Title 15 . Revenue

Chapter 125 . (Repealed)

Section 845. Cultural adoptions

15 AAC 125.845. Cultural adoptions

(a) If a matter involves an Indian child or children covered by a cultural adoption resolution, the agency will recognize the cultural adoption resolution issued by the governing body of the Indian child's tribe, as that term is defined in 25 U.S.C. 1903(5). The effective date of the cultural adoption is the date on which the Bureau of Vital Statistics issues a new birth certificate under 7 AAC 05.700(b) based on the cultural adoption.

(b) Upon receipt of a new birth certificate issued by the Bureau of Vital Statistics based on a cultural adoption, the agency will suspend the obligor's ongoing monthly support obligation for the child or children covered by the cultural adoption and will eliminate from its accounting any arrears that accrued against the obligor under the suspended ongoing monthly support obligation on or after the effective date of the cultural adoption. The agency will continue to enforce collection of the child support arrears that accrued against the obligor under the suspended ongoing monthly support order before the effective date of the cultural adoption.

(c) If, as a result of the cultural adoption, the agency has collected support in excess of the amount that accrued before the effective date of the cultural adoption, the agency will first determine whether the obligor owes support for a child or children other than the child or children covered by the cultural adoption and will then determine whether a refund is appropriate as follows:

(1) if the agency determines that the obligor owes support for a child or children other than the child or children covered by the cultural adoption and the excess support collected by the agency was retained by the state as reimbursement for public assistance paid on behalf of the child or children covered by the cultural adoption, the agency will apply any support that has been collected by the agency that is in excess of the amount owed for a child or children covered by the cultural adoption to any amounts owed to the state as reimbursement for public assistance paid on behalf of the other child or children before repaying any money received as payment of child support to the obligor;

(2) if the agency determines that the obligor owes support for a child or children other than the child or children covered by the cultural adoption and the support for the other child or children is owed to the same person to whom the excess support was paid, the agency will apply any support that has been collected by the agency in excess of the amount owed for a child or children covered by the cultural adoption to any amounts owed on behalf of the other child or children before repaying any money received as payment of child support to the obligor;

(3) if the agency determines that the obligor owes support for a child or children other than the child or children covered by the cultural adoption and the support has not yet been disbursed by the agency, the agency will apply the excess support that has been collected but not yet been disbursed by the agency to any amounts owed on behalf of the other child or children before repaying any money received as payment of child support to the obligor.

(d) Under a support order for a child or children that are covered by a cultural adoption, upon the obligor's payment of all arrears owed for periods before the effective date of the cultural adoption, the agency will close its case with respect to the child or children covered by the cultural adoption. However, if the support order in question covers another child or other children who are not the subject of the cultural adoption, the agency will continue to collect child support payments for the remaining children covered by the support order.

(e) If the agency is in the process of establishing a support order for a child or children who are the subject of a cultural adoption and the support order is not yet final when the agency receives the birth certificate issued by the Bureau of Vital Statistics under 7 AAC 05.700(b) , the agency will issue an administrative review decision that concludes the process of establishing the support order and will close its case with respect to the child or children covered by the cultural adoption.

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

Authority: AS 25.27.020