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(a) A parent is eligible to participate in the arrears forgiveness program if the parent
(1) owes a combined total state debt of at least $1,500 in one or more child support cases;
(2) owes
(A) an ongoing child support obligation to the custodial parent or the state; or
(B) child support arrears to the custodial parent;
(3) meets one of the following criteria:
(A) is referred to the program by a qualified community-based organization, as provided in 15 AAC 125.653;
(B) has been incarcerated for more than one year immediately before the parent's application to participate in the program and has no other means of paying support while incarcerated, as provided in 15 AAC 125.655;
(C) as provided in 15 AAC 125.658, has failed to make voluntary payments for at least 24 consecutive months immediately before the parent's application to participate in the program, and
(i) has not actively avoided paying support during those 24 consecutive months; or
(ii) does not currently have the ability to pay support at the amount previously ordered;
(4) submits an application under 15 AAC 125.660 and complies with all requirements for referral under 15 AAC 125.663;
(5) enters into a forgiveness agreement meeting the requirements of 15 AAC 125.665;
(6) has not been convicted of the crime of criminal nonsupport in this state or any other state; for purposes of this paragraph, notwithstanding the definition of "state" in 15 AAC 125.695, "state" has the meaning given in AS 01.10.060 (a); and
(7) has not previously enrolled in the arrears forgiveness program under 15 AAC 125.650 - 15 AAC 125.695 and been disqualified from the program due to failure to comply with a forgiveness agreement unless the agency determines that the parent had good cause for the parent's noncompliance, as provided in 15 AAC 125.683.
(b) Except for the requirements of (a)(2) of this section, a parent's eligibility under (a) of this section is determined as of the date the agency reviews the parent's application for approval under 15 AAC 125.660. If at any time during a parent's participation in the program the parent no longer meets the requirements of (a)(2) of this section, the agency will immediately terminate the parent's participation in the program, as provided in 15 AAC 125.685.
History: Eff. 4/1/2005, Register 173
Authority: AS 25.27.020
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Last modified 7/05/2006