Section 25.27.120. Obligor liable for public assistance furnished obligee.

   (a) An obligor is liable to the state in the amount of assistance granted under AS 47.07 and AS 47.27 to a child to whom the obligor owes a duty of support except that, if a support order has been entered, the liability of the obligor for assistance granted under AS 47.27 may not exceed the amount of support provided for in the support order, and, if a medical order of support has been entered, the liability of the obligor for assistance granted under AS 47.07 may not exceed the amount of support provided for in the medical order of support.
   (b) An obligor is liable to the state in the amount of the cost incurred if the state is maintaining a child to whom the obligor owes a duty of support in a foster home or institution, except that if a support order has been entered, or an agreement for payment of that cost executed between the obligor and the state, the liability of the obligor may not exceed the amount provided in the support order or agreement.
   (c) Within 30 days after the agency knows the identity and address of an obligor who resides in the state and who is liable to the state under this section, the agency shall send written notification by certified mail to the obligor and the obligee of the obligor's accruing liability and that the obligor shall make child support payments to the agency. The notice required under this subsection must be in clear, concise, and easily readable language. The notice may accompany other communications by the agency.
   (d) If the agency fails to comply with (c) of this section, interest does not accrue on the liability to the state unless a support order or medical support order, as applicable, has been entered.
   (e) The agency's failure to comply with (c) of this section does not bar an action by the state to recover amounts owed by the obligor.

Authorities

13.16.470;21.36.485;25.27.020;25.27.045;25.27.130;25.27.140;25.27.166;25.27.170;25.27.180;25.27.255;37.05.146;47.27.026;47.27.200

Notes

Implemented As

15 AAC 125.405

References

15 AAC 125.327
15 AAC 125.335
15 AAC 125.465
15 AAC 125.840
AS 13.16.470 Priority of claim payment and preference.
AS 21.36.485 Coverage of children.
AS 25.27.020 Duties and responsibilities of the agency.
AS 25.27.045 Determination of support obligation.
AS 25.27.130 Subrogation of state.
AS 25.27.140 Authority and procedures to administratively establish and enforce support obligation.
AS 25.27.166 Disestablishment of paternity.
AS 25.27.170 Hearings in administrative action to establish support duty.
AS 25.27.180 Administrative findings and decision.
AS 25.27.255 Disposition of payments under income withholding orders.
AS 37.05.146 Definition of program receipts and non-general fund program receipts.
AS 47.27.026 Diversion payments.
AS 47.27.200 Alaska Native family assistance grants.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 1 ch 72 SLA 1990; am Sec. 9, 10 ch 102 SLA 1994; am Sec. 15 ch 107 SLA 1996; am Sec. 89 ch 87 SLA 1997)