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Alaska State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
One main office in Anchorage and one satellite offices in Fairbanks. The satellite office in Fairbanks is for walk-in traffic only.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Evid. Rule 503
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes
A2.3. If yes, please explain.
The Dept. of Law represents CSSD under authority of AS 25.27.050, and according to the terms of the cooperative agreement (created under 45 CFR 303.107). At law, the Attorney General is empowered to litigate and settle cases under Public Defender Agency v. Supreme Court, Third Judicial District v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Alaska Statute 25.25.101-25.25.903
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Canada (only the Following provinces: Alberta, American Samoa, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory), Australia, England, Germany, Guam, Norway, Poland, Ireland, Sweden, Netherlands, the Czech Republic and Slovak Republic.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 if order does not specify otherwise. It can be extended to age 19 or the date of graduation, whichever comes first, if unmarried and pursuing a high school diploma or equivalent level of technical or vocational training & residing with custodial parent, guardian or designee of the parent or guardian. The order will require modification to add Post Majority support language if not already in the order.
D2. What is the statutory citation for the age of majority?
AS 25.20.010,AS 25.24.140(a)(3), 25.24.170(a)
For Additional Information - No Link Provided
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
15 AAC 125.873
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Limited provisions for disabled children and other allowances as stated in the court order.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
Support obligations are adjusted in accordance with the language in the order. Orders issued in a state other than Alaska listing a flat rate amount of support will not automatically be adjusted. For Alaska orders established in accordance with 90.3, the obligation will be adjusted in accordance with 90.3 (as well as under 15 AAC 125.873)
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No
D8.1 If not, how does this affect interstate referrals?
Once the children have emancipated we won't accept initiations for enforcement.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
No statute of limitations on the collection of child support arrears. (AS 25.27.225)
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
Age of majority of child.
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Administrative garnishment procedures may be used without reviving or renewing the support order. However, collection by a judicial remedy, such as writ of execution, requires a showing of good cause before executing on a judgment that is more than five years old.
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of income. (as defined under Civil Rule 90.3)
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
6% per annum. Charged the end of the month the support was due and not paid.
For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Statutory interest rates. No interest prior to January 1, 1983; 12% from January 1, 1983 - September 30, 1996; 6% from October 1, 1996. AS 25.27.025 and 15 AAC 125.840
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
As ordered in the judgment.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If set to judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
An annual maintenance $25.00 fee is collected for each never TANF case where the State has collected at least $500.00 of child support during the federal fiscal year.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The State of Alaska has elected to pay the $1.00 application fee on all cases.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Only if reduced to a judgment. Alaska will collect genetic testing fees, process service fees, birthing costs, and attorney fees associated with establishing paternity and child support orders. Alaska will not collect administrative fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
AS 25.25.201 (as well as under UIFSA 2008)
For Additional Information - No Link Provided
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforce only in conjunction with a child support order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
no
F10.1. Optional comments regarding required information on spouse or partner.
Unless needed under exceptional circumstances.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The State is absorbing the mandatory annual fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
n/a
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Post 1997
F15.2. When will your state discontinue each type of assignment?
10/01/2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Notification from Division of Public Assistance that the child is on TANF. In Alaska the order follows the child. AS 25.27.060
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Notification from the Division of Public Assistance.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Application for services from the custodian of the child.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State is absorbing the annual fee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Once put into the form of a judgment we can collect on out of pocket medical expenses. We will also collect fees associated with paternity testing or the establishment of an order when the funds are owed to the state.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Exempt funds such as TANF, SSI, VA disability and Native Dividends without an Alaskan court order specifically authorizing the garnishment of the Native Dividend. If the court order is obtained, the Native Dividends can only be paid to the custodian and not used for a State debt.
For Additional Information - No Link Provided
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
40% of disposable income after mandatory deductions may go to 65% under certain circumstances.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Employers may charge $5.00
For Additional Information - No Link Provided
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
First pay period following receipt of the withhold order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
10 days
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
First step, Reminder Letter; Second step, Demand Letter; Third step, Seek Non-Compliance prosecution through the Department of Law.
G7. What is the penalty to an employer for failure to remit payments withheld?
1. Could be liable for full amount of arrears and costs (penalty) 2. The state may seek damages for improper retention or payment of funds that should have been withheld, plus fines and attorney fees.
