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(a) The agency will charge the obligor interest on unpaid child support commencing on the last day of the first month following the date on which the child support payment became due. The agency will continue to charge interest on unpaid child support on the last day of each month thereafter until the child support is paid. The interest calculation for a given month is based on the amount of the child support arrears owed on the last day of the month immediately preceding the month for which interest is being calculated, less any payments received during the month for which interest is being calculated.
(b) If the support order was issued by a tribunal of another state, the agency will charge the obligor interest on unpaid child support under (a) of this section only if the state in which the support was issued has the statutory authority to charge interest and is currently charging interest on the arrears.
(c) The rate of interest charged under (a) of this section is
(1) the rate specified in AS 25.27.025 , if the support order was issued by an Alaska court or by the agency; or
(2) the interest rate specified in the law of the state that issued the support order, if the support order was issued by a tribunal in another state.
(d) For the purpose of determining the amount of interest to be charged under (a) of this section, the date of receipt of a payment by the agency is the date the payment is actually received in the office of the agency, whether the payment is made by mail, in person, or otherwise. The agency will enter the date of receipt of the payment in the agency's computerized accounting records.
(e) The agency will disburse the proceeds received from the interest charged under this section
(1) to the obligee;
(2) to the state when applicable under AS 25.27.120 ; or
(3) to another state if that state has paid public assistance on behalf of the obligee.
(f) If the right to receive child support
(1) has been assigned to the state, the agency will, in its discretion, enter into a written agreement with the obligor to waive interest on arrears;
(2) has been assigned to a governmental entity of another state or has not been assigned, the agency will, in its discretion, enter into a written agreement with the obligor to waive interest only upon the written approval of the obligee or the child support enforcement agency of the state to which the support has been assigned.
History: Eff. 10/1/98, Register 147
Authority: AS 25.25.604
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Last modified 7/05/2006