Section 25.27.170. Hearings in administrative action to establish support duty.

   (a) A person served with a notice and finding of financial responsibility is entitled to a hearing if a request in writing for a hearing is served on the agency by registered mail, return receipt requested, within 30 days of the date of service of the notice of financial responsibility.
   (b) If a request for a formal hearing under (a) of this section is made, the execution under AS 25.27.062 and 25.27.230 - 25.27.270 may not be stayed unless the obligor posts security or a bond in the amount of child support that would have been due under the finding of financial responsibility pending the decision on the hearing. If no request for a hearing is made, the finding of responsibility is final at the expiration of the 30-day period.
   (c) If a hearing is requested, it shall be held within 30 days of the date of service of the request for hearing on the agency.
   (d) Except as provided in (g) of this section, the hearing officer shall determine the amount of periodic payments necessary to satisfy the past, present, and future liability of the alleged obligor under AS 25.27.120, if any, and under any duty of support imposable under the law. The amount of periodic payments determined under this subsection is not limited by the amount of any public assistance payment made to or for the benefit of the child.
   (e) The hearing officer shall consider the following in making a determination under (d) of this section:
        (1) the needs of the alleged obligee, disregarding the income or assets of the custodian of the alleged obligee;
        (2) the amount of the alleged obligor's liability to the state under AS 25.27.120 if any;
        (3) the intent of the legislature that children be supported as much as possible by their natural parents;
        (4) the ability of the alleged obligor to pay.
   (f) Except as provided in (g) of this section, if the alleged obligor requesting the hearing fails to appear at the hearing, the hearing officer shall enter a decision declaring the property and income of the alleged obligor subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 in the amounts stated in the notice and finding of financial responsibility.
   (g) If the agency is establishing only a medical support order, the hearing officer shall enter a decision about the parents' respective responsibilities for the child's health care expenses that complies with the requirements of AS 25.27.060(c).

Authorities

25.27.020;25.27.230;47.27.200

Notes

Implemented As

15 AAC 05.025
15 AAC 05.030
15 AAC 125.020
15 AAC 125.030
15 AAC 125.040
15 AAC 125.050
15 AAC 125.060
15 AAC 125.065
15 AAC 125.070
15 AAC 125.075
15 AAC 125.080
15 AAC 125.090
15 AAC 125.100
15 AAC 125.105
15 AAC 125.118
15 AAC 125.340

References

15 AAC 05.030
AS 25.27.020 Duties and responsibilities of the agency.
AS 25.27.230 Assertion, recording, and effect of lien.
AS 47.27.200 Alaska Native family assistance grants.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 7 ch 96 SLA 1981; am Sec. 6 ch 72 SLA 1986; am Sec. 19 - 21 ch 7 FSSLA 1994; am Sec. 14 - 16 ch 106 SLA 2000)