CSSB 190(FIN) AM: "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date."
00CS FOR SENATE BILL NO. 190(FIN) am 01 "An Act relating to income withholding and other methods of enforcement for 02 orders of support; relating to medical support orders; amending Alaska Rule of 03 Civil Procedure 90.3(d); and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 25.27.020(a) is amended to read: 06 (a) The agency shall 07 (1) seek enforcement of child support orders of the superior courts of 08 the state in other jurisdictions and shall obtain, enforce, and administer the orders in 09 this state; 10 (2) adopt regulations to carry out the purposes of this chapter, including 11 regulations that establish 12 (A) schedules for determining the amount an obligor is liable 13 to contribute toward the support of an obligee under this chapter and under 42 14 U.S.C. 651 - 669 (Title IV-D, Social Security Act);
01 (B) procedures for hearings conducted under AS 25.27.170; and 02 (C) subject to AS 25.27.025 and to federal law, a uniform rate 03 of interest on arrearages of support that shall be charged the obligor upon 04 notice if child support payments are 10 or more days overdue or if payment is 05 made by a check backed by insufficient funds; however, an obligor may not be 06 charged interest on late payment of a child support obligation, other than a 07 payment on arrearages, if the obligor is 08 (i) employed and income is being withheld from the 09 obligor's wages under an income withholding order; 10 (ii) receiving unemployment compensation and child 11 support obligations are being withheld from the obligor's unemployment 12 payments under AS 23.20.401; or 13 (iii) receiving compensation for disabilities under 14 AS 23.30 and child support obligations are being withheld from the 15 obligor's compensation payments; 16 (3) administer and enforce AS 25.25 (Uniform Reciprocal Enforcement 17 of Support Act); 18 (4) establish, enforce, and administer child support obligations 19 administratively under this chapter; 20 (5) administer the state plan required under 42 U.S.C. 651 - 669 (Title 21 IV-D, Social Security Act) as amended; 22 (6) disburse support payments collected by the agency to the obligee, 23 together with interest charged under (2)(C) of this subsection; 24 (7) establish and enforce administratively under this chapter, or through 25 the superior courts of the state, child support orders from other jurisdictions pertaining 26 to obligors within the state; 27 (8) enforce and administer spousal support orders if a spousal support 28 obligation has been established with respect to the spouse and if the support obligation 29 established with respect to the child of that spouse is also being administered; and 30 (9) obtain a medical support order as part of a child support order if 31 health care coverage is available to the obligor at a reasonable cost; the agency shall
01 consider whether adequate health care is available to the child through the Indian 02 Health Service or other insurance coverage before it orders an obligor to provide 03 health care coverage through insurance or other means. 04 * Sec. 2. AS 25.27.060(c) is amended to read: 05 (c) In a court proceeding where the support of a minor child is at issue, the 06 court may order either or both parents to pay the amount necessary for support, 07 maintenance, nurture, and education of the child. The court shall issue a medical 08 support order as part of a child support order if health care coverage is available to the 09 obligor at a reasonable cost. The court shall consider whether the child is eligible 10 for services through the Indian Health Service or other insurance coverage before 11 ordering the obligor to provide health care coverage through insurance or other 12 means. Upon a showing of good cause the court may order the parents required to 13 pay support to give reasonable security for payments. 14 * Sec. 3. AS 25.27.062(a) is amended to read: 15 (a) A judgment, court order, or order of the agency under this chapter 16 providing for support must contain an income withholding order. Except as provided 17 in (m) of this section, the income withholding order must provide for immediate 18 income withholding if the support order is 19 (1) being enforced by the agency and was issued or modified on or 20 after the effective date of this Act; or 21 (2) not being enforced by the agency and was issued on or after the 22 effective date of this Act [AN INCOME WITHHOLDING ORDER UNDER THIS 23 SECTION MAY NOT BE ENFORCED UNLESS THE OBLIGOR HAD NOTICE OF 24 THE ORDER WHEN IT WAS MADE OR AN APPLICATION FOR THE ORDER 25 WAS SERVED ON THE OBLIGOR IN THE MANNER PROVIDED FOR SERVICE 26 OF A SUMMONS UNDER RULE 4, ALASKA RULES OF CIVIL PROCEDURE]. 27 * Sec. 4. AS 25.27.062(b) is amended to read: 28 (b) An income withholding order must direct the obligor, the obligor's 29 employer, future employer, and any person, political subdivision, or department of the 30 state to withhold money due or to be due the obligor and pay the money to the agency, 31 in an amount determined under (i) of this section. A court that issues a support
