Title 15 . Revenue

Chapter 125 . (Repealed)

Section 475. Credit for government benefits paid to child based on obligor's disability or retirement

15 AAC 125.475. Credit for government benefits paid to child based on obligor's disability or retirement

(a) An obligor may request that the agency give credit against the obligor's child support obligation for government benefits paid to or on behalf of the obligor's child as a result of the obligor's disability or retirement. In order to qualify for a credit under this section,

(1) the obligor must provide proof of payment of the benefits, including a statement from the government agency that paid the benefits, listing each payment made for each child for whom a credit is sought;

(2) the benefits must be paid to the custodial parent, unless the custodial parent agrees in writing to an alternative payment arrangement;

(3) the benefits must be paid as a result of the obligor's disability or retirement or the benefits must be otherwise attributable to the obligor; and

(4) the benefits must be paid for the child for whom the support credit is requested.

(b) Upon receipt of a request that complies with (a) of this section, the agency will give credit for the benefits as follows:

(1) for benefits paid on a monthly basis,

(A) the agency will credit the benefits paid in any given month against the ongoing support obligation for the month in which the benefits are paid;

(B) if the benefits paid in a given month exceed the ongoing support obligation for the month in which the benefits are paid, the excess benefits will be applied to any arrears that accrued before the month in which the benefits are paid; however, the excess benefits will not be applied to arrears that accrued before the month in which the benefits are paid if the arrears are owed to the state under AS 25.27.120 (a) or (b); and

(C) if the benefits paid in a given month exceed the ongoing support obligation for the month in which the benefits are paid and any arrears that accrued before the month in which the benefits are paid, other than arrears owed to the state under AS 25.27.120 (a) or (b), the excess benefits will be considered a voluntary payment, and that agency will not give credit will for the excess benefits;

(2) for benefits paid in a lump sum,

(A) the agency will credit the lump sum payment against the ongoing support obligation for the months that the lump sum payment is intended to cover;

(B) if the lump sum payment exceeds the ongoing support obligation for the months that the lump sum payment is intended to cover, the excess benefits will be applied to any arrears that accrued before the months that the lump sum payment is intended to cover; however, the excess benefits will not be applied to arrears that accrued before the months that the lump sum is intended to cover if the arrears are owed to the state under AS 25.27.120 (a) or (b); and

(C) if the lump sum payment exceeds the ongoing support obligation for the months that the lump sum payment is intended to cover and any arrears that accrued before the months that the lump sum payment is intended to cover, other than arrears owed to the state under AS 25.27.120 (a) or (b), the excess benefits will be considered a voluntary payment, and the agency will not give credit for the excess benefits;

(3) if the agency has collected support from the obligor in addition to the benefits paid to the child, the agency will apply the benefits to the obligor's support obligation as provided in (1) and (2) of this subsection; after applying those benefits to the obligor's support obligation as provided in (1) and (2) of this subsection, the agency will apply the amounts collected by the agency to any remaining ongoing support obligation and arrears owed by the obligor;

(4) the agency will not credit the benefits to the obligor's future child support obligation.

(c) Except as provided in (b) of this section, credit will be given for benefits under this section regardless of whether public assistance has been paid on the child's behalf during the period for which credit is sought under (a) of this section. If public assistance is paid on behalf of a child for whom credit is sought, the agency will send a notice to the Department of Health and Social Services, division of public assistance alerting the division to the payment of the benefits.

(d) Upon receipt of a request under (a) of this section, the agency will initiate a modification review under 15 AAC 125.316(b) .

(e) 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 government benefits paid to the child.

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