15 AAC 125.560. Modification of income withholding amount for reasons other than hardship

(a) At any time after the agency has issued an order to withhold and deliver, the agency will, in its discretion or at the request of a party or a child support enforcement agency of another state, review the order to determine whether the amount of the withholding should be modified to bring it into compliance with 15 AAC 125.540 and any other state or federal guidelines governing orders to withhold and deliver. Hardship is not a basis for review and modification under this section. The agency will, in its discretion, modify the amount of withholding under this section if any of the following events has occurred since the order to withhold and deliver was issued:

(1) the ongoing support obligation has been modified or terminated;

(2) a judgment for medical support or unreimbursed medical expenses has been entered;

(3) the support obligation has been adjusted as the result of an audit or other action by the agency or by a child support enforcement agency of another state; or

(4) the amount calculated under 15 AAC 125.540 is at least 30 percent more or at least 30 percent less than the amount that is set out in the existing order to withhold and deliver.

(b) If the agency determines that the amount of the order to withhold and deliver should be modified under (a) of this section, the agency will issue a modified order to withhold and deliver. The agency will serve the modified order to withhold and deliver on the person, political subdivision, or department of the state possessing the income in the manner provided for service of a lien under AS 25.27.240 . The agency will send a notice by first class mail or by electronic means to the obligor, the custodial parent, and, if appropriate, a child support agency of another state. The modified withholding amount is effective immediately upon service upon the person possessing the income to be withheld.

(c) Upon receipt of a notice served under (b) of this section, the obligor, the custodial parent, or a child support agency of another state may contest the amount of the modified order. A person seeking to contest the modified order to withhold and deliver shall file a written request for administrative review with the agency within 15 days after mailing of the amended withholding order. The request must state the specific reasons for the contest and be accompanied by all documents upon which the person requesting the review intends to rely. The agency may reject a request for administrative review if it does not comply with the requirements of this subsection. The agency will issue an administrative review decision as soon as practicable after receiving a request for administrative review under this subsection. If appropriate, the agency may request additional information from the person requesting the review or from any other party to the action.

(d) An administrative appeal is not available from the administrative review decision issued under (c) of this section.

History: Eff. 10/1/98, Register 147; am 4/1/2005, Register 173

Authority: AS 25.27.020

AS 25.27.250

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