15 AAC 125.411. Contest of administrative attachment by third party

(a) Except for accounts maintained with a bank, credit union, or other financial institution, if an obligor or another person claims that property that the agency has seized under 15 AAC 125.410 is owned either in whole or in part by a person other than the obligor, the obligor or the other interested person may request the release and return of the property. A request for relief under this section must be made in writing and must be accompanied by proof of the obligor's and other person's ownership interest in the property.

(b) Upon receipt of a request for relief under (a) of this section, the agency may stop disbursement of the property or proceeds of the property obtained under 15 AAC 125.410, to the extent that the property or proceeds have not already been disbursed before the agency's receipt of the request for relief.

(c) Upon receipt of a request for relief under (a) of this section, the agency will send a notice of the request for relief by first class mail to the obligor, the custodial parent, and the person claiming an interest in the property. Any party may respond to the notice. The response must be in writing and must be postmarked or received by the agency within 30 days after the notice of request for relief is mailed to the party.

(d) The agency will issue an administrative review decision granting or denying the request for relief as soon as practicable after the time for response under (c) ]of this section. In the administrative review decision, the agency will state the extent to which it finds that the property belongs to the obligor and is to be applied to the support obligation. An administrative appeal is not available from an administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.

(e) Unless the property or proceeds of the property have already been disbursed, the agency will release to the co-owner or other interested person, other than the obligor, the property or proceeds found to belong to that person.

History: Eff. 6/15/2001, Register 158

Authority: AS 25.27.020

AS 25.27.140

AS 25.27.250

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