Section 15.125.121. Vacating administrative support order based on a default income figure.

	(a)  Upon request from an obligor, the agency will vacate an administrative support order if the support order was based on a default income figure and the agency determines that the default income figure is not an accurate reflection of the obligor's income for purposes of calculating the obligor's child support obligation.  
	(b)  An obligor may request relief under this section by sending a written request to the agency. The request must be accompanied by the financial information required under 15 AAC 125.040(b) for each year for which relief is sought.  
	(c)  If the obligor does not provide sufficient information as required in (b) of this section, the agency will notify the obligor that the information provided is insufficient and will state the additional information that the agency needs in order to review the obligor's request for relief under this section. If the obligor fails to provide the additional information, the agency will  
		(1) cease further action on the obligor's request for relief; or  
		(2) review and take action upon the obligor's request for relief if the agency can obtain sufficient actual income information for the obligor from other sources, including the Department of Labor and Workforce Development.  
	(d)  Upon accepting a request for relief under this section, the agency will promptly send a notice of the request for relief by first class mail to the obligor, to the custodial parent or legal custodian and, if appropriate, to a child support enforcement agency of another state. Any party may respond to the notice. The response must be in writing and must be postmarked or received by the agency within 30 days after the notice of request for relief is mailed to the party.  
	(e)  The agency will issue an administrative review decision either granting or denying the request for relief as soon as practicable after the time for response under (d) of this section. The agency will grant the request to vacate the support order if the agency finds that the support order was based on a default income figure and that granting the request will not cause undue hardship to a party because of the party's reasonable reliance on the support order. If the agency grants the request, the agency will at the same time issue a new support order for the time periods covered by the previous support order.  
	(f)  The administrative review decision granting or denying the request for relief under this section and, if appropriate, establishing a new administrative support order is final for purposes of appeal to a formal hearing but is not a final administrative determination for purposes of appeal to the superior court. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals under this subsection.  
	(g)  If the agency grants a request for relief under this section, the agency will apply 15 AAC 125.010 - 15 AAC 125.090 to calculate the amount of the new support order. The agency will charge interest at the applicable rate under AS 25.27.025 on the support amounts established in the new support order effective as of the dates those amounts would have accrued if the new support order had been issued when the original default order was issued.  
	(h)  If the agency grants a request for relief under this section, and if the support order was based on  
		(1) a default income figure for some periods of time and on actual income information or an estimated, projected, or potential income for other periods of time, the agency will grant or deny relief for the entire period of time covered by the support order;  
		(2) a default income figure but was subsequently modified based on actual income information or on an estimated, projected, or potential income, the agency will grant relief only from the original support order that was based on a default income figure, and will keep the modified support order in place; or  
		(3) actual income information or on an estimated, projected, or potential income and was subsequently modified based on a default income figure, the agency will grant relief only from the modified support order that was based on a default income figure, and will keep the original support order in place for the periods before the effective date of the modified support order.  
	(i)  If the agency grants a request for relief under this section and issues a new support order, the agency will adjust the obligor's account, including any child support arrears and, if appropriate, the ongoing support obligation, to reflect the support amounts established in the new support order. However, the agency will not adjust the obligor's account below zero as of the effective date of the order granting relief or refund any amounts collected before the effective date of the order granting relief. An order granting relief under this section is effective as of the date the request for relief was received by the agency or the date the agency receives all documentation necessary to complete the review, whichever is later.  
	(j)  For purposes of this section, a support order is  
		(1) based on a default income figure if the agency imputed an annual adjusted income to the parent based on  
			(A) former 7 AAC 45.020 (Alaska Needs Standard);  
			(B) the Male and Female Average Annual Wage Income by Age Group statistics or other group wage statistics provided by the Department of Labor and Workforce Development;  
			(C) the federal minimum wage or minimum wage where the party resides, whichever is greater, if the support amount was imputed under 15 AAC 125.050(b)(3)(B) or 15 AAC 125.050(d)(2); or  
			(D) a minimum $50 per month if the support amount was imputed under 15 AAC 125.050(b)(3)(C) or 15 AAC 125.050(d)(3);  
		(2) not based on a default income figure if the agency based the support order on  
			(A) actual income information for the obligor;  
			(B) an estimated or projected income based on incomplete but actual income information for the obligor for the current or a prior year; or  
			(C) an imputed potential income based on a finding of voluntary unemployment or underemployment under 15 AAC 125.060;  
		(3) not based on a default income figure if the agency established arrears under 15 AAC 125.105 and for a particular year, the agency based the support amount on the obligor's actual income from a prior or subsequent year or estimated the obligor's annual adjusted income based on incomplete but actual income information for the obligor for the year for which support is being established;  
		(4) not based on a default income figure solely because the obligor failed to respond to the notice and finding of financial responsibility; if the obligor failed to respond to the notice and finding of financial responsibility but the support order was based on information described in (2) or (3) of this subsection, the order is not based on a default income figure for purposes of this section.  

Authorities

25.27.020;25.27.195

Notes

Reference

15 AAC 05.025
15 AAC 125.105
15 AAC 125.663

Authority

AS 25.27.020 AS 25.27.195

History

Eff. 6/15/2001, Register 158; am 4/1/2005, Register 173; am 2/16/2013, Register 205