15 AAC 125.870. Suspension or termination of ongoing support

(a) The agency will suspend the ongoing support accruing under an administrative support order issued under AS 25.27.160 for any periods of time during which the

(1) custodian of the child for whom support is sought is living with the parent identified as the obligor under the support order; or

(2) parent identified as the obligor has primary physical custody of the child, unless a valid custody order awards primary physical custody of the children to the other parent.

(b) If the parent identified as the obligor under the support order has primary physical custody of the children and has applied for the agency's services or is receiving public assistance on behalf of the children, the agency will initiate a modification review under 15 AAC 125.316(b) .

(c) Except as provided in (d) of this section, the agency will reinstate an order that has been suspended under (a) of this section if the conditions set out in (a)(1) or (a)(2) of this section are no longer met. If an order is reinstated under this subsection, the agency will not charge ongoing support for the period during which the support obligation was suspended under this section.

(d) The agency will terminate an administrative support order issued under AS 25.27.160 if the agency determines that the parties married each other after the order was issued. If an order is terminated under this subsection, the agency will stop charging the ongoing support obligation as of the date the parties were married. However, any arrears that accrued under the order before the date the parties married remains valid and enforceable. If the parties subsequently separate and the agency's services are requested under 15 AAC 125.800(a) , the agency will

(1) issue a new administrative support order under AS 25.27.160 if no other support order has been issued after the parties married each other; or

(2) enforce a support order issued by another tribunal after the parties married each other.

(e) When the agency suspends or reinstates an administrative support order under (a) or (c) of this section or terminates an administrative support order under (d) of this section, the agency will send a notice of the suspension, reinstatement, or termination to each parent. A parent may contest the notice by requesting an administrative review within 30 days after the date on which the notice was sent to the parent. The request must be in writing, state the specific reasons for the contest, and be accompanied by the documentation upon which the person requesting the review intends to rely. Upon receipt of a request for administrative review, the agency will mail a notice of the request to the nonrequesting parent. The nonrequesting parent may submit a response to the request for administrative review. The response must be postmarked or received by the agency within 30 days after the date the notice of the request was mailed to the nonrequesting parent.

(f) The agency will issue an administrative review decision on the suspension, reinstatement, or termination of the administrative support order as soon as practicable after the time for response by the nonrequesting parent. As necessary to determine whether suspension, reinstatement, or termination is appropriate, the agency may request additional information from the parents or from any other source. An administrative appeal is not available from the administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.

History: Eff. 6/15/2001, Register 158; am 4/1/2005, Register 173

Authority: AS 25.27.020

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