01 order on or after the effective date of this Act shall send a copy of the order to 02 the agency. 03 * Sec. 5. AS 25.27.062(c) is repealed and reenacted to read: 04 (c) Income withholding under a support order that does not require immediate 05 withholding may be initiated under AS 25.27.150 if the support order is being enforced 06 by the agency, or under (d) of this section if the support order is not being enforced 07 by the agency, if 08 (1) the obligor requests withholding; 09 (2) the payments that the obligor has failed to make within 30 days of 10 the monthly due date specified in the support order are equal to or greater than the 11 support payable for one month; or 12 (3) the obligee requests withholding and 13 (A) the agency approves the request because all or part of the 14 monthly payment of the obligor has been more than 10 days overdue more than 15 one time in the preceding 12 months or there is reason to believe that the 16 obligor might withdraw assets to avoid payment of support; in this paragraph, 17 "10 days overdue" means occurring 10 days after the monthly due date 18 specified in a support order; or 19 (B) the court approves the request for good cause. 20 * Sec. 6. AS 25.27.062(d) is repealed and reenacted to read: 21 (d) Income withholding under a support order that does not require immediate 22 income withholding and that is not being enforced by the agency may be initiated by 23 filing a motion with the court and complying with applicable court rules. The court 24 shall order the beginning of income withholding under this subsection if the court finds 25 that any of the grounds in (c)(1), (c)(2), or (c)(3)(B) of this section is satisfied. It is 26 not a defense to a motion based on (c)(2) of this section that less than one full month's 27 payment is past due by 30 days if at least one full month's payment was past due by 28 30 days on the date the motion was filed. Notice to the obligor of income withholding 29 ordered under this subsection must be given in a manner that complies with court 30 rules. In this subsection, "past due by 30 days" means unpaid 30 days after the 31 monthly due date specified in the support order.
01 * Sec. 7. AS 25.27.062(e) is amended to read: 02 (e) The [OBLIGEE OR PERSON OR PUBLIC] agency or the person who 03 obtains an [THAT REQUESTED THE] income withholding order under this chapter 04 shall immediately send a copy of the income withholding order, a copy of the relevant 05 provisions of AS 25.27.260 and this section, and an explanation of the effect of the 06 statutes [BY CERTIFIED MAIL] to persons who may owe money to an obligor. 07 These items may be sent by first class mail or certified mail, return receipt 08 requested, or they may be served personally by a process server. An income 09 withholding order made under this chapter [SECTION] is binding upon a person, 10 employer, political subdivision, or department of the state immediately upon receipt 11 of a copy of the income withholding order. An employer shall begin withholding the 12 specified amount from the employee's wages (1) 14 working days after the mailing 13 date on the order [NOTICE] of withholding or 14 working days after the date on 14 which the order was personally served, whichever is applicable, or (2) on the first 15 day of the next pay period, if earlier. The amount withheld shall be sent to the agency 16 within 10 working days after the date the employee is paid. An employer may, 17 for each payment made under an order, deduct $5 from other wages or salary 18 owed to the obligor. 19 * Sec. 8. AS 25.27.062(f) is amended to read: 20 (f) An employer may not discharge, discipline, or refuse to employ an obligor 21 on the basis of an income withholding order issued under this chapter [SECTION]. 22 If an employer discharges, disciplines, or refuses to employ an obligor because of an 23 income withholding obligation, the court, after notice and hearing, may order 24 reinstatement or restitution to the obligor, or both. A person who violates this 25 subsection or a regulation adopted to implement it, is liable for a civil penalty of not 26 more than $1,000. 27 * Sec. 9. AS 25.27.062(g) is amended to read: 28 (g) An income withholding order under this chapter [SECTION] has priority 29 over all other attachments, executions, garnishments, or other legal process brought 30 under state law against the same property unless otherwise ordered by the court. An 31 income withholding order is not limited to the wages of an obligor but may include
01 all money owed to the obligor not otherwise exempt by law. Exemptions under 02 AS 09.38 do not apply to income withholdings under this chapter [SECTION]. 03 * Sec. 10. AS 25.27.062(h) is amended to read: 04 (h) The court may order payment of all court costs that resulted from an 05 income withholding proceeding under this chapter [SECTION]. 06 * Sec. 11. AS 25.27.062(k) is repealed and reenacted to read: 07 (k) An employer who is withholding income of an employee under an order 08 that provides that the withheld income shall be paid to the agency shall notify the 09 agency promptly when the employee gives or receives notice of termination of 10 employment and provide to the agency the employee's last known home address and 11 the name and address of the employee's new employer, if known. 12 * Sec. 12. AS 25.27.062(l) is repealed and reenacted to read: 13 (l) Unless modified or terminated by the agency or the court, an order to 14 withhold income under this chapter remains in effect until the support order is 15 satisfied. The agency or court may not terminate or modify an income withholding 16 order solely on the ground that the obligor has paid all arrearages. Upon satisfaction 17 of a support order, if the order is 18 (1) being enforced by the agency, the agency shall, within 15 working 19 days, notify all persons served by the agency with the income withholding order that 20 withholding is no longer required; if the agency receives money from an obligor under 21 an income withholding order after the underlying support order has been satisfied and 22 the agency was enforcing the support order at the time it became satisfied, the agency 23 shall immediately return the overpayment to the obligor; if the agency fails to return 24 an overpayment as required under this paragraph, the state is liable to the obligor for 25 the amount of the overpayment, plus interest at the rate imposed under AS 43.05.225, 26 and a person to whom the agency erroneously disbursed the overpayment is liable to 27 the state for the amount disbursed, plus interest at the rate imposed under 28 AS 43.05.225; 29 (2) not being enforced by the agency, the obligor shall file a motion 30 in court requesting termination of the withholding order and serve the motion on the 31 obligee; the court shall enter an order terminating the withholding order if the court
01 determines that the support order has been satisfied; the obligor may deliver a copy 02 of the termination order to persons who were served with the income withholding 03 order; when a termination order is entered, the obligee shall, upon request of the 04 obligor, notify the obligor of all persons who have been served with the income 05 withholding order by the obligee. 06 * Sec. 13. AS 25.27.062 is amended by adding new subsections to read: 07 (m) An income withholding order described in (a)(1) - (2) of this section is 08 not subject to immediate withholding if the support order is 09 (1) being enforced by the agency and the obligor agrees to keep the 10 agency informed of the obligor's current employer and the availability of employment-related health insurance 11 coverage for the children covered by the support order until 12 the support order is satisfied and 13 (A) the agency has entered into its record a written agreement 14 between the obligor and the obligee that provides for an alternative 15 arrangement and income withholding has not been terminated previously and 16 subsequently initiated; the agency must also be a party to an agreement under 17 this paragraph if support has been assigned to the state; or 18 (B) the obligor or obligee demonstrates and the agency, in 19 compliance with applicable federal law, finds good cause not to require 20 immediate income withholding because it would not be in the best interests of 21 the child and, in a case involving the modification of a support order, the 22 obligor has made voluntary support payments under a court or agency order 23 and has not been in arrears in an amount equal to the support payable for one 24 month; in this paragraph, "in arrears" means failing to make a support payment 25 within 30 days of the monthly due date specified in the order; 26 (2) not being enforced by the agency and the obligor agrees to keep the 27 obligee informed of the obligor's current employer and the availability of employment- 28 related health insurance coverage for the children covered by the support order until 29 the support order is satisfied and 30 (A) the court finds that (i) a written agreement exists between 31 the obligor and the obligee that provides for an alternative arrangement and (ii)