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Request for Administrative Review.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
The employer will withhold amount determined by adding together the withholding amounts required by each of the orders, but not to exceed an amount equal to the percentage of the obligors disposable earnings set out in 15 AAC 125.540 (c) unless the agency has found good cause to increase the percentage amount to be withheld.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
15 AAC.125.571
For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. When does your state require the employer to send notice of an employee's termination?
Promptly after receiving notice of resignation from the employee or upon termination.
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
3 years
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
Yes, Process server fees and genetic testing fees.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Not at this time
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, Employers
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
15 AAC 125.570 addresses the calculation used.
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Current support is paid first. Arrears principle are then paid on a percentage ratio. Once principle arrears are paid, any interest is then paid on a percentage ratio.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A
For Additional Information - No Link Provided
G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
For Additional Information - No Link Provided
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
AS 18.50.165
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The presumption may be rebutted with clear and convincing evidence of non-paternity. For example, a wife and husband's sworn statements that the husband is not the child's father may constitute clear and convincing evidence sufficient to rebut the presumption or the mother, the legal father and the biological father may sign a three party affidavit.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.
n/a
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
None.
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
n/a
For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

For Additional Information - No Link Provided
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Fee recoupment must be requested in the initiating documents from the other state.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Alaska uses both administrative and judicial process to establish support obligations.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is generally used to establish an order when there is no existing order.
I1.2. Under what circumstances would a judicial process would be used?
CSED rarely uses the judicial process to establish an order. The judicial process is often used when parents seek a child support order without the assistance of the child support agency.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
AS 25.27.160 and 165
For Additional Information - No Link Provided
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases.
For Additional Information - No Link Provided
I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The amount of child support due under Alaska's child support guidelines may be varied for "good cause upon proof by clear and convincing evidence that manifest injustice would result" if the amount due under the guidelines was not varied.
For Additional Information - No Link Provided
I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application for services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier.
I4.2. What information or documentation does your State require to proceed?
In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See Question 14.1 above
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity, Establishment, Modification and Enforcement
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
AS 25.27.020
For Additional Information - No Link Provided
I7. Is there a local state law that allows an interstate administrative subpoena?
No
For Additional Information - No Link Provided
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes if the support order is issued from Alaska court. If administrative, no.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes if support order is from Alaska court. If administrative order, it can be addressed administratively.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the Alaska State Troopers. Forward documents needing to be served to a private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
The Alaska Court System is in the process of testing the LYNX eFiling Initiative and moving to a "paper-on-demand" environment.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
cash medical expenses
I17. Please provide the relevant statutory or case law citation. **
Sec 25.27.020; 25.27.060; Sec 25.27.140; 15 AAC 125.432 Sec 25.27.020; Sec 25.27.140; 15 AAC 125.475
For Additional Information - No Link Provided
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The Alaska trail courts have two separate programs: The Early Resolution Project (ERP) for settling eligible divorce and custody cases. The Modification Resolution Program (MRP) for case parties which provides court mediators and representatives from Child Support Services Division (CSSD) to modify child support obligation or change custody arrangements under the supervision of a magistrate judge.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
There is no State income tax in Alaska.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative
J2.1. What are the trigger criteria for filing a lien?
$2,500 arrearage or 1 year behind in payments
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
County/Borough (Recording District)
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
N/A
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both administrative and judicial procedures. The administrative procedure is used to seize funds, such as those found on a person, when they are arrested and held by the police. When seizing property such as construction equipment, airplanes or other personal property, a judgment is obtained for the amount of past due child support, then a writ of execution is obtained upon the property to be seized.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When the case is established
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
No specified number of months delinquent. No accounts exempted.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1000
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
yes
J5.3.1. If yes, please provide the time frame.
a minimum of 4 times the MSO
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes, a minimum of $1,000.00 in checking and $100.00 in savings
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
15 days to request an administrative review
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Must appeal to court
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
When withholding in improper due to a mistake of fact and in Joint account circumstances.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
30 days from date of notice. No unique requirements. Non-debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
No, but most financial institutions have their own procedures for how long they hold the funds before distributing them.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
According to bank policy
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Both
J7. Describe any other administrative enforcement procedures your state may have.
Withhold and Deliver orders for commercial fisherman turning in their catch to the processor which is an administrative procedure. Collection of the Alaska Permanent Fund Dividend (PFD) via withholding order. We do set up PFD Collection Only cases for states who think the NCP may be eligible for the dividend and only want collection of that one time per year dividend.
