Current through August 30, 2024
(a) Except when the
agency determines that a parent is voluntarily unemployed or underemployed
under 15 AAC 125.060, the agency will
use the best information available, including any information available to it
through automated sources such as information maintained by the Department of
Labor and Workforce Development, to determine the parent's total income from
all sources for the periods for which support is to be paid.
(b) When the agency calculates arrears under
15 AAC 125.105, and except when
the agency determines that a parent is voluntarily unemployed or underemployed
under 15 AAC 125.060, the agency will
base the support calculation on the parent's actual total income for the period
for which support is being calculated. If the agency has
(1) complete information concerning the
parent's total income for a year for which support is being calculated, the
agency will use that information to calculate support for that year, even if
the parent worked less than full time or worked sporadically during the
year;
(2) limited information
concerning the parent's actual total income for a year for which support is
being calculated, the agency will estimate the parent's total income for that
year based on the parent's earnings in prior or subsequent years, job skills,
training, work history, and education, and the employment available in the area
where the parent physically resides or previously resided; or
(3) no information concerning the parent's
total income in a past year, the agency will base the support calculation on
the
(A) Male and Female Average Annual Wage
Income by Age Group statistics provided by the Department of Labor and
Workforce Development if the parent is 19 years of age or older and resides in
this state;
(B) federal minimum
wage as set out in 29 U.S.C.
206(a)(1) or minimum wage
where the party resides, whichever is greater, if the parent is 19 years of age
or older and resides outside of this state; or
(C) minimum $50-per-month support amount set
out in Alaska Rule of Civil Procedure 90.3(c)(3) if the parent is less than 19
years of age.
(c) When the agency calculates a parent's
ongoing support obligation under
15 AAC 125.100, and except when
the agency determines that a parent is voluntarily unemployed or underemployed
under 15 AAC 125.060, the agency will
base the support calculation on the total annual income that the parent is
likely to earn or receive when the child support is to be paid. To determine
the parent's expected annual income, the agency will use the best available
information, including
(1) the parent's
current income as of the date of the agency's calculation of support, as
reflected in recent pay stubs or other information from the parent or the
parent's employer;
(2) the parent's
actual income during the immediately preceding calendar year or, if the
parent's income is erratic or information is not available for the immediately
preceding calendar year, the parent's actual income during prior calendar
years;
(3) partial wage information
for periods of less than one year;
(4) the parent's wage rate at a previous
job;
(5) the parent's job skills,
training, work history, and education;
(6) the average wage or salary available to a
person in the parent's particular profession or occupation and, if applicable,
location;
(7) the availability of
employment in the area where the parent physically resides;
(8) the minimum wage for the area in which
the parent physically resides; and
(9) any physical or other restrictions on the
parent's ability to work.
(d) If the agency has none of the information
listed in (c) of this section for a parent, the agency will base the parent's
ongoing support calculation on
(1) the Male
and Female Average Annual Wage Income by Age Group statistics provided by the
Department of Labor and Workforce Development if the parent is 19 years of age
or older and resides in this state;
(2) the federal minimum wage as set out in
29 U.S.C.
206(a)(1) if the parent is
19 years of age or older and resides outside of this state;
(3) the minimum $50-per-month support amount
set out in Alaska Rule of Civil Procedure 90.3(c)(3) if the parent is less than
19 years of age.
(e)
When calculating income under this section, the agency will include in the
parent's estimated total income a
(1)
permanent fund dividend payable under AS 43.23, unless the evidence available
to the agency indicates that the parent is not eligible for a permanent fund
dividend; and
(2) dividend payable
by a corporation organized under
43 U.S.C.
1601 -
1629 h (Alaska Native Claims
Settlement Act), if evidence available to the agency indicates that the parent
is a member of or shareholder in that corporation.
As of Register 151 (October 1999), the regulations attorney
made technical revisions under
AS
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.
Authority:AS
25.27.020
AS 25.27.140
AS 25.27.160
AS 25.27.170
AS
25.27.200
