15 AAC 125.505. Initiated income withholding

(a) If the agency is enforcing a support order that does not include an immediate income withholding order, the agency will initiate income withholding under AS 25.27.150 if:

(1) the obligor's support payments are in arrears in an amount that is at least equal to the support payable for one month;

(2) the obligor requests income withholding; or

(3) the custodial parent requests income withholding and the agency approves the request because

(A) the obligor's payments have been more than 10 days overdue at least two times during the preceding 12 months; or

(B) the agency has reason to believe that the obligor might withdraw assets to avoid payment of support.

(b) If the agency receives a support order that does not include an immediate income withholding order and the order is not being enforced by the agency, the agency will initiate income withholding under AS 25.27.150 if

(1) the obligor requests income withholding; or

(2) the custodial parent requests income withholding and the agency approves the request because the obligor's payments have been more than 10 days overdue at least two times during the preceding 12 months.

(c) The agency will initiate income withholding under (a) or (b) of this section by sending the obligor a notice that income withholding has commenced. The notice must comply with the requirements of AS 25.27.150 (c) and must be served in the manner required by AS 25.27.150 (a). The notice must also state the basis for the agency's initiation of income withholding under (a) or (b) of this section.

(d) The obligor may contest income withholding initiated under this section by submitting to the agency a written request for administrative review within 15 days after mailing of the notice under (c) of this section. The sole basis for contesting the income withholding is that there is a mistake of fact that makes the income withholding improper for any of the following reasons:

(1) the amount of current or overdue support is incorrect;

(2) the identity of the obligor is inaccurate; or

(3) if income withholding was initiated under (a)(3) or (b)(2) of this section, the alleged facts regarding overdue payments or potential withdrawal of assets are incorrect.

(e) The agency will conduct an administrative review within 15 days after receipt of the request for administrative review. The agency will issue an administrative review decision as soon as practicable after the administrative review is completed. If appropriate, the agency will, in its discretion, request additional information from the obligor or from any other party to the action.

(f) On receipt of the administrative review decision under (e) of this section, the obligor may request a formal hearing. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals under this subsection.

(g) The agency will, in its discretion, issue an order to withhold and deliver income under AS 25.27.250 at the same time or at any time after service of the notice that income withholding has commenced. The agency will issue the order within two business days after the agency receives information regarding the identity and location of the obligor's employer.

History: Eff. 10/1/98, Register 147

Authority: AS 25.27.020

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