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(a) If an obligor or another person claims that an account that the agency has seized under 15 AAC 125.460 is jointly owned or that another person has an interest in the account, the obligor or the other interested person may request the release and return of the money in the account. 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 interests in the account, including copies of applications, signature cards, account statements, evidence of deposits and withdrawals, or other evidence establishing the extent of the obligor's interest in the account and the extent of the other person's interest in the account.
(b) Upon receipt of a request for relief under (a) of this section, the agency may stay disbursement of the money obtained from the account for which joint ownership or another person's interest is claimed, to the extent that the money has 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 to be a joint owner or to have an interest in the account. 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 money in the account 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 money has already been disbursed, the agency will release to the joint owner or other interested person, other than the obligor, the money found to belong to that person.
(f) If joint ownership of an account is established, the agency will apportion money among the joint owners in accordance with AS 13.33.211 .
History: Eff. 6/15/2001, Register 158
Authority: AS 25.27.020
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Last modified 7/05/2006