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NOTICE OF PROPOSED CHANGES IN THE

REGULATIONS OF THE CHILD SUPPORT SERVICES DIVISION

The Child Support Services Division proposes to adopt regulation changes in Title 15 AAC 125 of the Alaska Administrative Code, dealing with paternity and support order reviews and enforcement remedies, including the following:

Article 1. Calculation of Child Support Awards in Administrative Establishment or Review Proceedings.

15 AAC 125.050 is repealed and readopted.

Changes define how the monthly support obligation for arrears is arrived at if the income information is available, income information is limited or no information is available.

Income sources used to calculate the on-going support amount are more clearly defined, as are the factors that are considered when future ongoing support is calculated.

Article 2. Administrative Establishment of Child Support Orders

15 AAC 125.105 will be amended to change subsection (a) and add subsection (d), (e) and (f) to

Changes in (a) allows an exception to the arrears effective date timeframes when a vacate/default order is done.

(d) defines how direct pay credits and in kind contributions will be applied when calculating arrears and if credits will be applied to future support.

(e) requires that a year by year calculation is done and the 15% material change be applied.

(f) defines the exception added in (a) above.

15 AAC 125.121 (c) and (i) are amended to clarify

  1. that the review will simply be ceased.

  1. the effective date of the default

 

15 AAC 125.121 is amended to include a new subsection (j)

  1. this subsection, which was formerly part of (a), explains the definition of default income and what is not default income for the purposes of qualifying for a default review.

Article 4. Review and Adjustment of support obligations

 

15 AAC 125.316(a) and (b) are repealed and readopted to

  1. clarify when the agency will initiate a review of a support order.

  2. add additional subparagraphs under (2) to include a Post Majority clause, a clause on adding a child to an existing support order, and a clause on change in custody situations.

15 AAC 125.316 (d) and (e) are amended to

(d) clarify that if the child support obligation was calculated under 90.3(a) a review is not needed to lower the monthly support obligation to the next appropriate level when a child stated in the order emancipates, dies, etc.

  1. add the federal requirement that a 15% change is not required when the order has not been reviewed or modified in 3 years. (to comply with Federal requirement)

 

15 AAC 125.316 is amended by adding a new subsection (f)

  1. Action to take when the agency does not have jurisdiction to proceed with a review.

15 AAC 125.321 is amended by adding a new subsection (c) to

(c) clarify that a 15% change is not required if more than three years have elapsed since the support order was issued or modified.

 

15 AAC 125.326 is amended to

  1. add subparagraph (4) to allow a review if the order has not been modified or reviewed in the last 3 years.

  2. eliminate the requirement to send a "notice of proposed adjustment" when the case meets the criteria. This proposed adjustment notice will be done when the "Motion" is filed.

(d) add wording from subsection (b) and reword to clarify language.

15 AAC 125.331 is amended to

Add provisions for an expedited Post Majority Support process similar to the expedited medical modification process, which does not require a "Notice".

15 AAC 125.335 (a) and (d) are amended to

  1. clarify when the automated review method is appropriate (as allowed under 316 (a) or (b)).

  1. remove the requirement of sending a Notice of Action Taken when the modification process is accomplished through the judicial process.

    2. 15 AAC 125.340 (e) and (f) are repealed and readopted

  2. clarifies the arrears calculation process when adding another child to an existing support order (which is to use the incremental percentage under 90.3);

  3. Clarifies the arrears calculation issue if the existing order is a $50.00 minimum order.

 

15 AAC 125.340 is amended by adding a new subsection (h)

(h) requires that a year by year calculation is completed and the 15% material change be applied, (addresses the Duffus Decision).

 

Article 5. Administrative Enforcement - General

15 AAC 125.405 is amended to add a new subsection (c)

(c) allows a parent to contest the amount of arrearages being added to their case following an application for services. It identifies the procedures including the time frames and evidence to support the contest. It also requires the agency to issue a decision based on the information provided.

15 AAC 125.426 is amended by adding a new subsection (h)

(h) that requires employers to maintain the National Medical Support Notice (Medical Withholding Order) for three years.

 

15 AAC 125.432 (e) is amended to

(e) clarify that the effective date of a medical credit will be the date the coverage was actually made available to the child/ren.

 

15 AAC 125.435 is amended to clarify the paragraph.

Clarifies that the support order will not be suspended under the hardship criteria.

15 AAC 125.465(a), (b) and (g) are amended to

  1. allow the non custodial parent to use money orders as proof of direct payments.

