15 AAC 125.450. Referral for judicial orders to participate in appropriate work activities

(a) The agency will, in its discretion, review the circumstances of an obligor under an order of support to determine whether the matter is appropriate for referral to the Department of Law to request a court order under AS 25.27.020 (d) requiring the obligor to participate in appropriate work activities. Except as provided in (b) of this section, the agency will refer a matter to the Department of Law to obtain an order under AS 25.27.020 (d) if at least one of the following conditions is met:

(1) the obligor owes arrears in an amount that is equal to at least four times the monthly support obligation under the obligor's order of support; or

(2) if there is no longer an ongoing monthly support obligation, the obligor owes arrears greater than $1,000.

(b) The agency will, in its discretion, refuse to refer a matter to the Department of Law under the conditions described in (a) of this section if there is evidence in the file that:

(1) the obligor is incapacitated to a sufficient degree to prohibit the obligor from working; a medical doctor or other licensed or certified health care professional must verify an incapacity alleged under this paragraph and the fact that the incapacity is sufficient to prevent the obligor from being gainfully employed;

(2) the obligor is caring for a child under the age of two to whom the parents owe a joint legal responsibility;

(3) the obligor has made one or more voluntary payments in excess of the ongoing support obligation during the three months immediately preceding the agency's review under (a) of this section;

(4) the obligor has made one or more payments pursuant to an income withholding order issued by this or another state during the past three months immediately preceding the agency's review under (a) of this section;

(5) the obligor has entered into a payment agreement approved by the agency and is paying according to that agreement;

(6) the obligor has requested that the administrative enforcement action be suspended or modified based on evidence of unusual hardship under 15 AAC 125.435 and the agency has granted the request; or

(7) an order under AS 25.27.020 (d) to participate in appropriate work activities would not be appropriate given the obligor's particular circumstances.

(c) If there is evidence of a condition described in (a) of this section and no evidence that meets a circumstance set out in (b) of this section, and the agency determines that the facts support a request for an order under AS 25.27.020 (d), the agency will refer the matter to the Department of Law to take appropriate legal action to obtain an order under AS 25.27.020 (d).

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

Authority: AS 25.27.020 (d)

AS 25.27.080

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