Current through August 30, 2024
(a) An obligor may request that the agency
give credit against the obligor's child support obligation for government
benefits paid to or on behalf of the obligor's child as a result of the
obligor's disability or retirement. In order to qualify for a credit under this
section,
(1) the obligor must provide proof
of payment of the benefits, including a statement from the government agency
that paid the benefits, listing each payment made for each child for whom a
credit is sought;
(2) the benefits
must be paid to the custodial parent, unless the custodial parent agrees in
writing to an alternative payment arrangement;
(3) the benefits must be paid as a result of
the obligor's disability or retirement or the benefits must be otherwise
attributable to the obligor; and
(4) the benefits must be paid for the child
for whom the support credit is requested.
(b) Upon receipt of a request that complies
with (a) of this section, the agency will give credit for the benefits as
follows:
(1) for benefits paid on a monthly
basis,
(A) the agency will credit the benefits
paid in any given month against the ongoing support obligation for the month in
which the benefits are paid;
(B) if
the benefits paid in a given month exceed the ongoing support obligation for
the month in which the benefits are paid, the excess benefits will be applied
to any arrears that accrued before the month in which the benefits are paid;
however, the excess benefits will not be credited to arrears that accrued
before the months that the benefits are intended to cover;
(C) repealed 2/16/2013;
(2) for benefits paid in a lump sum,
(A) the agency will credit the lump sum
payment against the ongoing support obligation for the months that the lump sum
payment is intended to cover;
(B)
if the lump sum payment exceeds the ongoing support obligation for the months
that the lump sum payment is intended to cover, the excess benefits will not be
applied to any arrears that accrued before the months that the lump sum payment
is intended to cover; and
(C) if
the lump sum payment exceeds the ongoing support obligation for the months that
the lump sum payment is intended to cover and any arrears that accrued before
the months that the lump sum payment is intended to cover, the excess benefits
will be considered a voluntary payment, and the agency will not give credit for
the excess benefits;
(3)
if the agency has collected support from the obligor in addition to the
benefits paid to the child, the agency will apply the benefits to the obligor's
support obligation as provided in (1) and (2) of this subsection; after
applying those benefits to the obligor's support obligation as provided in (1)
and (2) of this subsection, the agency will apply the amounts collected by the
agency to any remaining ongoing support obligation and arrears owed by the
obligor;
(4) the agency will not
credit the benefits to the obligor's future child support obligation.
(c) Credit will be given for
benefits under this section regardless of whether public assistance has been
paid on the child's behalf during the period for which credit is sought under
(a) of this section. If public assistance is paid on behalf of a child for whom
credit is sought, the agency will send a notice to the Department of Health and
Social Services, division of public assistance alerting the division to the
payment of the benefits.
(d) Upon
receipt of a request under (a) of this section, the agency will initiate a
modification review under
15 AAC 125.316(b).
(e) When the agency enforces an order issued
by another state, and is
(1) enforcing the
order at the request of another state, the agency will forward the request to
that state for determination of the credit; or
(2) not enforcing the order at the request of
another state, the agency will apply the law of that state to determine any
credit for government benefits paid to the child.
Authority:AS
25.25.604
AS 25.27.020
AS
25.27.140
