Title 15 . Revenue

Chapter 125 . (Repealed)

Section 610. Criteria for administrative review

15 AAC 125.610. Criteria for administrative review

(a) Upon receipt of a written request for administrative review under AS 25.27.244 (g) or AS 25.27.246 (f), the agency will review the obligor's child support file to determine whether the obligor is in substantial compliance with the support order or payment schedule. Based on that review, the agency will issue a written decision that includes a finding of whether the obligor is in substantial compliance with the support order or payment schedule.

(b) If, under (a) of this section, the agency determines that the obligor is not in substantial compliance with a support order or payment schedule, the agency will, in its discretion, consider the following factors to determine whether licensing action against the obligor's occupational license or driver's license is appropriate despite the determination that the obligor is not in substantial compliance with the support order or payment schedule under AS 25.27.244 (g) or AS 25.27.246 (f):

(1) the amount of the arrears owed by the obligor;

(2) whether a tribunal in another state is pursuing enforcement action against the obligor;

(3) the obligor's payment history, including the number of payments received in the past 12 months;

(4) whether the obligor has an active bankruptcy action pending;

(5) whether, under a valid custody order issued by a tribunal of competent jurisdiction, the obligor has physical custody of one or more of the children for whom support is sought;

(6) whether payments have been received from the state for unemployment compensation owed to the obligor;

(7) the obligor's income and other assets available to satisfy the support obligation;

(8) whether the obligor is eligible and has applied for a permanent fund dividend;

(9) the existence of a pending court or administrative action that could significantly affect the amount of the arrears;

(10) evidence of bad faith or intentional evasion of the obligor's support obligation, such as evidence of fraudulent transfers or intentional concealment of assets or income; and

(11) any other evidence that would tend to show the ability or willingness of the obligor to pay support voluntarily without licensing action, including evidence that the obligor has made the obligor's best efforts, as defined in 15 AAC 125.615, to pay the child support arrears.

(c) If, based on its review of the criteria set out in (b) of this section, the agency determines that licensing action is not appropriate because of the particular facts of the matter, the agency will, in its discretion, elect not to pursue further licensing action against the obligor.

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

Authority: AS 25.27.020

AS 25.27.244

AS 25.27.246