Title 15 . Revenue

Chapter 125 . (Repealed)

Section 465. Credit for direct payments

15 AAC 125.465. Credit for direct payments

(a) The agency will give credit for direct payments against an obligor's child support obligation established by a support order if the obligor provides clear and convincing evidence that the payment was made to the custodial parent and that both parents intended the payment to be a direct payment of child support. Evidence of direct payments includes

(1) copies of the front and back of cancelled checks and money orders;

(2 bank statements indicating deposits or electronic funds transfers;

(3) receipts signed by the custodial parent; and

(4) signed, notarized statements by the custodial parent, the obligor, or a third party with personal knowledge of the direct payments.

(b) A request for credit for direct payments must be made in writing and must be accompanied by the evidence required under (a) of this section. Unless the agency finds that extraordinary circumstances justified the direct payments, the agency will accept only one request for credit under this section after the obligor has received notice, including notice under AS 25.27.120 (c) or a substantially similar law of another state, that payments must be made through the agency. The one request for credit permitted under this subsection is in addition to any credit that may have been given for direct payments if the agency established arrears under 15 AAC 125.105 or for direct payments made during periods when the agency was not enforcing the order.

(c) Upon receipt of a request for credit under this section, the agency will mail a notice of the request to the nonrequesting party. The nonrequesting party may submit a response to the request for credit for direct payments. The response must be postmarked or received by the agency within 30 days after the date the notice under this subsection was mailed.

(d) The agency will issue an administrative review decision granting or denying the request for credit under this section as soon as practicable after the time for response under (c) of this section. As necessary to determine the existence of a direct payment, the intent of the parents, or the existence of extraordinary circumstances under (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.

(e) If the agency grants the request for credit for direct payments and subsequently determines that as a result of the credit for direct payments, the agency has collected more than the support amount owed by the obligor, and if the agency has not yet disbursed the amount, the agency will refund to the obligor the amount collected in excess of the support obligation.

(f) Direct payments made after the obligor has received notice, under AS 25.27.120 (c) or a similar law of another state, that public assistance is being paid on behalf of the children will not be credited against arrears that have been assigned to this or another state as a public assistance reimbursement.

(g) When the agency enforces an order issued by another state, and is

(1) enforcing the order at the request of another state, the agency will forward the request to that state for determination of the credit; or

(2) not enforcing the order at the request of another state, the agency will apply the law of that state to determine any credit for direct payments.

History: Eff. 6/15/2001, Register 158; am 4/1/2005, Register 173

Authority: AS 25.25.604

AS 25.27.020

AS 25.27.140