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(a) If the support order for which review has been initiated under 15 AAC 125.316 was issued by or registered with the agency for modification, the agency will review the order upon receipt of the required financial and medical information or upon the expiration of the period for providing the information under 15 AAC 125.040, whichever occurs first. Based on that review, the agency will issue a written review decision. The agency's written review decision must grant or deny the petition for modification. If the agency grants the petition for modification, the decision must also set out the modified support amount and the effective date of the modification. In addition, the agency's written review decision must include the findings that are required by 15 AAC 125.090.
(b) The agency
(1) will grant the petition for modification if, based on a review of all of the information available to the agency including, if appropriate, the data provided by the Department of Labor and Workforce Development, the agency determines that the child support award calculated under 15 AAC 125.070 and the child support guidelines of Alaska Rule of Civil Procedure 90.3 is more than 15 percent greater or less than the amount of the support obligation that is set out in the outstanding support order; or
(2) may grant the petition for modification if it determines that the child support award calculated under 15 AAC 125.070 and the child support guidelines of Alaska Rule of Civil Procedure 90.3 is not more than 15 percent greater or less than the amount of the support obligation that is set out in the outstanding support order if any of the following conditions is met:
(B) other circumstances exist that justify a modification of the support obligation;
(C) more than three years have elapsed since the support order was issued or modified.
(c) When it has issued a written review decision granting or denying a petition of modification under (a) of this section, the agency will send a copy of the decision by first class mail or electronic means to each parent and, if appropriate, to a child support enforcement agency of another state. Upon receipt of the review decision, a 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 appeals under this subsection to the extent those provisions are not inconsistent with a provision of this section.
(d) The effective date of a modification that is granted under (a) of this section is the first day of the month following the date on which the notice of petition for modification was served on the nonrequesting parent.
(e) The agency will, in its discretion, commence enforcement of the modified support amount upon issuance of the review decision under (a) of this section. If a parent requests a formal hearing under (c) of this section, the agency may not stay enforcement of the modified support amount unless the obligor posts security or a bond in an amount sufficient to secure payment of past support conditioned upon final determination of the formal hearing. The collection and disbursement of the ongoing support obligation that is stated in the administrative review decision will continue regardless of posting of a bond or security under this section.
History: Eff. 10/1/98, Register 147; am 11/30/2002, Register 164; am 4/1/2005, Register 173
Authority: AS 25.27.020
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS\n 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.
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Last modified 7/05/2006