Section 15.125.510. Procedures to contest income withholding.

	(a)  Immediately upon issuance of an order to withhold and deliver under 15 AAC 125.500 or 15 AAC 125.505(g), the agency will send a notice by first class mail or by electronic means to the obligor, the custodial parent, and to a child support enforcement agency of another state, if appropriate, that an order to withhold and deliver has been issued.  The notice must inform the parties that the agency has issued an order to withhold and deliver and must describe the procedures that a party shall follow if the party wishes to contest withholding.  The notice must also include the information provided to the employer in the order to withhold and deliver.  
	(b)  A party may contest the withholding under the order to withhold and deliver by submitting to the agency a written request for administrative review within 15 days after mailing of the notice under (a) of this section. The request must state the specific reasons for the contest and be accompanied by the documentation upon which the person requesting the review intends to rely. The agency may reject a request for administrative review if it does not comply with the requirements of this subsection. The sole basis for contesting the withholding under an order to withhold and deliver is that the amount withheld is improper due to a mistake of fact. The agency will issue an administrative review decision as soon as practicable after receiving the request. If appropriate, the agency may request additional information from the obligor or from any other source. An administrative appeal is not available from the administrative review decision issued under this subsection, but the decision is final for purposes of appeal to the superior court.  
	(c)  The agency will continue to require an employer to withhold income under the order to withhold and deliver even if a party contests the withholding under (b) of this section. The agency may not stay the withholding for collection of arrears unless the obligor posts with the agency security or a bond sufficient to secure payment of past support conditioned upon final determination of the contest. The agency will continue to collect and disburse the ongoing support obligation regardless of posting of a bond or security under this subsection.  

Authorities

25.27.020;25.27.140;25.27.250

Notes

Reference

15 AAC 05.010

Authority

AS 25.27.020 AS 25.27.140 AS 25.27.250

History

Eff. 10/1/98, Register 147; am 2/16/2013, Register 205