01 income withholding has not been terminated previously and subsequently 02 initiated; the agency must also be a party to an agreement under this paragraph 03 if support has been assigned to the state; or 04 (B) the obligor or obligee demonstrates, and the court, in 05 compliance with applicable federal law, finds good cause not to require 06 immediate income withholding because it would not be in the best interests of 07 the child and, in a case involving the modification of a support order, the 08 obligor has made voluntary support payments under a court or agency order 09 and has not been in arrears in an amount equal to the support payable for one 10 month; in this paragraph, "in arrears" means failing to make a support payment 11 within 30 days of the monthly due date specified in the order; or 12 (3) an order that involves an obligor who is receiving social security 13 or other disability compensation that includes regular payments to the children who are 14 the subjects of the support order, except to the extent that the payments to the children 15 do not equal the child support due each month. 16 (n) In calculating the amount of child support to be withheld under an income 17 withholding order, the agency shall give credit to the obligor for the cost to the obligor 18 of medical and dental insurance for the children and educational payments for the 19 children to the extent that the insurance coverage and educational payments are 20 required in the applicable child support order and are actually paid for by the obligor. 21 * Sec. 14. AS 25.27.100 is amended to read: 22 Sec. 25.27.100. ALL PERSONS MAY USE AGENCY; FEES FOR 23 SERVICES. The agency shall provide aid to any person due child support under the 24 laws of this state upon application. Subject to (b) of this section, the [THE] agency 25 may, by regulation, impose a fee for services provided under this chapter. 26 * Sec. 15. AS 25.27.100 is amended by adding a new subsection to read: 27 (b) To the extent allowed under federal law, for each payment made by the 28 agency to a custodian from money sent to the agency under an income withholding 29 order issued under this chapter, the agency shall impose a fee of $5 on the custodian. 30 To the extent allowed under federal law, the agency shall subtract this fee from the 31 money it receives under the income withholding order before disbursing the balance
01 of the money to the custodian. 02 * Sec. 16. AS 25.27.140(b) is amended to read: 03 (b) If a support order has been entered, the agency may enforce the support 04 order utilizing the procedures prescribed in AS 25.27.062, 25.27.150, [AS 25.27.150] 05 and 25.27.230 - 25.27.270. 06 * Sec. 17. AS 25.27.150 is repealed and reenacted to read: 07 Sec. 25.27.150. INITIATED INCOME WITHHOLDING; REQUIRED 08 NOTICE AND HEARING. (a) In order to initiate income withholding for a support 09 order being enforced by the agency for which immediate income withholding is not 10 required under AS 25.27.062(a), the agency shall serve a notice of its intent to initiate 11 income withholding on the obligor. Notice under this subsection shall be served upon 12 the obligor by certified mail to the obligor's last known address, and service is 13 complete when the notice is properly addressed, certified, and mailed. 14 (b) The notice must state the amount of the overdue support that is owed, if 15 any, and the amount of income that will be withheld. 16 (c) The notice shall inform the obligor that the income withholding order will 17 take effect 15 days after the date on which the notice is served unless the obligor 18 requests a hearing within 15 days after the notice is served. If the obligor requests a 19 hearing, an income withholding order may not take effect until the conclusion of the 20 hearing. 21 (d) If the obligor requests a hearing, it shall be conducted under the 22 department's regulations for informal conferences and shall be held within 15 days of 23 the date of the request. The hearing may only be held to determine if there is a 24 mistake of fact that makes the income withholding order improper because the amount 25 of current or overdue support is incorrect, the identity of the obligor is inaccurate, or, 26 for initiated withholding based on AS 25.27.062(c)(3)(A), the alleged facts regarding 27 overdue payments or potential withdrawal of assets are incorrect. The order is not 28 subject to any other legal defenses. It is not a defense to an income withholding order 29 issued under AS 25.27.062(c)(2) that less than one full month's payment is past due 30 if at least one full month's payment was past due on the date notice was served under 31 this section.
