Title 15 . Revenue

Chapter 125 . (Repealed)

Section 415. Voiding fraudulent property transfers

15 AAC 125.415. Voiding fraudulent property transfers

(a) When there is evidence to suggest that an obligor may have fraudulently transferred property in order to avoid paying child support, the agency will review the evidence and pursue further investigation, as the agency deems appropriate, to determine whether a prima facie case of fraud exists or whether there is otherwise sufficient evidence to establish a fraudulent transfer of property under AS 25.27.279 .

(b) In determining under (a) of this section whether a prima facie case of fraud exists or there is otherwise sufficient evidence to establish a fraudulent transfer of property under AS 25.27.279 , the agency will, in its discretion, consider any of the following:

(1) direct or indirect evidence of the obligor's intent to hinder, delay, or avoid the payment of child support, including the obligor's payment history and other conduct of the obligor while the obligor owed child support;

(2) if property was transferred, the value of the consideration received by the obligor was not reasonably equivalent to the value of the property transferred;

(3) if property was transferred, the transfer was made to a family member or relative of the obligor or a person with whom the obligor has a personal relationship;

(4) if property was transferred, the obligor retained possession or control of the property after the property was transferred;

(5) if property was transferred, the transfer was concealed;

(6) if property was transferred, the obligor had been sued or threatened with suit or other enforcement action by the agency or another interested party before the transfer was made;

(7) if property was transferred, the transfer was of substantially all the obligor's assets;

(8) the obligor absconded;

(9) the obligor removed or concealed assets;

(10) if property was transferred, the obligor was insolvent or became insolvent shortly after the transfer was made; or

(11) if property was transferred, the transfer occurred shortly before or shortly after the establishment of paternity or issuance of a child support order.

(c) If, after considering the criteria set out in (b) of this section, the agency determines that there is a prima facie case of fraud or otherwise sufficient evidence to establish a fraudulent transfer of property by an obligor, the agency will refer the case to the Department of Law to take appropriate legal action to void the property transfer, unless the agency determines that a settlement of the claim is in the best interests of the child support obligee.

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

Authority: AS 25.27.020

AS 25.27.279