Section 15.125.630. Exception based on evidence of unusual circumstances.

	(a)  At any time during the administrative review process under 15 AAC 125.610, an obligor may request that the payment agreement be modified or that the licensing action against the obligor be suspended based on evidence of unusual circumstances that the licensing action would have on the obligor or on the obligor's family. To obtain an exception that is based on evidence of unusual circumstances, the obligor must present clear and convincing evidence of  
		(1) unusual circumstances that prevent the obligor from either complying with the child support order or entering into a payment schedule agreement with the agency for the purpose of coming into compliance with the child support order; and  
		(2) the unusual hardship that would result if the licensing action continued.  
	(b)  The agency may consider one or more of the following factors in determining whether unusual circumstances exist:  
		(1) a significant illness or disability that prevents the obligor from working at any reasonable employment;  
		(2) exceptional medical expenses that are not reimbursed by insurance, Medicaid, or another government program, or through private litigation;  
		(3) an accident or other disaster that significantly affects the obligor or an immediate family member of the obligor;  
		(4) physical custody by the obligor of one or more of the children for whom support is sought under a valid custody order issued by a tribunal of competent jurisdiction;  
		(5) the obligor lives a subsistence lifestyle without any local opportunity for employment.  
	(c)  In order to qualify for an exception based on evidence of unusual circumstances, the obligor must complete a written request form provided by the agency.  The obligor must provide all information requested on that form or explain why the information is not reasonably available.  On or attached to the form, the obligor must disclose the obligor's entire household assets, income, and expenses, including assets, income, and expenses of each member of the obligor's household.  
	(d)  The agency will not grant a request for an exception based on evidence of unusual circumstances unless the obligor has eliminated discretionary spending and has disposed of the obligor's non-essential assets.  For purposes of making a determination under this subsection,   
		(1) discretionary spending  
			(A) includes an expenditure made for recreation, comfort, sport, investment, entertainment, private schools, travel, or rental or recreational property;  
			(B) does not include an expenditure necessary to feed, house, clothe, or ensure the health of the obligor and the obligor's immediate family members;   
		(2) the agency will consider each expenditure on a case-by-case basis;   
		(3) in determining whether the obligor must dispose of an asset under this subsection, the agency may consider the sentimental value of the asset to the obligor and may weigh the sentimental value of the asset to the obligor and the cost to the obligor of selling the asset against the asset's market value.  
	(e)  If, under (d) of this section, the agency grants a request for an exception based on evidence of unusual circumstances, the agency will elect to  
		(1) suspend the licensing action for a stated period of time; or  
		(2) modify the monthly payment amount calculated under 15 AAC 125.620(a).  
	(f)  The agency will grant a request for an exception based on evidence of unusual circumstances only for a period not to exceed six months.  
	(g)  An administrative review is not available from a decision granting or denying a request for an exception based on evidence of unusual circumstances under this section, but the decision is final for purposes of appeal to the superior court.  

Authorities

25.27.020;25.27.244;25.27.246

Notes

Reference

15 AAC 05.010

Authority

AS 25.27.020 AS 25.27.244 AS 25.27.246

History

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