J8. Describe any other judicial enforcement procedures your state may have.
Criminal non-support prosecution.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Under AS 25.27.230(e) & (f), A lien arising in another State under the child support laws of that State shall be given full faith and credit in this State. The lien may be asserted in this state upon the real or personal property of the obligor in the amount of the obligor's liability by complying with the requirements of this section. A lien recorded under this section is a Judgment lien and may be enforced by execution under AS 09.35 in the full amount of the obligor's liability at the time of execution. Under AS 25.27.240. Service of Lien. (a) The agency of this state or another state or a party or other entity seeking to enforce a child support obligation, may, at any time after recording of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political subdivision or department of the state possessing earning, or deposits of balances held in any bank account of any nature that are due, owing or belonging to the obligor.
For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
We can administratively enforce wage and property withholding, federal offset, Permanent Fund Dividend intercepts and unemployment compensation without registering your order. For cases we are enforcing, Non-Alaskan orders must be registered when enforcement is contested, modification is requested, or to intercept native corporation dividends. PLEASE NOTE - Permanent Fund Division and UIB must be processed through our IV-D Agency.
J11. Describe your state's procedures for registering and enforcing another state's order.
To register an order from another state, the initiating state must provide the Child Support Enforcement Division with this information required under Section 602 of UIFSA. This information is then forwarded to the Office of the Attorney General where the documents necessary to register are prepared and filed with the court.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
AS 09.30.200-270
For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears of over $1,000
J15. To which credit bureaus does your state report an obligor's child support information?
Experian, Transunion, Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
FIDM, MSFIDM
J19. What documentation does your state require to proceed with an AEI request?
A copy of the Child Support Order and a signed Transmittal 1. The signature is sufficient to certify to the amount of the arrears.
J20. What mandatory data elements does your state need to process AEI requests?
Custodian and paying parent names. Paying parent address, dob, SSN. Certified amount of arrears,requesting state case ID and FIPS.
For Additional Information - No Link Provided
J21. Which additional data elements would aid your state in processing AEI requests?
If the obligor resides in Alaska you can request our full enforcement and let us know which Native Corporation NCP is a member of in order for us to collect dividends under the Alaska Native Claims Settlement Act (ANCSA). If the ncp resides outside of Alaska and it's your states order, we can give you the verbiage you will need your courts to put into your own ANCSA order. For lien only purposes, provide the area they own property in.
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Alaska Native Dividend disbursements (ANCSA)cannot be used to pay state debt. All ANCSA funds must be paid to the custodian of the children.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Transmittal #3, a copy of the order and certification of arrears
J25. What is the procedure for obtaining a certified copy of a court order?
Send request to Alaska Central Registry
J26. What is the procedure for obtaining a certified payment record?
Send request to Alaska Central Registry
J27. Is there a cost for requesting a certified copy of a court order or payment record?
no
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
We abide by state statute (25.27.246). The obligor has the opportunity to request a review of the actions. We try to enter a reasonable payment agreement (while still covering mso, interest and arrearages) and we also review for possible modification actions.
J29. What triggers a driver's license revocation?
Caseworkers review each case to see if no payments have been coming in, if every avenue of enforcement actions have been tried, and if none of the efforts have been successful they refer the case for license enforcement actions.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
$1,000 and 4x mso amount
J30. Under what conditions may a noncustodial party restore the driver's license?
Enter into a signed payment agreement for the amount and make initial payment at the time of signing or be under a wage assignment.
J30.1 What is the process for restoring a driver's license?
Upon receiving the initial payment and signed agreement, the caseworker will provide the obligor a copy of a release of license and an affidavit for reinstatement. The obligor will take the documents to the DMV and pay any additional fees in order to get the license reinstated.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
n/a
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
none
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
If there is at least $150.00 owed to the state of Alaska or $500.00 owed to the custodial parent, the obligor is then reported for offset.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
n/a
J36.2 What is the dollar amount?
n/a
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
n/a
J38.2 What is the dollar amount?
n/a
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
No, unless directed to by the child support order.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every Three years. For administrative orders, 15 AAC 125.321(b)(2)(C). For judicial orders, 15 AAC 125.326(a)(4)
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Upon a case party's request, the agency will send notice and a request for income information to both parties, and schedule a date by which the income information should be received. The information provided by the parties is reviewed along with other available information to determine whether there would be a change of at least 15% in the child support order. If the threshold 15% change is met and the parties have an administrative support order the agency will modify the administrative order. If the parties have a court order that is less than 1 year old, the party requesting the modification must provide proof that a significant change in circumstances (a change of at least 15% +/-), the agency will assist in the modification process by requesting the court to modify the order.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A change of at least 15% from the present order.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
n/a
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
n/a
K6. How does your state credit SSA disability to current and past-due support?
