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(a) The agency will, in its discretion, issue a temporary support order at any time after the initiation of administrative action to establish a support obligation under AS 25.25.401 if any of the conditions in AS 25.25.401 (b) has been met.
(b) Before issuing a temporary support order, the agency will serve the parties with a notice of intent to issue a temporary support order. The agency will serve the notice personally or by registered, certified, or insured mail, return receipt requested, for restricted delivery only to the person to whom the notice is directed or to the person authorized under federal law to receive that person's restricted delivery mail. The notice will include a notice of right to administrative review and a request for financial and medical information under 15 AAC 125.040.
(c) A party may object to the issuance of a temporary support order by submitting to the agency a request for administrative review within 10 days after service of the notice of intent to issue a temporary support order under (b) of this section. A request for administrative review must state with particularity the grounds for the request and must be accompanied by documentation supporting the request. Regardless of whether a party makes a request for administrative review, the parties shall submit financial information to the agency within 10 days after service of the notice of intent to issue a temporary support order if the information has not already been provided to the agency.
(d) If a party does not submit a request for administrative review within the time provided in (c) of this section, the agency will, in its discretion, issue a temporary support order effective immediately following the expiration of the 10-day period provided in (c) of this section.
(e) If a party submits a request for administrative review within the time provided in (c) of this section, the agency will send a notice of the administrative review to both parties by first class mail. Either party may submit written documentation to be considered by the agency during the administrative review. A party shall submit the written documentation within 10 days after the agency mails the notice of the administrative review to the parties.
(f) If, upon completion of the administrative review, the agency issues a temporary support order, the order is effective and enforceable immediately upon issuance. The administrative review decision is the agency's final administrative decision for purposes of further appeal. Either party may appeal the administrative review decision to the superior court, as provided in AS 25.27.210 - 25.27.220.
(g) The provisions of 15 AAC 125.118(c) - (f) regarding administrative reviews apply to proceedings under this section to the extent that those provisions are not inconsistent with a provision of AS 25.25.401 or this section.
(h) The agency will base its determination of the amount of support under a temporary support order on any financial information readily available to the agency at the time the order is issued, including any information provided by the parties or available through government agencies. However, if financial information is not readily available to the agency at the time the order is issued, the agency will base the amount of support under the temporary support order on the Male and Female Average Annual Wage Income by Age Group statistics, provided by the Alaska Department of Labor and Workforce Development, that are most current at the time of calculation of the support obligation and that are most comparable to the sex and age of the obligor, or on other information appropriate in a particular case.
History: Eff. 10/1/98, Register 147
Authority: AS 25.25.401
AS 25.27.020 (a)
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
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Last modified 7/05/2006