1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
If the order does not specify otherwise the order duration is 18. It can be extended to age 19 or the date of graduation, whichever comes first, if unmarried and pursuing a high school diploma or equivalent level of technical or vocational training & residing with custodial parent, guardian or designee of the parent or guardian. The order will require modification to add Post Majority support language if not already in the order.
AS 25.20.010,AS 25.24.140(a)(3), 25.24.170(a)
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
18
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes, Limited support provisions for disabled children and other allowances as stated in the court order.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
The child is married according to law, unless the child is under the marriageable age of consent as defined in AS 25.05.171(a); is legally emancipated by a court or other tribunal of competent jurisdiction; or enters the United States armed forces.
http://www.akleg.gov/basis/aac.asp#15.125.873
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
No
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7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
Yes, Support obligations are adjusted in accordance with the language in the order. Orders issued in a state other than Alaska listing a flat rate amount of support will not automatically be adjusted. For Alaska orders established in accordance with 90.3, the obligation will be adjusted in accordance with 90.3 (as well as under 15 AAC 125.873)
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8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
No
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1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases.
Alaska Civil Rule 90.3
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes, 6% (AS 25.27.025)
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
Yes, (15 AAC 125.840)
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Yes. 6%
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes, if reduced to judgment.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
N/A, Alaska child support orders follow the child and payments can be redirected.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
Only if the paying parent is now the person with the child(ren) on TANF.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
No.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes, Only under Alaska Administrative orders.
15 AAC 125.870. Suspension or termination of ongoing support
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95%
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
AS 18.50.165.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
Yes.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
No.
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
N/A.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
A copy of CSEDs Paternity Order, copy of State of Alaska birth certificate, copy of CSEDs Paternity Witness Statement, copy of General Testimony. No cost to the requesting IV-D agency for copies.
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
State of Alaska CSED may be able to acquire copies of vital records with no cost passed along to other states. Fees may apply if a private individual or other state contact Health Analytics and Vital Records directly.
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9.1. Describe any circumstances under which these fees may be waived? |
If copies of vital records obtained by CSED are acceptable.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No.
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
N/A.
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
A separate Declaration in Support of Establishing Parentage in one packet.
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Alaska uses both administrative and judicial process to establish support obligations.
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
The administrative process is generally used to establish an order when a client applies for services and there is no existing order. AS 25.27.160 and 165.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
CSED rarely uses the judicial process to establish an order. The judicial process is most often used when parents seek a child support order without the assistance of the child support agency.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases.
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2.1. What documentation is required as proof/evidence of this information? |
In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal #1) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case.
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
The amount of child support due under Alaska's child support guidelines may be varied for "good cause upon proof by clear and convincing evidence that manifest injustice would result" if the amount due under the guidelines was not varied. 90.3 (c).
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes, Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the month the application for services was received. For cases with public assistance timeframes, the agency will establish arrears from the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier. 15 AAC 125.105
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal #1) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case. 15 AAC 125.105.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes.
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application for services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier. 15 AAC 125.105.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
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5.1. What about when public assistance is not being expended? |
No.
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
If the support order is issued from Alaska court, yes.. If the support order is an administrative order issued by CSED, no.
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1. What are specific sources of income not subject to withholding? |
Exempt funds such as TANF, SSI, VA disability and Native Dividends without an Alaskan court order specifically authorizing the garnishment of the Native Dividend. If the court order is obtained, the Native Dividends can only be paid to the custodian and not used for a State debt.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes.
15 AAC 125.540 - Calculation of monthly income withholding amount
(c) Unless state or federal law requires a lesser percentage, an order to withhold and deliver issued by the agency under AS 25.27.062 or AS 25.27.250 may not exceed 40 percent of an obligor's net disposable earnings, as defined in 15 U.S.C. 1672, unless the agency determines that there is good cause to increase the withholding amount. However, the withholding order may not exceed the percentages allowed under 15 U.S.C. 1673(b).
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
No.
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2.2. What are the withholding limits for non-employees? |
40%. Self-employment is withheld the same as employees.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
Employers may charge $5.00
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
Yes, Process server fees and genetic testing fees.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Yes.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
Withing 7 business days of the first pay period following receipt of the withholding order.
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6. When must an employer remit amounts withheld from an employee's pay? |
Within 7 business days of the first pay period following receipt of the withholding order.
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7. What are your state's sanctions for employers for not implementing income withholding? |
First step, Reminder Letter; Second step, Demand Letter; Third step, Seek Non-Compliance prosecution through the Department of Law.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
Could be liable for full amount of arrears and costs (penalty)
The state may seek damages for improper retention or payment of funds that should have been withheld, plus fines and attorney fees.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
We need to receive a Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record requesting assistance from our state.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
No.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
We need to receive a Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record requesting assistance from our state.