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Only under Alaska Administrative orders.
K7.2. What is the statutory citation for your abatement law?
15 AAC 125.870. Suspension or termination of ongoing support
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
N/A
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
A limited service request may be submitted to the Alaska Interstate Central Registry to obtain information on pay records, Alaska TANF debt, copies of administrative orders, etc...
K8. What information does your state require to register an out-of-state order for enforcement/modification?
1 Certified copy of the order(s), a certified pay history, Transmittal 1, Registration Statement for each order,
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Collection will continue at the amount requested in the Withholding Order unless a modified Withholding Order is issued. Alaska does not order sum certain amounts on arrears, but instead uses an amortized amount located in Alaska Administrative Code 15 AAC 125.540 - 545
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
We calculate the withholding order amount under 15 AAC 125.540, 15 AAC 125.545, 15 AAC 125.550, and 15 AAC 125.560
K10. What circumstances will cause your state to end child support before the normal duration? **
15 AAC 125.873 (a)A support order terminates when the child is emancipated, dies, or is legally adopted or when the obligor's parental rights and obligations are terminated under a proceeding under AS 47.10 or substantially similar laws in a state with jurisdiction over those proceedings.(b) Except as provided in (c) of this section a child will be considered emancipated if the child (1) turns 18 years of age; (2) is married according to law, unless the child is under the marriageable age of consent as defined in AS 25.05171(a);(3) is legally emancipated by a court or other tribunal of competent jurisdiction; or (4) enters the United States armed forces and is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian. (d) If the child enters the United States armed forces, the agency will presume that the child is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian. A parent may rebut this presumption by providing clear and convincing evidence that the child is still being supported as a dependent by a parent, guardian, or designee of the parent or guardian.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A
L1.2 Provide the statutory citation.
N/A
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.

For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
No threshold.
L4. How are employers instructed to report a pending lump sum?
Via the Withholding Order Additional Information Section, which states: Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
no
L9.1. If yes, what are those limits?
n/a
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
yes
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
100% up to the amount of the debt
L9.4. If no, what percentage is the employer required to withhold?
n/a
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No vendor. CSSD is the originator for ACH direct deposit
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
KeyBank
L12. Does your state have a debit card program?
Yes. The Key2Benefits MasterCard Prepaid Debit Card for child support payments.
L12.1 If so, specify the vendor.
KeyBank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No. The Key2Benefits Card is for the child support program only.
L13.1 If so, are there fees involved?
Card replacement after 1 free card per year, Out of Network ATM withdrawal fee after the 2 free, overnight delivery, inactivity fee after 12 consecutive months.
L14. What are the fees associated with using the card?
Out of network at $1.50 per transaction after two free ones; $2.75 per transaction international ATM withdrawal; $4.95 card replacement; $15.00 overnight delivery; $1.40 inactivity fee.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payment may be made by pre-authorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by electronic funds transfer. Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be made by check. Payments may be made by electronic funds transfer. Foreign check payments are converted to US Dollars then applied to the case and disbursed.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
Yes, for one case. We receive and IAT batch and manually receipt the payment into the case.
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - No Link Provided
M1.1. Additional information on the CCPA.

For Additional Information - No Link Provided
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
No legislation as yet for them to provide any.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
No legislation regarding this at this time.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
If the obligor has not already entered into a payment agreement with the state and there is debt owed we will attach any type of claim or policy we find in the obligor's name.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No legislation regarding this at this time.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
No legislation regarding this at this time.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
We use the property IWO (15 AAC 125.410)
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The Child Support Agency (15 AAC 125.410).
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
15 AAC 125.410
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
15 days (15 AAC 125.410(c ))
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
no
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Through the Child Support Services Division.
M7.1. What is the process, the points of contact, and what forms?
We would need the Initiating Transmittal sent to the Central Registry address (the only Child Support office in Alaska). Specifically ask for workers compensation attachment.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes