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(a) Upon the request of a party or upon order of a tribunal of competent jurisdiction, the agency will offset child support arrears owed by one parent against child support arrears owed by the other parent for the same child if the
(1) arrears for which an offset is requested are owed to the parent against whom an offset is sought; and
(2) agency determines that an offset is in the best interest of the child.
(b) The agency will not grant an offset of arrears under (a) of this section against
(1) arrears owed to the state or to another state as reimbursement for public assistance, medical assistance, or state-sponsored foster care or placement; or
(2) the ongoing support obligation owed by the other parent for the same child.
(c) A request for an offset under (a) of this section must be submitted to the agency in writing. If a tribunal of competent jurisdiction issued an order requiring the requested offset, the request must be accompanied by a copy of that order. Upon receipt of a request for an offset under this section, the agency will send a notice of the request by first class mail to the nonrequesting parent and, if appropriate, to the child support enforcement agency of another state. The nonrequesting parent may file a response to the request for an offset within 30 days after mailing of the notice under this subsection.
(d) The agency will issue an administrative review decision granting or denying the request for an offset under this section as soon as practicable after the time for response under (c) of this section. As necessary to determine whether an offset is permissible under (a) and (b) of this section, the agency may request additional information from the parents or from any other source. An administrative appeal is not available from the administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.
History: Eff. 6/15/2001, Register 158
Authority: AS 25.27.020
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Last modified 7/05/2006