01 (e) The appeals officer shall inform the obligor, either at the hearing or within 02 15 days after the hearing, whether or not the withholding will occur and of the date 03 on which it is to commence. 04 (f) If the appeals officer determines that withholding will occur, the obligor 05 may request a formal hearing, as provided in the department's regulations. The 06 income withholding order shall be issued and withholding shall begin under the 07 procedures in AS 25.27.062, whether or not the obligor requests a formal hearing, 08 unless the obligor posts security or a bond in the amount that would have been 09 withheld pending the outcome of a formal hearing. 10 * Sec. 18. AS 25.27.160(b) is amended to read: 11 (b) The notice and finding of financial responsibility served under (a) of this 12 section must state 13 (1) the sum or periodic payments for which the alleged obligor is found 14 to be responsible, calculated by taking into consideration the need of the alleged 15 obligee, the alleged obligor's liability to the state under AS 25.27.120 [AS 25.27.130] 16 if any, and the duty of support under the law; 17 (2) the name of the alleged obligee and the obligee's custodian; 18 (3) that the alleged obligor may appear and show cause in a hearing 19 held by the agency why the finding is incorrect, should not be finally ordered, and 20 should be modified or rescinded, because 21 (A) no duty of support is owed; or 22 (B) the amount of support found to be owed is incorrect; 23 (4) that if the person served with the notice and finding of financial 24 responsibility does not request a hearing within 30 days, the property and income of 25 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 26 [IN ACCORDANCE WITH AS 25.27.230 - 25.27.270] in the amounts stated in the 27 finding without further notice or hearing. 28 * Sec. 19. AS 25.27.170(b) is amended to read: 29 (b) If a request for a formal hearing under (a) of this section is made, the 30 execution under AS 25.27.062 and 25.27.230 - 25.27.270 may not [AS 25.27.230 - 31 25.27.270 SHALL] be stayed unless the obligor posts security or a bond in the
01 amount of child support that would have been due under the finding of financial 02 responsibility pending the decision on the hearing [, OR THE DECISION OF A 03 COURT, IF APPEALED]. If no request for a hearing is made, the finding of 04 responsibility is final at the expiration of the 30-day period. 05 * Sec. 20. AS 25.27.170(d) is amended to read: 06 (d) The hearing officer shall determine the amount of periodic payments 07 necessary to satisfy the past, present, and future liability of the alleged obligor under 08 AS 25.27.120 [AS 25.27.130], if any, and under any duty of support imposable under 09 the law. The amount of periodic payments determined under this subsection is not 10 limited by the amount of any public assistance payment made to or for the benefit of 11 the child. 12 * Sec. 21. AS 25.27.170(f) is amended to read: 13 (f) If the alleged obligor requesting the hearing fails to appear at the hearing, 14 the hearing officer shall enter a decision declaring the property and income of the 15 alleged obligor subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 16 [IN ACCORDANCE WITH AS 25.27.230 - 25.27.270] in the amounts stated in the 17 notice and finding of financial responsibility. 18 * Sec. 22. AS 25.27.180(b) is amended to read: 19 (b) Liability to the state under AS 25.27.120 [AS 25.27.130] is limited to the 20 amount for which the obligor is found to be responsible under (a) of this section. 21 * Sec. 23. AS 25.27.230(a) is amended to read: 22 (a) At the expiration of 30 days from either (1) the date of distribution of an 23 income withholding order under AS 25.27.062 [SERVICE OF NOTICE UNDER 24 AS 25.27.150], or (2) the date of service of a notice and finding of financial 25 responsibility under AS 25.27.160, the agency may assert a lien upon the real or 26 personal property of the obligor, in the amount of the obligor's liability. 27 * Sec. 24. AS 25.27.230(c) is amended to read: 28 (c) The lien shall attach to all real and personal property of the obligor and be 29 effective on the date of recording of the lien with the recorder of the recording district 30 in which the property attached is located. A lien against earnings shall attach and be 31 effective upon filing with the recorder of the recording district in which the employer
