15 AAC 125.480. Credit for extended visitation

(a) If the support order includes a provision allowing an extended visitation credit, the obligor may request that the agency give credit for periods in which the obligor exercises extended visitation with the child for more than 27 consecutive days.

(b) If the support order provides a specific visitation period and the requested credit is for the specific visitation period ordered, the agency will grant the extended visitation credit upon receipt of written notification that the extended visitation is being exercised, subject to administrative review and reversal of the credit as provided in (d) of this section. The notification must specify the dates on which the extended visitation will begin and end. The extended visitation credit may be granted under this subsection before the completion of the extended visitation period.

(c) If the support order does not specify a certain period of extended visitation or the request for extended visitation credit is for a period other than the period stated in the order, a request for extended visitation credit must be made in writing and must be accompanied by evidence that the visitation has been exercised. An obligor may include as evidence

(1) written verification from the custodial parent that the visitation was exercised;

(2) school records showing the child's enrollment;

(3) day care receipts during the visitation period;

(4) affidavits from neighbors or relatives of the obligor or other persons with personal knowledge of the child's residence; and

(5) copies of airline tickets or other proof of transportation if the visitation occurred outside of the child's normal residence area.

(d) Upon receipt of a request for an extended visitation credit under (b) or (c) of this section, the agency will mail a notice of the request to the nonrequesting parent. The nonrequesting parent may submit a response to the request for extended visitation credit. The response must be postmarked or received by the agency within 30 days after the date the notice under this subsection was mailed. The agency will issue an administrative review decision granting or denying the request for extended visitation credit as soon as practicable after the time for response under this subsection. As necessary to determine whether extended visitation has been exercised, 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) In calculating the amount of the extended visitation credit, the agency will apply the percentage or dollar amount specified in the support order for the extended visitation credit. If a percentage or dollar amount is not specified in the support order, the agency will apply a credit of 50 percent of the monthly support obligation.

(f) If the extended visitation includes an entire calendar month, the agency will apply the percentage or dollar amount provided in (e) of this section to the monthly support obligation specified in the support order. If the extended visitation includes a portion of a calendar month, the agency will prorate the credit by the number of days included in the extended visitation period for that month. If the extended visitation credit does not include all of the children, the agency will apply the credit only against the support obligation attributable to each child for whom extended visitation was exercised.

(g) Nominal time with the custodial parent during the visitation period, including occasional overnights, does not defeat the visitation credit.

History: Eff. 6/15/2001, Register 158

Authority: AS 25.27.020

AS 25.27.200

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