REVIEW AND ADJUSTMENT OF A SUPPORT ORDER

CS 450P-1 Initiating a Review and Pre-request Procedures

12/06/04 Revised 09/28/18 Training Completed 10/12/18

45 CFR 303.3, 303.8; U.C.A. 62A-11-304.4, 306.2, 320.5, 320.6, 78B-12-111, 112, 202, 204, 205, 210; R527-231, 255, 601

 

 

The overall steps for Child Support Services (CSS) cases and Child in Care (CIC) cases coded for review and adjustment are similar.  Any specific procedural differences discussed in this section will refer to “CSS case coded” or “CIC case coded.”  Every letter used in the review and adjustment process on a CSS case has a parallel letter to be used on a CIC case; however, the automation may not be the same.  Those differences are noted below where they are known.

 

 

Criteria CSS Will Use to Initiate a Review

 

1.                   3 year review, mandatory review if child(ren) are receiving IV-A case assistance (does not apply to CIC cases): UCA 62A-11-306.2 states: 

“If a child support order has not been issued, adjusted, or modified within the previous three years and the children who are the subject of the order currently receive TANF funds, the office shall review the order, and if appropriate, move the tribunal to adjust the amount of the order if there is a difference of 10% or more between the payor’s ordered support amount and the payor’s support amount required under the guidelines.” 

 

NOTE:  Generally, the payor is the non-custodial parent.  For specified relative cases, the payor may be either or both parent(s).

 

2.                   Upon request:  45 CFR 303.8(a) states: 

“Definition. For purposes of this section, Parent includes any custodial parent or noncustodial parent (or for purpose of requesting a review, any other person or entity who may have standing to request an adjustment to the child support order).” 

 

NOTE:  “any other person or entity” could be CSS or the custodial beneficiary named in the court order (e.g., legal guardian or IV-E foster care).  For simplicity in policy, we will refer to “the parent or parents” unless a third-party would make a specific difference in the procedures to be followed.

 

ORS employees should not promote, solicit or recommend a review and adjustment to the parent(s) on a case.

 

A parent who wishes the Office of Recovery Services/Child Support Services (ORS/CSS) to conduct a review must have an open case with CSS).  If the requestor does not have an open case, inform him/her to first apply for Non-IV-A services.  If a parent has an open case and a request for a review is received from the other parent, CSS will inform the requesting party that the review will be pursued under the existing case.

 

A request for review and adjustment must be received in writing.  A written request for review can be received through the mail or in person.  An e-mailed request is not considered a written request.  However, the requester may send an e-mail with an attachment containing a signed scanned copy of the request.  If the requestor comes into the office or asks how to initiate a review and adjustment, have him/her complete the Request for Review and Adjustment form. 

While this form is the preferred method for requesting a review and adjustment, any request submitted in writing is valid to start this process. 

 

When a parent makes a request for a review of a judicial order, if appropriate, s/he must include the Findings of Fact.  If the Findings of Fact is not included with the request, the request is not complete.  The agent will request the document in order to start the review. 

 

If another state sends a request for a modification only, forward the request to be imaged.  The Central Registry Unit (CRU) will receive the imaged transmittal to open a full service case, if appropriate.  Once the case is opened, proceed with the review.

 

3.                   Incarceration modifications when the NCP is incarcerated for more than 180 days prospectively:  Pursuant to 45 CFR 303.8(b)(2), after learning that a noncustodial parent (NCP) will be incarcerated for more than 180 days prospectively, the Office of Recovery Services (ORS) has elected to initiate a review, and if appropriate, adjustment of the child support order.  45 CFR 303.8(b)(2) states:

“The State may elect in its State plan to initiate review of an order, after learning that a noncustodial parent will be incarcerated for more than 180 calendar days, without the need for a specific request and, upon notice to both parents, review and, if appropriate, adjust the order, in accordance with paragraph (b)(1)(i) of this section.”

 

4.                   Medical insurance provision needed:  45 CFR 303.8(d) states: 

Health care needs must be adequate basis. The need to provide for the child's health care needs in the order, through health insurance or other means, must be an adequate basis under State law to initiate an adjustment of an order, regardless of whether an adjustment in the amount of child support is necessary.“

 

When the criteria are met, you must request a modification of the order to include a medical insurance provision even if you are not adjusting the support award.

