Section 15.125.316. 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;  
			(B) a medical support order is not in effect as provided in AS 25.27.063 and 15 AAC 125.085;  
			(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.   

Authorities

25.25.401;25.27.020;25.27.045;25.27.193

Notes

Reference

15 AAC 125.321
15 AAC 125.326
15 AAC 125.327
15 AAC 125.335
15 AAC 125.340
15 AAC 125.470
15 AAC 125.475
15 AAC 125.663
15 AAC 125.730
15 AAC 125.870

Authority

AS 25.25.401 AS 25.27.020 AS 25.27.045 AS 25.27.193 Editor's note: 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.

History

Eff. 10/1/98, Register 147; am 11/30/2002, Register 164; am 4/1/2005, Register 173; am 2/16/2013, Register 205; am 3/20/2016, Register 217

References

15.125.316