 125.405 or upon the request of a child support enforcement agency of another state under 42 U.S.C. 666(a)(14), issue and deliver to the person, political subdivision, or department an order to withhold and deliver any real or personal property, other than income, belonging to the obligor. An order to withhold and deliver issued under this section remains effective for the period stated in the order to withhold and deliver or until the support obligation, including arrears and any future support obligation, has been fully satisfied, whichever is earlier.

(b) Upon issuance of an order to withhold and deliver under (a) of this section, the agency will send a notice to the obligor by first class mail or by electronic means that the order to withhold and deliver has been issued and of the procedures to follow if the obligor wishes to contest the withholding on the grounds that the withholding is improper due to a mistake of fact. The notice must also include any other information provided to the person to whom the order to withhold and deliver was issued.

(c) The obligor may contest the withholding under the order to withhold and deliver by submitting to the agency a written request for administrative review within 15 days after mailing of the notice under (b) of this section. The sole basis for contesting the withholding is that the withholding is improper due to a mistake of fact. The request must state the specific reasons for the contest and be accompanied by all documents upon which the person requesting the review intends to rely. The agency will, in its discretion, reject a request for administrative review if it does not comply with the requirements set out in this subsection. The agency will issue an administrative review decision as soon as practicable after receiving the request. If appropriate, the agency may request additional information from the person requesting the review or from any other source.

(d) An administrative appeal is not available from the administrative review decision issued under (c) of this section.

(e) The agency will continue the withholding under the order to withhold and deliver even if the obligor contests the withholding under (c) of this section. The agency may not stay the withholding for collection of arrears unless the obligor posts with the agency security or a bond in an amount sufficient to secure payment of past support conditioned upon final determination of the contest. The agency will continue to collect and disburse the ongoing support obligation regardless of posting of a bond or security under this subsection.

History: Eff. 10/1/98, Register 147

Authority: AS 25.27.020 (a)

AS 25.27.140

AS 25.27.250

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