Section 15 AAC 125.335 - Procedures for automated review and adjustment of support order(a) The agency may review a support order, as provided under 15 AAC 125.316(a) and (b), through an automated method. The use of an automated method under this section includes the application of a cost-of-living adjustment or the use of other databases such as Department of Labor and Workforce Development information.(b) If the support order for which review has been initiated through an automated method was issued by or registered with the agency, the agency will send a notice by first class mail or by electronic means to each parent subject to the order and, if appropriate, to a child support enforcement agency of another state. The notice must inform the recipients of the notice that the support order has been reviewed by automated methods and must give notice of the modified support amount and the effective date of the modification. Upon receipt of the notice, either parent may appeal by submitting a written request for a formal hearing. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to an appeal under this subsection.(c) The agency may commence enforcement of the modified support amount upon issuance of a notice under (b) of this section. If a parent requests a formal hearing, the agency will not stay enforcement of the current month's support amount. If the obligor posts security or a bond in an amount sufficient to secure payment of past due support, the agency may stay action on the past due support. The agency will continue to collect and disburse the ongoing support obligation regardless of posting of a bond or security under this subsection.(d) If the support order for which review has been initiated through an automated method was issued by or registered in a court of this state, the agency may forward the file to the Department of Law to present the determination in judicial proceedings for modification of the support order if (1) the current support is owed to the state because of an assignment to the state under AS 25.27.120 or a child subject to the support order is in the legal or physical custody of the state; or(2) requested by a child support agency of another state.(e) If the agency does not forward the file to the Department of Law as provided in ( d) of this section, the agency will proceed under 15 AAC 125.327(d)-(f).Eff. 10/1/98, Register 147; am 4/1/2005, Register 173; am 2/16/2013, Register 205; am 3/20/2016, Register 217, April 2016As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 25.27.020
AS 25.27.045
AS 25.27.190
AS 25.27.193