Section 25.27.130. Subrogation of state.

   (a) If the obligor is liable to the state under AS 25.27.120(a) or (b), the state is subrogated to the rights of the obligee to
        (1) bring an action in the superior court seeking an order of support;
        (2) proceed under AS 25.27.160 - 25.27.270 to establish a duty of support; or
        (3) enforce by execution, in accordance with AS 25.27.230 - 25.27.270, or otherwise, a support order entered in favor of the obligee.
   (b) To establish or enforce an order of support, including, if applicable, a medical support order, based on the subrogation of the state, the agency is not limited to the amount of assistance being granted to the child.
   (c) The recovery of any amount for which the obligor is liable that exceeds the total assistance granted under AS 47.07 and AS 47.27 shall be paid to the obligee.
   (d) Except as provided in (f) of this section, if the obligee is not receiving assistance under AS 47.07 or AS 47.27 at the time the state recovers money in an action under this section, the recovery of any amount for which the obligor is liable shall be distributed to the obligee for support payments, including medical support payments, that have become due and unpaid since the termination of assistance under AS 47.07 or AS 47.27 under a support order in favor of the obligee.
   (e) After payment to the obligee under (d) of this section, the state may retain an amount not to exceed the total unreimbursed assistance paid on behalf of the obligee under AS 47.07 or AS 47.27.
   (f) Notwithstanding (d) of this section, the state shall, if required under federal law or regulations, distribute amounts recovered through offset of the obligor's federal tax refund as past due support with first distribution to the state for unpaid support assigned to the state under AS 47.07.025 and AS 47.27.040.

Authorities

47.27.200

Notes

References

AS 47.27.200 Alaska Native family assistance grants.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 5 ch 96 SLA 1981; am Sec. 3 ch 75 SLA 1991; am Sec. 13 ch 117 SLA 1992; am Sec. 11 - 15 ch 102 SLA 1994; am Sec. 17 - 20 ch 107 SLA 1996)