01 does business or maintains an office or agent for the purpose of doing business. A 02 lien filed at the offices of the Commercial Fisheries Entry Commission in Juneau 03 against a limited entry permit issued under AS 16.43 is considered to have been 04 filed against the permit in all recording districts in which the permit holder uses 05 the permit. 06 * Sec. 25. AS 25.27.250(a) is amended to read: 07 (a) At the expiration of either (1) 15 [30] days from the date of service of an 08 income withholding order under AS 25.27.062 or notice under AS 25.27.150, or (2) 09 30 days from the date of service of a notice and finding of financial responsibility 10 under AS 25.27.160, the agency may issue to any person, political subdivision, or 11 department of the state an order to withhold and deliver property. 12 * Sec. 26. AS 25.27.250(b) is amended to read: 13 (b) All real or personal property belonging to the obligor is subject to an order 14 to withhold and deliver, including, but not limited to, earnings that are due, owing, or 15 belonging to the debtor. In calculating the amount to be withheld and delivered 16 under an order issued under this section, the agency shall give credit to the 17 obligor for the cost to the obligor of medical and dental insurance for the children 18 and educational payments for the children to the extent that the insurance 19 coverage and educational payments are required in the applicable child support 20 order and are actually paid for by the obligor. 21 * Sec. 27. AS 25.27.250(f) is amended to read: 22 (f) If a person, political subdivision, or department of the state upon whom 23 service of an order to withhold and deliver has been made possesses property due, 24 owing, or belonging to the obligor, that person, subdivision, or department shall 25 withhold the property immediately upon receipt of the order and shall deliver the 26 property to the agency [UPON DEMAND] after the expiration of the 14-day period 27 from the date of service of the order or expiration of the period specified in 28 AS 25.27.062(e), whichever is earlier. The agency shall hold property delivered 29 under this subsection in trust for application against the liability of the obligor under 30 AS 25.27.062, 25.27.120, or 25.27.160 [AS 25.27.130] or for return, without interest, 31 depending on final determination of liability or nonliability under this chapter. The
01 agency may accept a good and sufficient bond to secure payment of past, present, 02 and future support conditioned upon final determination of liability in lieu of 03 requiring delivery [DELIVERING] of property under this subsection. 04 * Sec. 28. AS 25.27.250 is amended by adding a new subsection to read: 05 (j) A person, political subdivision, or department that fails to comply with an 06 order to withhold and deliver served under this subsection is subject to penalties under 07 AS 25.27.260. A person, political subdivision, or department may, for each payment 08 made under an order to withhold and deliver, deduct $5 from other wages or salary 09 owed to the obligor. 10 * Sec. 29. AS 25.27.255(a) is amended to read: 11 (a) The agency shall pay to the obligee all money recovered by the agency 12 from the obligor under an income withholding order except for court costs and money 13 assigned to the agency under AS 25.27.120 - 25.27.130. However, if there is more 14 than one income withholding order under this chapter against an obligor, the 15 agency shall allocate amounts available for withholding in a manner that gives 16 priority to current support up to the limits imposed under 15 U.S.C. 1673(b) 17 (sec. 303(b), Consumer Credit Protection Act). Notwithstanding the priority given 18 to current support, the agency shall establish procedures for allocation of support 19 among obligees so that in no case will the allocation result in a withholding order 20 for one obligee not being implemented. 21 * Sec. 30. AS 25.27.260 is amended to read: 22 Sec. 25.27.260. CIVIL LIABILITY UPON FAILURE TO COMPLY WITH 23 AN ORDER OR LIEN. If a [ANY] person, political subdivision, or department of the 24 state (1) fails to make an answer to an order to withhold and deliver within the time 25 prescribed in AS 25.27.250; (2) fails or refuses to deliver property in accordance with 26 an order issued under AS 25.27.250; (3) pays over, releases, sells, transfers, or conveys 27 real property subject to a lien recorded under AS 25.27.230 to or for the benefit of the 28 obligor or any other person; (4) fails or refuses to surrender upon demand property 29 attached; or (5) fails or refuses to honor an assignment of wages or an income 30 withholding order under AS 25.27.062 that was served [PRESENTED] by the agency 31 through personal service by a process server or through certified mail, return
