Sec. 15 AAC 125.800 - Agency services

ยง 15 AAC 125.800. Agency services

(a) The agency will provide child support services to a child, to the custodian of the child, to the noncustodial parent of the child, to any person owed child support under the law, or to a child support agency of another state. Except as provided in (b) of the section the agency will provide child support services

(1) if a written application for the agency's services has been executed and accepted;

(2) upon notification by the Department of Health and Social Services that the

(A) child is a recipient of public assistance under 42 U.S.C. 601 - 619 (Title IV-A of the Social Security Act);

(B) child is a recipient of Medicaid benefits, unless the parent requests medical support enforcement services only under (b) of this section; or

(C) state is incurring costs for a child in foster or institutional care;

(3) upon receipt of a petition or complaint under AS 25.25 (Uniform Interstate Family Support Act) or under the provisions of that act as enacted in another state, in accordance with 42 U.S.C. 651 - 669 b (Title IV-D of the Social Security Act); or

(4) upon notification by a tribal organization that the child is receiving benefits through a federally approved program under 42 U.S.C. 612 (direct funding and administration by Indian tribes).

(b) A custodian, non-custodial parent, or a child support agency of another state may request the following limited services:

(1) paternity establishment only;

(2) medical support enforcement only; a parent receiving Medicaid benefits may request medical support enforcement services only, but only if the parent is not also receiving public assistance under 42 U.S.C. 601 - 619).

(c) If a request is made under (b) of this section, the agency will provide only the limited services requested. The agency will not provide complete child support services unless, under (a) of this section, the agency receives an application for services, a notification by the Department of Health and Social Services, or a petition or complaint from another state.

(d) If complete child support services are being provided by the agency because of the payment of public assistance or Medicaid benefits under (a)(2)(A) or (a)(2)(B) of this section or because the child is in state-sponsored placement under (a)(2)(C) of this section and the payment of the benefits or the placement subsequently terminates, the agency will continue to provide complete child support services with respect to the child unless the custodial parent withdraws from services by filing a written withdrawal from services. An additional application is not necessary to continue complete child support services in the circumstances described in this subsection.

(e) Notwithstanding (a) or (b) of this section, when the agency is not enforcing the support order under (a) or (b) of this section, the agency will provide payment services only upon a request by an obligor or a custodial parent for immediate income withholding under 15 AAC 125.500(2) or 15 AAC 125.505(b). An application for services under (a) of this section is not necessary to commence payment services only in the circumstances described in this subsection. Payment services include the issuance of orders to withhold and deliver, the receipt and disbursement of payments, and the maintenance of records of those payments.

(f) The agency will reject an application for services made under (a)(1) of this section if

(1) the child for whom support is sought and the child's custodian are living with the parent from whom support is sought when the application for services is submitted to the agency;

(2) the child has already turned 18 when the agency receives the application and paternity has not yet been established for the child;

(3) the application is submitted by an unemancipated minor who is not living with a parent or with a legal guardian or caretaker relative;

(4) a support order is not in place and the youngest child for whom support is sought has already turned 19 when the agency receives the application;

(5) a support order is in place, and the youngest child subject to that order is more than 30 years old when the agency receives the application unless, within five years before the agency receives the application, the

(A) arrears have been reduced to judgment;

(B) applicant has received services from the agency or a child support agency of another state; or

(C) applicant has taken legal action to enforce the support order without the assistance of the agency or a child support agency of another state; or

(6) the application is submitted from another state for a foster care case not covered under 42 U.S.C. 670 - 679 c (Title IV-E of the Social Security Act).

(Eff. 10/1/98, Register 147; am 6/15/2001, Register 158; am 11/30/2002, Register 164; am 4/1/2005, Register 173; am 2/16/2013, Register 205)

Authority:AS 25.27.020

AS 25.27.100

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