15 AAC 125.800 - Agency services
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10. How does a noncustodial parent contest an income withholding in your state? |
Request for Administrative Review.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
15 AAC 125.571 - Priorities for Withholding for Multiple Orders
(1) first, to the agency the amounts required to satisfy the monthly child support and spousal support obligation for the month in which the withholding occurs for each of the support orders subject to withholding;
(2) second, to the appropriate group health plan the amounts necessary to provide coverage for the children as required by each of the support orders subject to withholding for medical coverage; and
(3) third, to the agency the amounts required to satisfy the past-due child and spousal support obligations, interest, and fees, as provided in the income withholding orders. (b) Except as provided in 15 AAC 125.572, if the orders to withhold and deliver have been issued by two or more tribunals, the employer shall apply the following formula to determine the amounts that the employer shall withhold and deliver under each order:
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Federal, state, and local income tax
Social Security tax or the equivalent contribution to an alternate plan established by a public employer, and self-employment tax
Medicare tax
Mandatory union dues
Mandatory retirement or pension plans
Voluntary retirement or pension plan contributions up to 7.5% of total wages and self-employment income
Medical Insurance Costs
Cost of support for prior children in the home
Work-related childcare for children on case income is being calculated for
Child support owed for prior child(ren) that is required by court or administrative proceedings
Alimony for former spouses that is required by court or administrative proceedings and actually paid.
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13. When does your state require the employer to send notice of an employee's termination? |
Promptly after receiving notice of resignation from the employee or upon termination.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Cases with no or former assistance: current mso to family, then arrears, then former assistance, other state, then fees.
Cases with current assistance: current mso to state assistance, then arrears, then fees.
Cases owed to other state or tribal tanf: current mso to other state or tribal tanf, then arrears, then fees.
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
FIDM
UIB
PFDO
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
We need a transmittal 1, order, pay history and a CSENet for those we interface with.
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Arrears of $1,000 or more
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Experian, Transunion, Equifax
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
Yes, Client must dispute through the credit bureau
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes, If there is at least $150.00 owed to the state of Alaska or $500.00 owed to the custodial parent, the obligor is then reported for offset.
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes, There is no minimum. Any arrears that is owed and is a match
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
No
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes, $1,000 minimum
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
No
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Administrative
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Centralized
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17. What are the criteria to attach an account in a financial institution in your state? |
A minimum of 4 times the MSO or $1,000.
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
Transmittal 3 - Copy of order a certified pay record.
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20. Does your state's income withholding definition include amounts in financial institutions? |
No
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes, The state will notify the non custodial parent.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
It is according to each financial institutions policies.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
The State will hold assets during the challenge or appeal time frame. The State will hold for 25 days. (15 AAC 125.463 for joint accounts)
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
It is not different for joint accounts. 100 of assets is eligible for attachment.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
Submit a request for administrative review within 15 days.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
There must be a valid child support order. Other State orders musted be registered before we can enforce licensing. The amount owed is four times the monthly support obligation, and the arrears exceed $1,000. The noncustodial parent is not making payments under an income withholding order issued by the agency or a payment agreement. A good address is on file for the noncustodial parent
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
Upon receiving the initial payment and signed agreement, the caseworker will provide the obligor a copy of a release of license and an affidavit for reinstatement. The obligor will take the documents to the DMV and pay any additional fees in order to get the license reinstated.
Hardship exemption 15 AAC 125.630
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
No
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
There must be a valid child support order
Other State orders musted be registered before we can enforce licensing
The amount owed is four times the monthly support obligation, and the arrears exceed $1,000
The noncustodial parent is not making payments under an income withholding order issued by the agency or a payment agreement
A good address is on file for the noncustodial parent
All professional and occupational licenses
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
Upon receiving the initial payment and signed agreement, the caseworker will provide the licensing entity notification of reinstatement of license.
Hardship exemption 15 AAC 125.630
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
N/A
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
N/A
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No
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36. What are the criteria for initiating/filing a lien in your state? |
12 months of arrears or $2,500 in arrears, whichever is less.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Administrative
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes, both administrative and judicial procedures. The administrative procedure is used to seize funds, such as those found on a person, when they are arrested and held by the police. When seizing property such as construction equipment, airplanes or other personal property, a judgment is obtained for the amount of past due child support, then a writ of execution is obtained upon the property to be seized.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
No
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Race winnings
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40.1. If yes, is this enforcement judicial, administrative, or both? |
Administrative
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
Court Orders to collect retirement and ANCSA money
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every Three years. For administrative orders, 15 AAC 125.321(b)(2)(C). For judicial orders, 15 AAC 125.326(a)(4)
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2. What is your state's modification procedure? Briefly describe. |
The party requesting a modification of an administrative order issued by the agency must provide proof that a significant change in circumstances (a change of at least 15% +/-) has occurred before the agency will schedule a modification if the administrative order is less than three years old, or the agency has completed a review within the past three years. If the requesting party provides proof of a change of more than 15%, the agency will schedule and modify the administrative order. The agency does not modify orders issued by or registered in a court of this state at the request of a parent, they must petition the court at their own expense. The agency will modify an order issued by or registered in a court of this state if support is owed to the state, or another state (Interstate cases at the request of the other state), or other circumstances that may justify modification such as incarceration of the paying parent.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
A change of at least 15% from the present order
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
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4.4. The cost of living has changed. |
No
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes
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4.6. There has been a substantial change in childcare expenses. |
No
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
N/A
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes
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