Title 15 . Revenue

Chapter 125 . (Repealed)

Section 665. Requirements for forgiveness agreement

15 AAC 125.665. Requirements for forgiveness agreement

(a) Upon approval of the parent's application by the agency, the agency will send to the parent a forgiveness agreement. The parent must sign and return the forgiveness agreement to the agency within 30 days after it is mailed to the parent. If the parent fails to sign and return the forgiveness agreement to the agency within the required time, the agency will rescind its approval of the parent's application and will deny the application based on the failure to return the agreement. If a parent's application is denied under this section, the parent may contest the denial as provided in 15 AAC 125.660(d) .

(b) As part of a forgiveness agreement under this section, the parent must agree to

(1) make monthly payments, as calculated under 15 AAC 125.668, through income withholding unless the agency agrees under AS 25.27.020 (f)(1)(C) and 15 AAC 125.670 to an alternative payment arrangement; monthly payments that are made

(A) through income withholding must begin within 60 days after the parent is approved for the program unless the parent is enrolled in an employment training program in accordance with AS 25.27.020 (f)(1)(B), in which case the monthly payments through income withholding must begin within 30 days after the parent completes the employment training program; or

(B) under an alternative payment arrangement must begin within 30 days after the parent is approved for the arrears forgiveness program;

(2) promptly inform the agency of any changes in the parent's employment or income and provide the name and address of any employer for whom the parent works;

(3) promptly inform the agency of any changes in the parent's residence or mailing address;

(4) apply for a permanent fund dividend under AS 43.23 for each year in which the parent is or may be eligible to receive the dividend or provide the agency with information indicating that the parent is not eligible for the dividend; and

(5) if the parent was referred by a community-based organization under 15 AAC 125.650(a) (3)(A), comply with all requirements established by that organization for continuing participation in the organization's program until the parent has successfully completed the organization's program.

(c) As part of a forgiveness agreement under this section, the agency will agree

(1) to forgive the applicable percentage of the certified state debt as provided in 15 AAC 125.678, upon confirmation by the agency that the parent has complied with all requirements of the forgiveness agreement for the relevant reporting period;

(2) to suspend any action under AS 25.27.244 or 25.27.246 against the parent's driver's or occupational licenses as long as the parent remains in compliance with the forgiveness agreement and will release any license that it has already suspended upon receipt of the signed forgiveness agreement and the parent's first payment under that agreement;

(3) except as provided in 15 AAC 125.673, to suspend any enforcement actions to garnish or seize the parent's assets and property as long as the parent remains in compliance with the forgiveness agreement; and

(4) not to pursue any action for criminal nonsupport or civil or criminal contempt against the parent as long as the parent remains in compliance with the forgiveness agreement.

History: Eff. 4/1/2005, Register 173

Authority: AS 25.27.020