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(a) The agency will give credit for in-kind contributions against an obligor's child support obligation if
(1) a tribunal of competent jurisdiction has ordered the in-kind contribution in lieu of the payment of child support; or
(2) the obligation is established by a support order, the parties agree in writing to allow credit for the in-kind contribution, and the parties agree in writing to the dollar value of the in-kind contribution.
(b) The agency will give credit for an in-kind contribution under (a)(2) of this section only once. After the first request and credit, the agency will inform the parents that additional credits will not be given for in-kind contributions under (a)(2) of this section. The agency will not give credit for an in-kind contribution under (a)(2) of this section for any period of time during which the child received public assistance or was in state-sponsored foster care or placement.
(c) To receive credit for an in-kind contribution under (a)(2) of this section, the obligor must provide clear and convincing evidence of the in-kind contribution and the dollar value of that contribution.
(d) A request for credit for an in-kind contribution must be made in writing and must be accompanied by the evidence required under (c) of this section. 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. The response must be postmarked or received by the agency within 30 days after the date the notice under this subsection is mailed.
(e) 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 (d) of this section. As necessary to determine the existence and dollar value of an in-kind contribution, 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.
(f) The agency will not include a provision for in-kind contributions in an administrative support order.
(g) If one of the parents identified in a support order described in (a)(1) of this section has applied for agency services or is receiving public assistance on behalf of the child, the agency will initiate a modification review under 15 AAC 125.316(b) .
(h) When the agency enforces an order issued by another state, the agency will
(1) forward the request to that state for determination of the credit if the agency is enforcing the order at the request of another state; or
(2) apply the law of that state to determine any credit for in-kind contributions if the agency is not enforcing the order at the request of another state.
History: Eff. 6/15/2001, Register 158; am 4/1/2005, Register 173
Authority: AS 25.25.604
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Last modified 7/05/2006