Section 25.27.250. Order to withhold and deliver.

   (a) Without prior notice to the obligor, the agency may issue to any person, including an entity, political subdivision, or state agency, an order to withhold and deliver property under this section; the order may be issued
        (1) immediately upon issuance of an income withholding order that provides for immediate income withholding under AS 25.27.062(a);
        (2) immediately after an arrearage occurs under a support order described in AS 25.27.150(a);
        (3) at the expiration of 30 days after the date of service of a notice and finding of financial responsibility under AS 25.27.160; or
        (4) at the expiration of 30 days after service of a decision establishing paternity and financial responsibility under AS 25.27.165.
   (b) All real or personal property belonging to the obligor is subject to an order to withhold and deliver, including, but not limited to, earnings that are due, owing, or belonging to the debtor. In calculating the amount to be withheld and delivered under an order issued under this section, the agency shall give credit to the obligor for the cost to the obligor of medical and dental insurance for the children and educational payments for the children to the extent that the insurance coverage and educational payments are required in the applicable child support order and are actually paid for by the obligor.
   (c) The agency may issue an order to withhold and deliver when it has reason to believe that there is in the possession of a person, political subdivision, or department of the state property that is due, owing, or belonging to the obligor.
   (d) The order to withhold and deliver shall be served upon the person, political subdivision, or department of the state possessing the property electronically or in the manner provided for service of liens under AS 25.27.240. The order must state the amount of the obligor's liability and must state in summary the terms of AS 25.27.260 and 25.27.270.
   (e) Any person, political subdivision, or department of the state served with an order to withhold and deliver is required to make true answers to inquiries contained in the order under oath and in writing within 14 days after service of the order, and is further required to answer all inquiries subsequently put.
   (f) If a person, political subdivision, or department of the state upon whom service of an order to withhold and deliver has been made possesses property due, owing, or belonging to the obligor, that person, subdivision, or department shall withhold the property immediately upon receipt of the order and shall deliver the property to the agency (1) if the property is earnings of an employee who is subject to a child support order being enforced by the agency, within seven business days after the amount would, but for this section, have been paid or credited to the employee; or (2) in the case of all other property, within 14 business days after the date of service of the order. The agency shall hold property delivered under this subsection in trust for application against the liability of the obligor under AS 25.27.062, 25.27.120, or 25.27.160 or for return, without interest, depending on final determination of liability or nonliability under this chapter. The agency may accept a good and sufficient bond to secure payment of past, present, and future support conditioned upon final determination of liability in lieu of requiring delivery of property under this subsection.
   (g) Delivery to the agency of the money or other property due, owing, or belonging to the obligor shall satisfy the requirement of the order to withhold and deliver.  Delivery of money due and owing to the obligor under any contract of employment, express or implied, or held by any person, political subdivision, or department of the state, and subject to withdrawal by the obligor, shall be delivered by remittance payable to the order of the agency.
   (h)  [Repealed, Sec. 148(a) ch 87 SLA 1997]. 
   (i) An order to withhold and deliver under this section has priority over all other attachments, executions, garnishments, or other legal process brought under state law against the same property unless otherwise ordered by the court. Exemptions under AS 09.38 do not apply to proceedings to enforce the payment of child support under AS 25.27.230  - 25.27.270; however, net disposable earnings are exempt from execution as provided in 15 U.S.C. 1673(b).  In this subsection, "net disposable earnings" has the meaning given in 15 U.S.C. 1672.
   (j) A person, political subdivision, or department that fails to comply with an order to withhold and deliver served under this subsection is subject to penalties under AS 25.27.260. A person, political subdivision, or department may, for each payment made under an order to withhold and deliver, deduct $5 from other wages or salary owed to the obligor.

Authorities

25.27.020;25.27.260;25.27.270

Notes

Implemented As

15 AAC 125.410
15 AAC 125.411
15 AAC 125.427
15 AAC 125.460
15 AAC 125.463
15 AAC 125.500
15 AAC 125.505
15 AAC 125.510
15 AAC 125.520
15 AAC 125.525
15 AAC 125.530
15 AAC 125.540
15 AAC 125.545
15 AAC 125.550
15 AAC 125.560
15 AAC 125.565
15 AAC 125.570
15 AAC 125.571
15 AAC 125.572

References

15 AAC 125.500
15 AAC 125.505
15 AAC 125.520
15 AAC 125.525
15 AAC 125.530
15 AAC 125.540
AS 25.27.020 Duties and responsibilities of the agency.
AS 25.27.260 Civil liability upon failure to comply with an order or lien.
AS 25.27.270 Judicial relief from administrative execution.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 8 ch 96 SLA 1981; am Sec. 134 ch 6 SLA 1984; am Sec. 10 ch 144 SLA 1984; am Sec. 12 ch 40 SLA 1985; am Sec. 14 - 16 ch 68 SLA 1988; am Sec. 25 - 28 ch 7 FSSLA 1994; am Sec. 20 ch 57 SLA 1995; am Sec. 128 - 130, 148 ch 87 SLA 1997; am Sec. 47 ch 132 SLA 1998)