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An obligor may request an exemption from immediate income withholding under AS 25.27.062 (m)(1) when the agency is enforcing the obligor's support order. To obtain the exemption described in this section, the obligor shall submit a written request to the agency. In order to qualify for the exemption, the obligor
(1) shall agree to inform the agency of
(A) the obligor's current employer; and
(B) the availability of employment-related health insurance coverage for the children; and
(2) shall establish:
(A) that
(i) the agency or a court has reviewed and approved a written agreement between both parents and, if support is assigned to the state, the agency; the agreement must provide an alternative arrangement for immediate income withholding; and
(ii) withholding has not been terminated previously and subsequently been re-initiated; or
(B) that there is good cause not to require immediate income withholding because it would not be in the best interests of the child or children for whom support is sought and, if the matter involves the modification of a support order, the obligor has made voluntary support payments under a court or administrative order and has not been in arrears in an amount that is at least equal to the support payable for one month; in this subparagraph, "in arrears" means failing to make a support payment within 30 days of the monthly due date specified in the support order.
History: Eff. 10/1/98, Register 147
Authority: AS 25.27.020
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Last modified 7/05/2006