  2. clarify that notice under AS 25.27.120(c), or similar law from another state, determines if a direct pay credit will be granted more than once.

(g) clarify that when the agency is enforcing an order issued by another state, at the request from another state, the agency must forward the request for direct pay credit to the other state. If the agency is enforcing an order issued by another state but not enforcing it at the request of another state Agency must apply the laws of that state to determine if they can grant the credit.

 

AAC 125. 470(h) is amended to

(h) clarify which state law applies to requests for in kind credits.

15 AAC 125.475(b) and (e) are amended to

  1. clarify that the agency will not credit Children’s Insurance Benefits to the obligor’s future child support.

  1. clarify the procedure for responding to the request for credit for Children’s Insurance Benefit when another state is involved.

 

Article 6. Administrative Enforcement – Income Withholding

 

15 AAC 125.560 (b) and (c) are amended to

(b) require that a notice be sent to the parent and, if appropriate, a child support agency of another state, if the agency modifies a withhold and deliver.

  1. clarify that upon receipt of the notice referred to in (b), any party may contest amount of the modified order.

 

Article 7. Licensing Actions

15 AAC 125.605 (a) is amended to

  1. include payment schedules in effect under statutory authority AS 25.27.244 (a) and AS 25.27.246 (a).

 

15 AAC 125.615 is amended to

define "discretionary spending".

15 AAC 125.620 is amended to

give the agency the ability to base payment agreements on the obligor's ability to pay rather than the amortization charts.

 

 

15 AAC 125.635 is amended to

change the statutory reference for revocation of release of occupational licenses requirements from statute AS 25.27.246 to AS 25.27.244.

15 AAC 125 is amended to add new subsection 15 AAC 125.636 to

include provisions for the immediate revocation of an obligor’s licenses if they are no longer in substantial compliance with their order or the negotiated payment schedule.

Article 8. Arrears Forgiveness Program

15 AAC 125.650-695 Added

Defines the Child Support Services Division’s (CSSD) program for the forgiveness of child support arrears owed to the State of Alaska for past Public Assistance debts by the Obligor parent and the process for these obligors to participate in the program.

15 AAC 125.650 – 658 Added

Defines the eligibility requirements for entry into the forgiveness program.

15 AAC 125.660 Added

Establishes the application process and identifies information required to be considered for entry into the program.

15 AAC 125. 663 Added

Establishes the process Child Support Services will use to review each application for referral for a modification of the child support order if needed.

15 AAC 125.665 and 668 Added

Defines the requirements for the agreement between the obligor parent and Child Support Services concerning calculation of payments, how payments are to be made, and requirements concerning any Community Based Organization program the obligor parent may be participating in.

 

15 AAC 125.670 Added

Identifies what Child Support Services may consider as an alternate payment arrangement. Defines under what circumstances the agency will agree to an alternate payment arrangement.

15 AAC 125.673 Added

Defines what enforcement actions will continue while the parent is participating in the Arrears Forgiveness Program and how the agency will apply money collected while using these enforcement methods.

15 AAC 125. 675 Added

Defines how the agency will certify the arrears owed once the parent has been approved for participation in the Arrears Forgiveness Program.

15 AAC 125.678 Added

Sets out the schedule for the forgiveness of the arrears certified for this program.

15 AAC 125.680 Added

Defines the notice process when an obligor parent is found in non-compliance with the forgiveness agreement.

15 AAC 125.683 Added

Defines the circumstance under which good cause may be found for failure to comply with the forgiveness agreement.

15 AAC 125.685 Added

Defines the circumstances when the participation of a parent in the forgiveness program will be terminated.

15 AAC 125.695 Added

Definitions used in 15 AAC 125.650 -685.

 

 

Article 9 (Re-numbered) Administrative Actions Under the Uniform Interstate Family Support Act.

15 AAC 125.720 (d) is amended to

  1. (2) add wording to clarify that a signed acknowledgment of paternity establishes parentage based upon on the law of the state where it was completed.

(d) (3) add wording to define that a support order must be entered by a court or other entity having such authority to require a putative father to pay child support.

15 AAC 125.730 is amended to

Allow the agency to continue the modification process if the Notice of Petition was sent to the party or parties prior to the party moving out of Alaska's jurisdiction. This will eliminate parties avoiding a modification action by moving to a new state after the Notice is generated.

Article 10 (Re-numbered) Miscellaneous Provisions

15 AAC 125.800 (a), (b), (c) and (d) have been amended to

  1. add wording to include an exception for parents who want to opt out of cash support but want Medical Enforcement only.

