Alaska Administrative Code
Title 15 - Revenue
Chapter 125 - Child Support Enforcement
Article 6 - Administrative Enforcement - Income Withholding
15 AAC 125.550 - Modification of income withholding amount based on hardship
Current through February 27, 2024
(a) At any time after an order to withhold and deliver has been issued, an obligor may request that the order to withhold and deliver be modified based on evidence of hardship on the obligor or the obligor's family. In order to obtain a modification under this section, the obligor shall present clear and convincing evidence of the hardship that would result if the order to withhold and deliver were not modified.
(b) The agency may consider the following factors in determining whether, for purposes of this section, a hardship exists:
(c) In order to qualify for a modification based on hardship, the obligor must provide all information required by the agency to verify hardship or, if the information cannot be provided, must explain why the information is not reasonably available. The obligor must disclose the obligor's entire household assets, income, and expenses, including the assets, income, and expenses of each member of the obligor's household.
(d) In deciding whether to grant or deny a request under this section, the agency will consider the extent to which, in the agency's determination, the obligor has eliminated discretionary spending and has disposed of the obligor's non-essential assets. For purposes of making a determination under this subsection,
(e) The agency will grant or deny a modification requested under this section. If the agency grants a modification under this section, the agency
(f) Repealed 6/15/2001.
(g) An obligor may apply to extend a modification granted under this section beyond the period set under (e)(2) of this section. The agency will review an extension request in the manner that the agency reviews an initial request under this section.
(h) In deciding whether to grant or deny a request under this section, the agency will consider the obligor's history of applying for a permanent fund dividend under AS 43.23. The agency will not deny a request under this section solely because an obligor failed to apply for a permanent fund dividend in the past. However, the agency will not grant a request under this section unless the obligor agrees to
(i) A decision under this section is final for purposes of appeal to the superior court.
Authority:AS 25.27.020
AS 25.27.250