15 AAC 125.460. Garnishment of accounts with financial institutions

(a) 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), the agency may issue an order to withhold and deliver to a bank, credit union, or other financial institution with which a child support debtor has an account. Unless the agency finds good cause based on unusual circumstances to issue an order to withhold and deliver, the agency will not issue an order to withhold and deliver under this section if the

(1) obligor owes an amount that is less than $1,000 under the child support order;

(2) obligor owes an amount that is less than four times the monthly support obligation under the support order; or

(3) agency has received notice that the obligor has an active bankruptcy action pending.

(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 or that a criterion set out in (a)(1), (a)(2), or (a)(3) of this section is met. In the notice the agency will also include any other information provided to the financial institution.

(c) The obligor may contest the order to withhold and deliver by submitting to the agency a written request for administrative review within 15 days after the notice is sent under (b) of this section. An obligor may contest the order to withhold and deliver on the grounds that the withholding is improper due to a mistake of fact or that a criterion set out in (a)(1), (a)(2), or (a)(3) of this section is met. 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 may 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. 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

AS 25.27.140

AS 25.27.250

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