01 receipt requested, the person, political subdivision, or department of the state is liable 02 to the agency in an amount equal to 100 percent of the amount constituting the basis 03 of the lien, order to withhold and deliver, attachment, or withholding of wages or 04 income, together with costs, interest, and reasonable attorney fees. 05 * Sec. 31. AS 25.27.260 is amended by adding a new subsection to read: 06 (b) A person, political subdivision, or department of the state that intentionally 07 fails or refuses to honor a properly served income withholding order under 08 AS 25.27.062 that is not being enforced by the agency is liable to the obligee in an 09 amount equal to 100 percent of the amount ordered to be withheld together with costs, 10 interest, and reasonable attorney fees. 11 * Sec. 32. AS 33.30.131(b) is amended to read: 12 (b) Unless alternative arrangements are expressly approved by the 13 commissioner, when a prisoner is employed outside a correctional facility as part of 14 a prerelease or short-duration furlough program, or as part of serving time in a 15 correctional restitution center under AS 33.30.151 - 33.30.181, the earnings of the 16 prisoner shall be delivered to the commissioner. If an employer transmits the earnings 17 to the commissioner, the employer has no liability to the prisoner for the earnings. The 18 commissioner shall disburse the earnings of the prisoner, in an order determined 19 appropriate, under procedures adopted by the commissioner to 20 (1) pay for the room, board, and personal expenses of the prisoner in 21 an amount or at a rate determined by the commissioner; 22 (2) pay any restitution or fine ordered by the sentencing court; 23 (3) reimburse the state for an award made for violent crimes 24 compensation under AS 18.67 arising out of the criminal conduct of the prisoner; 25 (4) pay a civil judgment arising out of the criminal conduct of the 26 prisoner; and 27 (5) support the dependents of the prisoner, and to provide child support 28 payments as required by AS 25.27 [AS 25.27.062]. 29 * Sec. 33. Alaska Rule of Civil Procedure 90.3(d) is amended to read: 30 (d) HEALTH INSURANCE - CREDITS. The court shall address coverage of 31 the children's health care needs and require health insurance if insurance is available
01 to either parent at a reasonable cost. The court shall consider whether the children 02 are eligible for services through the Indian Health Service or other insurance 03 coverage before ordering the obligor to provide health care coverage through 04 insurance or other means. In calculating a child support award, credit will be given 05 for medical and dental insurance, or educational payments for the children which are 06 required by the court or administrative order and actually paid. 07 * Sec. 34. AS 25.27.255(b), 25.27.255(c), and secs. 2 and 5, ch. 75, SLA 1991, are 08 repealed. 09 * Sec. 35. TRANSITIONAL PROVISION. (a) Notwithstanding other provisions of this 10 Act, in the case of a support order issued by a court on or after January 1, 1994, and before 11 the effective date of this Act, the court shall, upon filing of a motion by an obligee who is the 12 subject of the support order, issue an immediate income withholding order for support, 13 regardless of whether support payments are in arrears, unless 14 (1) a written agreement exists between the obligor and the obligee that 15 provides for an alternative arrangement; 16 (2) the obligor demonstrates, and the court finds, that there is good cause not 17 to require immediate income withholding; or 18 (3) the support order is being enforced by the child support enforcement 19 agency. 20 (b) An immediate income withholding order issued under this section is governed by 21 AS 25.27, as amended by this Act, and shall be treated as an immediate income withholding 22 order issued under AS 25.27.062(a). 23 * Sec. 36. This Act takes effect on the 10th day after the date it becomes law under 24 AS 01.10.070(a).