 

 

Procedures to Initiate a Review in ORSIS – Post Order Agent

 

When the imaged written request for review is received or Utah is requesting a review on a IV-A case or on a modification due to incarceration, put the case in the pre-request phase.  Verify that the request for review is for review and adjustment of the current support order, not a review of the arrears payment amount.  If the request is for a review and adjustment, proceed as outlined. 

 

Once a request for review is received or the case has been identified to qualify for a modification due to incarceration, the post order agent will update ORSIS.

 

 

Review Initiated – ORSIS Follow-up

 

After the review reason has been entered on ORSIS, ORSIS completes the steps below.

 

1.                   Assigns the case to the appropriate modification agent.

 

2.                   Sends the appropriate letter depending on the requesting party.

 

3.                   Sends the appropriate letters depending on the requesting party.

 

 

Pre-request Procedures – Modification Agent

 

When an alert is received, complete the steps below. 

 

1.                   (Senior Agent) Complete the paternity review for each child on the case.  This applies to all cases, regardless of the current case function.  

 

2.                   Check for any judicial action that may be pending or has been completed and has not been imaged.  If an order does exist that has not been imaged, obtain a copy of the order and image the document.

 

3.                   Verify that all the participants that were a party to the previous support order have been added to the case.

 

4.                   If there are multiple orders, determine if a final determination of controlling order (DCO) has been made.  If a DCO has not been made, complete one.

 

5.                   Determine Continuing, Exclusive Jurisdiction (CEJ).  If no state or country has CEJ, enter the state or country that will register the order and assume CEJ.  If the order has to be registered in another state, determine the location of both parents and send an interstate referral to the other state and request registration of the order for a modification. 

 

6.                   Complete the follow-up steps listed below depending on who has CEJ and who requested the review.

a.                   CEJ is another jurisdiction and a parent is the requestor.

i.                     Request the other state or country to do a review and adjustment. 

ii.                   The CEJ Not Utah, Requesting Modification Other State letter is automatically sent to the requestor.

iii.                  Generate the General Testimony for the other state.  Send it to the party residing in Utah to complete. 

iv.                 Once you receive the completed General Testimony, send the appropriate forms to the other state.  The other state will complete the review and if appropriate the adjustment.  They will notify you of the results.

b.                  CEJ is another jurisdiction and another state requested the review.

i.                     Notify the requesting other state that Utah does not have CEJ. 

c.                   CEJ is another jurisdiction and Utah is the requestor.

i.                     Send a review and adjustment request to the appropriate state.

A.                  Generate the General Testimony.  Send the General Testimony to the party in Utah to complete and follow up in 20 days.

B.                  Send the appropriate forms to the other state.  The other state will complete the review and if appropriate the adjustment. They will notify you of the results.

d.                  Utah has CEJ.  Determine if the case qualifies for a review. 

i.                     If the case is not qualified for a review:

A.                  If a parent requested the review, send the Review Request/Modification Denied letter to the requesting parent.

B.                  If another state requested the review, notify the other state that the case does not qualify for a review. 

ii.                   If the case is qualified for a review, determine if the required documentation has been returned.  Allow the requesting party 20 days (35 if interstate) from the day the initial letter was sent to return the information before proceeding with the next step. 

 Required documentation includes the completed financial statement or general testimony, proof of a change in circumstances (less the three year review), Findings of Facts (judicial orders if it exists) and a notarized Affidavit of Decreased Income, if appropriate.

A.                  Documentation not returned.  If another state is the requestor, notify them that Utah will not do the review because the requestor did not return the requested documentation.

B.                  Some documentation returned, need additional information.  If all the required documentation was not returned, send the requesting party the Review Termination Notice.  After 10 days:

(1)                If the information is not returned, end the review.

(2)                If the information is returned, continue with the review.

C.                  Documentation returned – Continue with the review.

 

 

Genetic Testing Requested

 

If genetic testing and a modification are requested at the same time, and the case qualifies for genetic testing to be conducted, do the genetic testing first.  If the father is not excluded, proceed with the review and adjustment.

 

If genetic testing is requested during the pre-request or the review, stop the review and conduct the genetic testing.