Alaska Administrative Code
Title 15 - Revenue
Chapter 125 - Child Support Enforcement
Article 8 - Arrears Forgiveness Program
15 AAC 125.658 - Eligibility based on failure to make voluntary payments
Universal Citation: 15 AK Admin Code 15 AAC 125.658
Current through August 30, 2024
(a) For the purpose of determining whether a parent has failed to make voluntary payments under 15 AAC 125.650(a) (3)(C), voluntary payments include
(1) payments by cash, check, money order, or
other negotiable instrument submitted directly to the agency by or on behalf of
the parent;
(2) payments by a
parent's employer through income withholding; and
(3) payments through the garnishment of
unemployment benefits.
(b) The agency will consider the following factors when determining whether a parent has actively avoided paying support under 15 AAC 125.650(a) (3)(C):
(1)
the parent has changed jobs shortly after a withholding order was served on the
parent's employer;
(2) the parent
has frequently changed residence or mailing addresses without notifying the
agency of the change;
(3) the
parent has transferred assets to a family member or friend for less than the
fair market value of those assets;
(4) the parent has worked for cash or other
forms of unreported income without making support payments;
(5) the parent has purchased high-priced
consumer items, such as jewelry, computer or electronic equipment, snow
machines, boats, airplanes, all-terrain vehicles, and recreational vehicles,
unless those items are essential to the parent's business or production of
income;
(6) the parent's lifestyle
exceeds the parent's reported income;
(7) the parent is employed by businesses
owned by the parent's friends or relatives and for which no or only minimal
income is reported;
(8) the parent
is not actively seeking employment or pursuing other sources of income that
could be used to pay child support;
(9) the parent has not applied for benefits
that could be used to pay support, including permanent fund dividends under AS
43.23, unemployment insurance, disability benefits, or other state or federal
benefits for which the parent might be eligible;
(10) the parent has intentionally concealed
assets or income.
(c) For the purpose of determining eligibility under 15 AAC 125.650(a) (3)(C), a parent does not currently have the ability to pay support as ordered if the parent can show that
(1) the support order includes
(A) pre-order arrears;
(B) arrears that accrued under a default
order;
(C) arrears that accrued
after the parent failed through excusable neglect to timely request a
modification of the support order when a material change of circumstances
occurred justifying a reduction in the support obligation; or
(2) the parent's earning ability
or ability to pay has been substantially reduced after the issuance of the
support order as a result of
(A) a significant
illness or disability that prevents the parent from working at any reasonable
employment;
(B) exceptional medical
expenses that are not reimbursed by insurance, Medicaid, or another government
program, or through private litigation;
(C) an accident or other disaster that
significantly affects the parent or an immediate family member of the parent;
or
(D) the parent living a
subsistence lifestyle without any local opportunity for employment.
Authority:AS 25.27.020
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