15 AAC 125.572. Priorities for withholding; exception

(a) A parent may request an exception to the withholding priorities set out in 15 AAC 125.570 and 15 AAC 125.571 in order to give priority to the monthly amount necessary to ensure health care coverage for the children under 15 AAC 125.426. If an exception is granted under this section, an employer shall first withhold from the obligor's income the amount necessary to forward to the employment-related group health plan to ensure coverage of the children under 15 AAC 125.426. After withholding that amount, the employer shall follow the priorities established by 15 AAC 125.570 and 15 AAC 125.571.

(b) A request for an exception under this section must be in writing, state the specific reasons for the request, and be accompanied by the documentation upon which the parent intends to rely. The agency will conduct an administrative review within 20 days after it receives the written request. 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.

(c) A request for an exception to the withholding priorities will be granted if the agency determines, based on all of the circumstances and after consultation with both parents, that the exception is in the best interests of the child. As a part of the administrative review, the agency will consider the medical needs of the child, the possibility that health care coverage will be intermittent if an exception is not granted, and any agreement of the parents relating to health care coverage.

(d) If an exception is granted under this section and an employer is required to withhold amounts from the obligor's income, the agency will promptly notify the employer that an exception has been granted and of the new priorities to be followed by the employer with respect to the withholding of income.

History: Eff. 11/30/2002, Register 164

Authority: AS 25.27.020

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