(2) B. Add a provision which allows parents to request limited services of medical enforcement only.

    1. Add the provision to provide services to a tribal organization once the tribal organization notifies the agency the child or children are receiving benefits through a Tribal Temporary Assistance to Needy Families program.

(4) (b) (2) Add the provision for parents to request Medical Enforcement only but only if the parent is not receiving cash support from public assistance.

(4) (c) Add an additional provision indicating that the Agency will only provide limited services to a parent receiving Medicaid only if the parent requests Medical Enforcement only.

(d) Add the provision in (a)(2)(B) and (a)(2)(C) above.

 

 

 

 

15 AAC 125.800 (f) is amended to

(f) clarify that the agency will reject an application for services if a child is already eighteen years of age when the agency receives the application and paternity has not been established, or, there is no support order and the child is already nineteen years of age when the agency receives the application.

15 AAC 125.870 (c) amended to

(c) include reference to new section in 15 AAC 125.870 (d) pertaining to parties married to each other and reinstatement of ongoing support.

15 AAC 125.870 is amended by adding new subsections (d), (e) and (f) to

(d) clarify the effect on administrative orders when the parties marry. Specifies when an administrative review is available.

  1. specify when parties may request an administrative review following the agency’s decision to suspend, terminate or reinstate an administrative order.
  2. specify that the agency will issue a decision on a party’s administrative review request and that there is no administrative appeal available, but the decision can be appealed to the superior court.

15 AAC 125. is amended by adding a new section 15 AAC 125.873

Provides a clearer definition of what emancipation means for termination of child support when there is no specific language within the order to indicate when support ends.

15 AAC 125. is amended by adding a new section 15 AAC 125.875

Brings state agency closure requirements in compliance with federal regulations, 43 CFR 303.11. pertaining to state involvement in enforcing child support. All orders remain enforceable regardless of status with the child support agency.

Article 11 (Re-numbered) General Provisions.

 

 

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Child Support Services Division at P.O. Box 101365 Anchorage, Alaska 99501

Submissions by E-mail: CSSD_Regulations@revenue.state.ak.us.  The comments must be received no later than 4:30 .pm. on November 23rd, 2004.

Oral or written comments also may be submitted at a hearing to be held on November 17th, 2004, in Room 240, 550 W 7th Ave Anchorage, AK 99501. The hearing will be held from 1:00.pm. to 5:00.pm. and might be extended to accommodate those present before 4:00.pm. who did not have an opportunity to comment.

Telephonic comments also may be submitted at a hearing to be held on November 18th, 2004. Please call (888) 319-7550. If you are unable to access that number, please call (907) 465-1100. The hearing will be held from 1:00.pm. to 4:00.pm. and might be extended to accommodate those present before 4:00.pm. who did not have an opportunity to comment.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Derri Petty at (907) 269-6800 no later than November 12th, 2004 to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Child Support Service Division at 550 W 7th Ave #280 Anchorage, AK 99501 -- (907) 269-6800, or go to http://childsupport.alaska.gov/

After the public comment period ends, the Child Support Service Division will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. "Written comments received are public records and are subject to public inspection."

 

Statutory Authority: AS 25.25.020 ; AS 25.25.205 ; AS 25.25.206 ; AS 25.25.315 ; AS 25.25.401 ; AS 25.25.604 ; AS 25.25.610 ; AS 25.25.611 ; AS 25.25.701 ; AS 25.27.020 ; AS 25.27.022 ;

AS 25.27.045 ; AS 25.27.060 ; AS 25.27.061 ; AS 25.27.062 ; AS 25.27.063 ; AS 25.27.093 ;

AS 25.27.100 ; AS 25.27.140 ; AS 25.27.160 ; AS 25.27.170 ; AS 25.27.190 ; AS 25.27.193 ;

AS 25.27.195 ; AS 25.27.244 ; AS 25.27.246 ; AS 25.27.250 ; AS 25.27.200 ; AS 25.27.246

Statutes Being Implemented, Interpreted, or Made Specific: AS 27.27.020

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

 

 

DATE: ___________ John Mallonee, Director Child Support Services Division

"The Child Support Services Division keeps a list of individuals and organizations interested in it's regulations. Those on the list will automatically be sent a copy of all of the Child Support Services Division's  Notices of Proposed Regulation Changes. To be added to or removed from the list, send a request to the Child Support Services Division  at 550 W 7th Ave #280., Anchorage, AK 99501, giving your name, and either your e-mail or mailing address, as you prefer for receiving notices."