Section 25.27.190. Modification of administrative finding or decision.

   (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.

Authorities

25.27.194

Notes

Implemented As

15 AAC 05.025
15 AAC 125.085
15 AAC 125.090
15 AAC 125.321
15 AAC 125.327
15 AAC 125.331
15 AAC 125.335
15 AAC 125.340
15 AAC 125.625

References

15 AAC 125.720
AS 25.27.194 Processing time for modification of support orders.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 13 ch 68 SLA 1988; am Sec. 101, 102 ch 87 SLA 1997; am Sec. 16 ch 108 SLA 2004)