(a) The agency may appear on behalf of minor children or their mother or legal custodian or the state and initiate efforts to have the paternity of children born out of wedlock determined by the court. When the agency is a party to a court action in which paternity is contested, it shall request and pay for genetic testing and procedures under AS 25.20.050(e) and may recover the costs of the testing as provided in AS 25.20.050(f).
(b) The agency may not attempt to establish paternity in any case
(1) involving incest or forcible rape, unless the mother of the child is legally competent and requests the establishment of paternity; in this paragraph, “forcible rape” means sexual assault in the first degree under AS 11.41.410 or a conviction under a law or ordinance from another jurisdiction with similar elements; “forcible rape” includes adjudications of delinquency for acts with elements similar to AS 11.41.410;
(2) when legal proceedings for adoption are pending; or
(3) when it would not be in the best interests of the children or the state.
(c) When the agency is a party in a court action in which paternity is contested, the agency shall move for a default judgment in a case that meets the conditions specified in AS 25.20.050(g).
Other Sections in this Chapter:
- Sec. 25.27.010. Creation of child support services agency.
- Sec. 25.27.020. Duties and responsibilities of the agency.
- Sec. 25.27.022. Establishment and enforcement requests from other states.
- Sec. 25.27.025. Rate of interest.
- Sec. 25.27.030. Establishment of fund.
- Sec. 25.27.045. Determination of support obligation.
- Sec. 25.27.050. Legal assistance.
- Sec. 25.27.060. Order of support. Repealed
- Sec. 25.27.062. Income withholding order for support.
- Sec. 25.27.065. Waiver of child support.
- Sec. 25.27.070. Order to assign wages for support.
- Sec. 25.27.075. Employment information.
- Sec. 25.27.080. Enforcement of support orders.
- Sec. 25.27.085. Subpoenas.
- Sec. 25.27.095. Agency exempt from execution.
- Sec. 25.27.100. All persons may use agency. Repealed
- Sec. 25.27.103. Payments to agency.
- Sec. 25.27.105. Audit of collections.
- Sec. 25.27.107. Certification of arrears. Renumbered
- Sec. 25.27.120. Obligor liable for public assistance furnished obligee.
- Sec. 25.27.125. Accounting and disposition of federal receipts and agency collections.
- Sec. 25.27.130. Subrogation of state.
- Sec. 25.27.135. Limitation on actions to establish child support obligation.
- Sec. 25.27.140. Authority and procedures to administratively establish and enforce support obligation.
- Sec. 25.27.150. Initiation of administrative enforcement of orders; required notice.
- Sec. 25.27.160. Initiation of administrative action to establish support duty; required notice.
- Sec. 25.27.165. Determination of paternity in an administrative proceeding.
- Sec. 25.27.167. Contempt of order for genetic testing.
- Sec. 25.27.170. Hearings in administrative action to establish support duty.
- Sec. 25.27.180. Administrative findings and decision.
- Sec. 25.27.190. Modification of administrative finding or decision.
- Sec. 25.27.193. Periodic review or adjustment of support orders.
- Sec. 25.27.195. Relief from administrative order.
- Sec. 25.27.200. Use of standards in administrative determinations of support amounts.
- Sec. 25.27.210. Judicial review of administrative decisions and actions.
- Sec. 25.27.220. Procedure in judicial reviews.
- Sec. 25.27.225. Support payment obligations as judgments.
- Sec. 25.27.227. Nature of remedies.
- Sec. 25.27.230. Assertion, recording, and effect of lien.
- Sec. 25.27.240. Service of lien.
- Sec. 25.27.244. Adverse action against delinquent obligor’s occupational license.
- Sec. 25.27.246. Adverse action against delinquent obligor’s driver’s license.
- Sec. 25.27.250. Order to withhold and deliver. Repealed
- Sec. 25.27.253. Earnings subject to an order or lien.
- Sec. 25.27.255. Disposition of payments under income withholding orders. Repealed
- Sec. 25.27.260. Civil liability upon failure to comply with an order or lien.
- Sec. 25.27.265. Method of service; notification of change of address.
- Sec. 25.27.270. Judicial relief from administrative execution.
- Sec. 25.27.273. Reporting of payment information concerning delinquent obligors.
- Sec. 25.27.275. Nondisclosure of information in exceptional circumstances.
- Sec. 25.27.278. Payments not disbursed.
- Sec. 25.27.280. Severability: Alternative when method of notification held invalid.
- Sec. 25.27.300. Requests pertaining to remarriage.
- Sec. 25.27.320. Interest on agency return of certain overpayments.
- Sec. 25.27.900. Definitions.