(a) Unless a support order has been entered by a court and except as provided in AS 25.25, the obligor, or the obligee or the obligee’s custodian, may petition the agency or its designee for a modification of the administrative finding or decision of responsibility previously entered with regard to future periodic support payments. In addition, the agency may initiate a modification and grant a hearing under (c) — (e) of this section.
(b) The agency shall grant a hearing upon a petition made under (a) of this section if affidavits submitted with the petition make a showing of good cause and material change in circumstances sufficient to justify action under (e) of this section.
(c) If a hearing is granted, the agency shall serve a notice of hearing together with a copy of any petition and affidavits submitted on the obligee or the obligee’s custodian and the obligor personally or by registered, certified, or insured mail, return receipt requested, for restricted delivery only to the person to whom the notice is directed or to the person authorized under federal regulation to receive that person’s restricted delivery mail.
(d) A hearing shall be set not less than 15 nor more than 30 days from the date of mailing of notice of hearing, unless extended for good cause.
(e) Modification or termination of future periodic support payments may be ordered upon a showing of good cause and material change in circumstances. The adoption or enactment of guidelines or a significant amendment to guidelines for determining child support is a material change in circumstances, if the guidelines are relevant to the petition. As necessary to comply with 42 U.S.C. 666, a periodic modification of child support may be made without a showing of a material change in circumstances if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification.
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. 25.27.040. Determination of paternity.
- 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 Repealed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. 25.27.193. 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.