15 AAC 125.316 - Initiation of review of support orders
(a) The agency may
initiate a review of a support order at the request of a child support agency
of another state if
(1) the support order was
issued by or may be registered with a tribunal of this state under
AS
25.25.609,
25.25.615,
25.25.616, or
25.25.702 -
25.25.714; and
(2) a tribunal of this state has jurisdiction
to modify the order.
(b)
The agency may initiate a review of a support order at its own discretion if
(1) the support order was issued by or may be
registered with a tribunal of this state under
AS
25.25.609,
25.25.615,
25.25.616, or
25.25.702 -
25.25.714;
(2) at least one of the following conditions
is met:
(A) the support has been assigned to a
state;
(C) the existing support order does not
contain a provision for post-majority support to continue under the
circumstances described in
AS
25.27.061;
(D) the agency has reason to believe that the
parties to the relationship have an additional child of the relationship who is
not covered by the existing support order;
(E) the agency has reason to believe that a
court of competent jurisdiction has ordered a change in custody;
(F) other circumstances exist that may
justify a modification of the support obligation; and
(3) a tribunal of this state has jurisdiction
to modify the order.
(c)
Upon initiation of a review under (a) or (b) of this section, the agency will
send a notice of petition for modification and a request or an order for
production of financial and medical information under
15 AAC 125.040 by first class mail
or electronic means to each parent subject to the support order and, if
appropriate, to a child support enforcement agency of another state, except as
provided in
15 AAC 125.331.
(d) A review under this section of a support
order based on sole or primary custody, for which support was calculated under
Alaska Rule of Civil Procedure 90.3(a), is not necessary to adjust an
obligation in a circumstance described in this subsection. In place of the
review, the agency will reduce the support obligation to the next lower
obligation amount under the guidelines of Alaska Rule of Civil Procedure 90.3
or will suspend or terminate the support obligation if only one child was
covered by the order. Support may also be adjusted under the guidelines of
Alaska Rule of Civil Procedure 90.3(b), based on shared custody if the
percentage of custody remains unchanged, or for shared, divided, third-party,
or hybrid custody if the obligation can be determined under the terms of the
existing order. The provisions of this subsection apply to reduce a support
obligation for a child
(1) who has reached
legal age of majority or is considered under
15 AAC 125.873 to be
emancipated;
(2) for whom paternity
has been disestablished;
(3) who
has been adopted; or
(4) who has
died.
(e) In response to
a request under (a) of this section, the agency may require the party that asks
for the review to provide evidence that the child support award as calculated
under 15 AAC 125.070 and the child
support guidelines of Alaska Rule of Civil Procedure 90.3 is more than 15
percent greater or less than the support obligation that is set out in the
current support order. The agency will not require the party to provide proof
of a 15 percent change under this section if three years have elapsed since the
support order was issued or modified. A case will be reviewed every three
years, with or without evidence of a 15 percent change from the current support
obligation, if cash public assistance is being paid on behalf of the
child.
(f) If the agency receives a
request for review under (a) of this section or seeks to initiate a review
under (b) of this section and the agency determines that no tribunal within
this state has jurisdiction to modify the order under
AS
25.25.611 or
25.25.613, the agency will cease
its review and will refer the request for review to a child support agency
located within the state that the agency determines may have jurisdiction to
modify the order.
Notes
As of Register 199 (October 2011), the regulations attorney made a technical edit to 15 AAC 125.316(e) to correct for an obsolete cross-reference.
Authority:AS 25.25.401
AS 25.27.020
AS 25.27.045
AS 25.27.193
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